From the WaPo:
The Obama administration, fearing a battle with Congress that could stall plans to close Guantanamo, has drafted an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely, according to three senior government officials with knowledge of White House deliberations.
Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that bypassing Congress could place the president on weaker footing before the courts and anger key supporters, the officials said.
After months of internal debate over how to close the U.S. military prison at Guantanamo Bay, Cuba, White House officials are growing increasingly worried that reaching quick agreement with Congress on a new detention system may prove impossible. Several officials said there is concern in the White House that the administration may not be able to close the facility by the president’s January deadline.
So let me see if I have this right.
Writing an Executive Order to halt DADT, which would prevent people losing their jobs from … losing their jobs — Bad.
Writing an Executive Order fucking up our legal system even more due to politics — Good.
I always take WaPo analysis with a grain of salt, but no matter what, this is fucked up.
UPDATE (h/t to mcjoan). From Marc Ambinder at the Atlantic, an administration denial (emphasis in original):
(Update: An administration official, speaking on the condition of anonymity, flatly denied the report to me. “There is no executive order. There just isn’t one.”)
This is the second time there’s been rumors of Obama signing an executive order like this, the first one about keeping the torture pics from being released, and that one has not been confirmed either. If as mcjoan says, this is a trial balloon, the sooner shot down the better.