Pentagon draws up plans for Gitmo closure

Gates 8220;has asked his team for a proposal on how to shut it down 8212; what would be required specifically to close it and move the detainees from that facility while at the same time, of course, ensuring that we protect the American people from some dangerous characters8221;, Morrell said at a news briefing.

Any plan will likely have to address whether to also abolish the military commission system and, if so, what kind of legal framework can be substituted to put detainees on trial. The US government will have to negotiate homes in third countries for up to 60 detainees who have been cleared for release, but cannot be returned to countries such as Uzbekistan and Libya because of fears they will be tortured.

The next administration will have to find or build appropriate detention facilities in the US and to negotiate with local and state authorities who may not want terrorist suspects housed in prisons in their areas.

Gates has also said recently that legislation may also be required to prevent detainees from seeking asylum in the US. These questions have almost certainly been considered before by the Pentagon.