Marc Thiessen reports that, in fact, the CIA still has "detention authority."
A CIA spokesman recently denied claims the agency was holding prisoners at its Benghazi annex, declaring:
The CIA has not had detention authority since January 2009, when Executive Order 13491 was issued. Any suggestion that the Agency is still in the detention business is uninformed and baseless.
This last part of that statement may (unfortunately) be true, but the first part is simply incorrect.
There is no evidence that the CIA was in fact holding any prisoners in Benghazi (and, quite frankly, the agency is so traumatized by what it has been put through under the Obama administration, I’d be shocked if they were). But the CIA does in fact have authority to hold prisoners — even under the executive order issued by President Obama.
While Executive Order 13491, signed on January 22, 2009, orders the closure of all CIA detention facilities (aka “Black Sites”), Section 2(g) specifically states:
The terms ‘detention facilities’ and ‘detention facility’ in section 4(a) of this order do not refer to facilities used only to hold people on a short-term, transitory basis.