President Donald Trump may order a review that could lead to bringing back a CIA programme for holding terrorism suspects in secret overseas “black site” prisons where interrogation techniques often condemned as torture were used, two U.S. officials said on Wednesday.

The black sites were used to detain suspects captured in President George W. Bush’s “war on terrorism” after the Sept. 11, 2001, attacks and were formally closed by former President Barack Obama.

Any return to the Bush administration’s initial anti-terrorism tactics – including secret prisons and interrogation methods considered torture under international law – would likely alienate key U.S. allies in the fight against militant groups like al Qaeda and Islamic State.

The officials said Trump is expected to sign an executive order in the next few days. It would call for a high-level review into “whether to reinitiate a programme of interrogation of high-value alien terrorists to be operated outside the United States” and whether the CIA should run the facilities, according to a copy of the draft published by the Washington Post.

Reuters could not independently verify the document.

Trump administration spokesman Sean Spicer said the draft was not a White House document. The draft published by the Washington Post appeared to have sections missing, suggesting that it may not have been a full version ready for Trump to sign.

U.S. House of Representatives Speaker Paul Ryan said the Trump administration did not write the document.

“My understanding is this was written by somebody who worked on the transition before who’s not in the Trump administration. This is not a product of the administration,” Ryan said in an interview with MSNBC.

Aides to Obama said during his tenure that his prohibition against torture and efforts to close the Guantanamo prison in Cuba helped increase counterterrorism cooperation from U.S. allies in the Arab world.

The now-defunct programme’s practices dubbed enhanced interrogation techniques – which included simulated drowning, known as waterboarding – were criticized around the world and denounced by Obama and other senior U.S. officials as torture.

The document ignited a bipartisan outcry in Congress. Many people in U.S. intelligence agencies and within the military are opposed to reopening the harsh interrogation programme, according to multiple serving officers.

“The President can sign whatever executive orders he likes. But the law is the law. We are not bringing back torture in the United States of America,” Senator John McCain, a Republican who underwent torture as a prisoner of war in Vietnam, said in a statement.

The CIA black sites were located in Poland, Lithuania, Romania, Thailand and Afghanistan.

In 2006, Bush ended the use of harsh interrogation techniques and closed all the black sites except for one in Kabul.

Asked whether he wants waterboarding as president, Trump answered in an interview with ABC News: “I will rely on (CIA director Mike) Pompeo and (Defense Secretary James) Mattis and my group. And if they don’t want to do it, that’s fine. If they do want to do it, then I will work toward that end,” Trump said.

“I want to do everything within the bounds of what we’re allowed to do if it’s legal. If they don’t want to do it, that’s fine. Do I feel it works? Absolutely I feel it works.”

Mattis and Pompeo had not been aware such plans were in the works, according to a congressional source.

KEEP GUANTANAMO OPEN

Trump’s draft order would authorise a review of interrogation techniques that U.S. officials could use on terrorism suspects, keep open the detention centre at the U.S. naval base in Guantanamo Bay, Cuba, and send new prisoners there.

Trump’s draft also revokes directives by Obama to grant the International Committee of the Red Cross access to all detainees in U.S. custody and restrict interrogation methods to those in a U.S. Army field manual.

Trump vowed during the 2016 election campaign to resume waterboarding and a “hell of a lot worse” because even if torture does not work, “they deserve it anyway.”

He has said he wanted to keep Guantanamo open and “load it up with some bad dudes.”

Of the 41 prisoners left at Guantanamo, 10 face charges in war-crimes proceedings known as military commissions, including Khalid Sheikh Mohammed, accused mastermind of the Sept. 11, 2001, attacks, and his alleged co-conspirators. Bush established the military commissions, which Obama later changed.

The draft order said, “No person in the custody of the United States shall at any time be subjected to torture, or cruel, inhuman or degrading treatment or punishment, as proscribed by U.S. law.” It does not mention international laws to which the United States is a signatory that prohibit torture.

Congress passed the National Defense Authorization Act in 2015, which reaffirmed a prohibition on torture and required U.S. interrogators to adhere to techniques in the Army field manual.

However, the Justice Department under Trump could issue an interpretation of U.S. law that allows for the use of harsh interrogation techniques as occurred in the “torture memos” drafted under the Bush administration in 2002 and subsequently withdrawn.

Despite the killing of al Qaeda leader Osama bin Laden during Obama’s presidency, the dramatic spread of groups like Islamic State has exacerbated the threat from violent Islamist organizations.

In a statement accompanying the draft order, the administration criticizes Obama’s policies, saying, “The United States has refrained from exercising certain authorities critical to its defence.” But it acknowledges that the National Defense Authorization Act “provides a significant statutory barrier to the resumption of the CIA interrogation program.”

“WORRISOME”

Human rights groups decried any attempt to bring back the black sites.

“This is an extremely disturbing and outrageous attempt to open the door again to systematic torture and secret detention. This is the Trump administration making good on its most worrisome comments during the campaign,” said Naureen Shah, Amnesty International USA’s director of national security and human rights.

Critics say a return to harsh interrogations would enflame tensions in Muslim countries and be counterproductive.

In the draft document, references to the “global war on terrorism” were edited and replaced with the phrase “fight against radical Islamism,” reflecting language Trump often uses.

A former senior U.S. intelligence official, who requested anonymity, said many CIA officers would oppose reinstatement of black site interrogations, in part because they were forced to obtain lawyers after the withdrawal of the Justice Department memos that legalized the harsh techniques.

“People felt they were hung out to dry,” the former official said. “There is a lack of trust there.”

Moreover, he said, it would be extremely difficult to persuade other governments to allow the CIA to establish secret prisons on their soil.

“Where are you going to do this?” he asked. “How many countries are going to jump back into the U.S. lap?

Trump’s order, if enacted, could put new CIA Director Pompeo in a tight spot given that his workforce, according to multiple serving officers, largely opposes reinstating the black sites programme. It could also complicate the confirmation of Trump’s nominee for the job of director of national intelligence, former U.S. Senator Dan Coats.

As a conservative Republican congressman from Kansas, Pompeo defended the CIA’s use of harsh interrogation techniques, arguing that they produced useful intelligence.

During his confirmation hearing for CIA director, he pledged he would “absolutely not” reinstate those methods. Yet in written responses to questions from Senate Intelligence Committee members, he appeared to leave the door open to restoring them.

“If experts believed the current law was an impediment to gathering vital intelligence to protect the country, I would want to understand such impediments and whether any recommendations were appropriate for changing current law,” Pompeo wrote.

The Pentagon has sent nine Yemeni men to Saudi Arabia from the U.S. military prison at Guantanamo, including an inmate who had been on a long-term hunger strike, U.S. officials said on Saturday, the latest step in President Barack Obama’s final push to close the facility.

The group was the largest shipped out of the U.S. naval base in Cuba since Obama rolled out his plan in February to shut the controversial detention centre there before he leaves office in January 2017.

With the latest departures, there are now 80 prisoners at Guantanamo, most held without charge or trial for more than a decade, drawing international condemnation.

The most prominent of the latest transfers was Tariq Ba Odah, a 37-year-old Yemeni whom the military had been force-feeding daily since he went on a hunger strike in 2007 and had been reported to have lost half his body weight.

His case was source of frequent legal wrangling between the U.S. Department of Justice and his lawyers, who had unsuccessfully sought his release on humanitarian and medical grounds.

Obama wants to make good on his long-time pledge to empty the Guantanamo prison before the end of his presidency. But he faces stiff opposition from many Republican lawmakers, as well as some fellow Democrats.

The transfers, which followed lengthy diplomatic efforts between Washington and Riyadh, took place as Obama prepared to attend a summit of Gulf Arab allies in Saudi Arabia on Wednesday.

The other prisoners involved in the transfer were identified as: Umar Abdullah Al-Hikimi, Abdul Rahman Mohammed Saleh Nasir, Ali Yahya Mahdi Al-Raimi, Muhammed Abdullah Muhammed Al-Hamiri, Ahmed Yaslam Said Kuman, Abd al Rahman Al-Qyati, Mansour Muhammed Ali Al-Qatta, and Mashur Abdullah Muqbil Ahmed Al-Sabri.

They were among a group of low-level inmates, now numbering 26, who have been cleared for transfer by a U.S. government inter-agency task force. U.S. officials have said they expect to move out all members of that group by this summer, sending them to their home countries or other nations.

Obama’s plan for shuttering the facility calls for bringing the several dozen remaining prisoners to maximum-security prison in the United States. U.S. law bars such transfers to the mainland – and Congress has shown no willingness to revoke it – but Obama has not ruled out using executive action to move the detainees.

Faith Matters warmly welcomes the release of Shaker Aamer after 14 long years. Many of them were spent in the legal black hole that is Guantanamo and it is clear that the long periods of solitary confinement have also had an impact on his mental and physical health.

Yet, it should never have come to this given that Aamer was cleared for release in 2007. It has taken a further 7 years for his actual release and now that he is back in the UK, no doubt questions will again be raised as to the possible complicity of UK intelligence services in the torture of Aamer. Only time will tell whether these allegations are true or not.

Guantanamo Bay should have been shut down a long time ago and President Obama’s political assertions that he would close the site down, have come to nothing. The site still continues to operate albeit in a scaled down manner when compared to the Bush period in office. However, what cannot be denied is that many see Guantanamo as a relic of the past, a period of time when the ‘War on Terror’ was in full swing.

According to Dick Cheney, the former Vice President in the Bush administration, ‘the worst of the worst‘ were being held in Guantanamo. That view is not accepted by some today and the example of Aamer counters this view given that he was not charged and that he has sat in legal limbo for over a decade. The incarceration of individuals in Guantanamo without any charges being laid against them has been unacceptable and due process should have been carried out many years ago. Instead, many individuals like Aamer were forgotten and left incarcerated in the hole of Guantanamo.

We hope over time, we can close the dark chapter that is Guantanamo . The last decade has been a difficult one for many communities and we hope that the future provides hope and peace and stability for us all.