We only request that detention issues not be included in the lesson plans.

Again, the Rasul case did not directly address the detention issue, and any hearings would be limited to the determination of enemy combatant status.

The detention issues also carry an emotional punch.

Ms. Rice, her associates say, had warned Mr. Rumsfeld to focus to detention issues, but he often sent subordinates to meetings on the subject.

"Not because it deals with the detention issue directly, but because it removes the argument that soon there would be more legal process there."

Another reason that was put forward by Jayakumar to justify a limited role by the judiciary was that the judicial process is unsuitable for deciding preventive detention issues.

National governments are responsible for detention issues and prison management, but the Commission's role is to make sure that judicial cooperation works and fundamental rights of all citizens are upheld.

The internal debate over detention issues that began within weeks after the terrorist attacks of Sept. 11, 2001, has come to light before.

Two other officials who had worked extensively on detention issues during Mr. Bush's first term also participated in the drafting of the memorandum, officials said.

Interagency meetings on the detention issue with officials just below the cabinet level went around and around for months, officials said.