On Dec. 29, President Barack Obama issued Executive Order 13526, setting new standards for how "national security" information is to be kept secret by federal government agencies. The Obama order replaces Executive Order 12958, issued by President Clinton in 1995 and amended by President Bush in 2003. Obama's order makes several significant changes to the policies of the two previous presidents, most notably in the treatment of historical materials more than 25 years old.

The Guantánamo Bay military prison may have to remain open until 2011 to allow an Illinois prison time to prepare for the arrival of the detainees, according to Dec. 23 AP reports. A spokesperson for Senator Dick Durbin (D-IL) said the government's plan to purchase the Thomson Correctional Center and refit it will take months to complete, rendering President Barack Obama's original promise to close the Guantánamo detention facility by January 22, 2010, impossible.

A judge for the US District Court for the District of Columbia on Dec. 16 granted Yemeni Guantánamo Bay detainee Saeed Hatim's petition for habeas corpus, ordering his release. The US Department of Defense alleged that Hatim trained at the al-Farouq paramilitary camp in Afghanistan. Judge Ricardo Urbina's ruling remains sealed, and lawyers have declined to elaborate on his reasoning. A spokesperson for the US Department of Justice said the government is currently considering its options.

A judge for the US District Court for the District of Columbia Dec. 14 denied Yemeni Guantánamo Bay detainee Musa'ab Al-Madhwani's petition for habeas corpus, ruling that the government may continue to detain him. Judge Thomas Hogan excluded from evidence statements made to interrogators, finding them to be the product of abusive techniques, but admitted statements made during military hearings because they were given years after the alleged abuse. Hogan found that while he does not believe that Madhwani poses a threat, the government met its burden of proving that he was a member of al-Qaeda. Madhwani has been detained at Guantánamo since October 2002.

The US Supreme Court on Dec. 14 declined to hear a lawsuit by four UK citizens and former Guantánamo Bay detainees against former US defense secretary Donald Rumsfeld and other military officials. The Court denied certiorari in Rasul v. Myers, leaving in tact a ruling by the US Court of Appeals for the DC Circuit.

The Obama administration asked the US Court of Appeals for the Ninth Circuit in San Francisco to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues. Such lawsuits ask courts to second-guess presidential decisions and pose "the risk of deterring full and frank advice regarding the military's detention and treatment of those determined to be enemies during an armed conflict," Justice Department lawyers said in arguments last week.

The US Department of Justice announced Dec. 9 that Kuwaiti Guantánamo Bay detainee Fouad al-Rabiah has been transferred to the control of the Kuwaiti government. Al-Rabiah, a Kuwaiti national, had been held at Guantánamo Bay for nearly eight years under suspicion of aiding al Qaeda and the Taliban. The transfer came after a judge in the US District Court for the District of Columbia in September granted al-Rabiah's habeas corpus petition and ordered his release. According to the DoJ, the "transfer was carried out under an arrangement between the United States and the government of Kuwait. The United States will continue to consult with the government of Kuwait regarding this individual."

A judge in the US District Court for the District of Columbia Dec. 10 found the US Department of Defense in contempt for failing to videotape the testimony of Yemeni Guantánamo Bay detainee Mohammed al-Adahi. Al-Adahi had petitioned for habeas relief in 2005, which the court granted in August, and Judge Gladys Kessler had directed the DoD to videotape the testimony at the merits hearing in June so that the public and news media could see it. The government failed to comply with that order, claiming it was "due to oversight and miscommunication."