Thom Shanker and David Sanger for the NY Times report: In his first weeks as defense secretary, Robert M. Gates repeatedly argued that the detention facility at Guantánamo Bay, Cuba, had become so tainted abroad that legal proceedings at Guantánamo would be viewed as illegitimate, according to senior administration officials. He told President Bush and others that it should be shut down as quickly as possible.
(…)
Mr. Gates’s arguments were rejected after Attorney General Alberto R. Gonzales and some other government lawyers expressed strong objections to moving detainees to the United States, a stance that was backed by the office of Vice President Dick Cheney, administration officials said.
As Mr. Gates was making his case, Secretary of State Condoleezza Rice joined him in urging that the detention facility be shut down, administration officials said. But the high-level discussions about closing Guantánamo came to a halt after Mr. Bush rejected the approach.
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Some administration lawyers are deeply reluctant to move terrorism suspects to American soil because it could increase their constitutional and statutory rights — and invite an explosion of civil litigation. Guantánamo was chosen because it was an American military facility but not on American soil.
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