From NBC's Pete Williams
In a concession to his inability to close down the U.S. detention facility at Guantanamo Bay as he planned to do when he came into office, President Obama has ordered the Pentagon to resume military tribunals for some detainees there.
Since Obama became president, no NEW cases were referred to military tribunals, but some existing cases were proceeding. This order lifts the freeze and allows new cases to be brought.
However, the policy makes clear that the administration continues to believe that some cases should be tried in civilian U.S. courts. This new policy today does not mean that ALL detainees at Gitmo will be tried in military commissions.
In other words, the administration continues to believe that Khalid Sheikh Mohammed and other high-value detainees should be tried here, not at Gitmo, and it will continue pushing Congress to change a recently enacted law which bars bringing any further detainees to the U.S. for trial. However, if Congress is unwilling to budge, then this new policy opens up an avenue for putting Khalid Sheikh Mohammed on trial before a military commission, if it comes to that.