Obama to re-institute military tribunals

Two senior officials tell Fox that on Friday, President Obama will re-institute the military tribunals he initially put on hold, but refused to confirm an Associated Press report that 10-20 detainees in custody at Guantanamo Bay will be subject to these trials.

One official said the 10-20 number is "wrong" because prosecutors "have not made decisions" about how many detainees may be subject to military tribunals. Another official said the tribunal will not resemble those set in motion during the Bush years because detainees will have additional legal protections - specifically more freedom to select their lawyers, block the use of evidence obtained through coercion, and limit the use of hearsay evidence.

Obama supported these changes while in the Senate and officials say he will insist on these protections in re-started military tribunals. Administration officials say this is a key difference with the Bush approach and Obama should not be open to criticism for reviving the Bush approach to prosecuting suspected terrorists. These are changes to the Military Commissions Act that Obama unsuccessfully sought during congressional debate on the act in 2006.

The continuation of military commission proceedings, the officials said, is designed to obtain "swift and certain justice" that Obama lawyers believe can withstand judicial scrutiny.

Prosecutors are reviewing a number of cases in which the re-instated military commissions could be used. Under the new rules of evidence, the number of detainees subject to this approach may well be larger than the 13 detainees already identified as likely candidates.

Administration officials, however, refused to speculate on the precise number of cases that will be adjudicated in military commissions.