But Gonzales said today the administration would propose trying enemy combatants based on military court martial procedures, with a number of key changes.
Those include admitting hearsay evidence, limiting rights against self-incrimination before a trial, and limiting defendants' access to classified information.
Evidence obtained under duress would also be allowed, unless a military judge considers it unreliable, he said.
"We can detain any combatants for the duration of the hostilities," Gonzales told the Senate Armed Services Committee today.
"If we choose to try them, that's great. If we don't choose to try them, we can continue to hold them," he said.
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