Obama Follows Advice of Rumsfeld's Lawyer http://warisacrime.org/content/obama-follows-advice-rumsfelds-lawyer

Eight years ago, Donald Rumsfeld asked Jim Haynes whether they should seek new legislation on detainee treatment "so we get off the hook legally." Rumsfeld's request and Haynes' response are here: PDF. Haynes admitted that legislation could "reduce arbitrariness" but warned that by asking for legislation a precedent would be set for future presidents.

In addition, Haynes cautioned, legislation might "limit the President's ability . . . to gather intelligence from those detained at GTMO."Haynes urged an approach of legislation lite: "The Department could adopt a plan for the periodic review of the need for continued detention of those individuals detained at GTMO, which could reduce any arbitrariness present in the current system. The appearance of arbitrariness could be reduced through making that plan public, to the maximum practicable."