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Congress has used its spending oversight authority both to forbid the White House from financing trials of Guantánamo captives on U.S. soil and to block the acquisition of a state prison in Illinois to hold captives currently held in Cuba who would not be put on trial -- a sort of Guantánamo North. The current defense bill now before Congress not only reinforces these restrictions but moves to mandate military detention for most future al Qaeda cases unless the president signs a waiver. The White House withdrew a veto threat on the eve of likely passage Wednesday, saying the latest language gives the executive enough wiggle room to avoid military custody.
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