U.S. ponders Guantanamo closure as Bush term ends

By Sue Pleming

WASHINGTON (Reuters) - The Bush administration could announce plans by the end of its term in January to close Guantanamo prison and an upcoming Supreme Court ruling might be the impetus for this, senior U.S. officials and experts say.

The government is under international and domestic pressure to close the prison camp, which opened at the U.S. naval base at Guantanamo Bay on Cuba in January 2002 to house terrorism suspects caught after the invasion of Afghanistan.

"A decision could be made in this administration to announce the closure of Guantanamo," said a senior U.S. official, who spoke on condition he was not identified because of the sensitivity of the issue.

"It is unlikely in the next nine months that Guantanamo could be physically (closed) but it is possible the policy decision could be taken to close it."

Officials say planning and debate has intensified in recent months over how to deal with Guantanamo, which President George W. Bush acknowledges has tarnished America's image and human rights advocates say has damaged U.S. credibility.

"Everyone is agreed that we need to find a way that eventually leads to the closure of Guantanamo, which is the president's policy decision. It is a very complicated matter," said National Security Council spokesman Gordon Johndroe.

The Supreme Court is expected to rule within weeks whether Guantanamo prisoners have rights under the U.S. Constitution even though they are held on the base in Cuba, where the United States has had a presence for about 100 years.

The court decision could influence whether the government announces plans to close the prison before Bush leaves office in January 2009, several officials said.

"If the Supreme Court concludes that the detainees have constitutional rights, then there would be little legal difference between holding them in Guantanamo or holding them on the (U.S.) mainland," one senior official said.

"It's possible the Supreme Court decision could provide an impetus to a policy decision to close Guantanamo."

'LEGAL BLACK HOLE'

Most of the 270 prisoners now at Guantanamo have been confined for years without charges. More than 500 prisoners have been released, including nine on Thursday.

The government has said it intends to try 60 to 80 of those still in detention under war crimes tribunals.

"We would like to move towards the day when we can eventually close Guantanamo. We do not want to be the world's jailer," said Pentagon spokesman Navy Cmdr. Jeffrey Gordon.

Matthew Waxman, a former senior Defense and State Department official who dealt with detainee policy, has argued strongly for the closure of Guantanamo but he said the Supreme Court's decision could "cut both ways."