Ambers has details:

[T]he White House hasn't made a decision about whether they want to support a strong public push by the Justice Department to try those suspects in federal courts. Number two, the basic dilemma, as chrystalized to me by a senior administration official last week, is that President Obama hasn't decided whether closing Guantanamo Bay is a higher priority than establishing a paradigm for trying high-level terrorism suspects in federal courts -- AND codifying into law the president's ability to keep so-called "War of Law Detainees" indefinitely detained. Congress faces a well of different pressures: Democrats don't want to talk about these issues until after the election, but they DO want Obama to deal with the whole shebang as a whole shebang. Republicans, with the exception of Sen. Lindsey Graham, will oppose whatever the administration proposes, unless it happens to be the right of the nested position of the Bush Administration.

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