In Case You Missed It: Post & Courier: Editorial: Congress’ Gitmo Warning
“Obama cannot legally transfer prisoners from Guantanamo to the United States over the opposition of Congress


EDITORIAL: Congress’ Gitmo warning
Post & Courier
November 12, 2015

Congress sent the president a military policy bill Tuesday with an unequivocal message: Do not transfer any terrorist prisoners from the Guantanamo Naval Base in Cuba to the United States. The House vote last week was a veto-proof 370-58. The Senate vote, at 91-3, was even more emphatic.

But the White House has promised to keep pushing for the closure of the prison for enemy combatants at Guantanamo.

The New York Times reports that the administration is developing plans to send 53 prisoners to other countries — and to house 61 of them in federal prisons in the United States before President Obama leaves office.

Presidential spokesman Josh Earnest said Congress has expressed opposition to such ideas before and that they do not have any “material impact” on administration planning.

In recent weeks the administration has looked at the Hanahan Navy Brig, an Army prison at Fort Leavenworth, Kan., and federal and state prisons in Colorado as possible sites for the transferred detainees.

Mr. Earnest, however, said the president will ask Congress to allow him to close the base and transfer its remaining prisoners.

But it is highly probable that Congress will reject any plan for closing Guantanamo the president puts forward. Indeed, Congress did just that with the Senate vote Tuesday.

But as Mr. Ernest hinted, that doesn’t end the matter. Mr. Obama has used executive orders to circumvent Congress on a number of occasions, for example, changing the effective date of some provisions of the Affordable Care Act and, most notably, in proposing a massive amnesty program for illegal aliens that has been suspended by federal courts in an ongoing challenge to its constitutionality.

Based on this record, it would not be surprising for the president to issue an executive order closing Guantanamo. On immigration Mr. Obama declared that he had given Congress an opportunity to act and because it failed to do so, he was changing the law himself.

Sen. Tim Scott, R-S.C., warned of this possibility in a statement praising Congress for banning the transfer of dangerous terrorists to U.S. prisons. 

He urged Mr. Obama to “stop playing politics” over Guantanamo and said, “It is absolutely mind boggling that the president continues to ignore the will of the American people and overwhelming votes in Congress to bar the transfer of these dangerous terrorists to domestic soil. Congress has acted — just because the President doesn’t like the answer does not mean he can ignore it.”

In a column on our Commentary page today, John Barnes, former head of the Navy Corrections Branch, convincingly details why moving the prisoners to the Navy Brig here would be a terrible idea. 

Mr. Obama cannot legally transfer prisoners from Guantanamo to the United States over the opposition of Congress.

He should leave it to his successor to find a way to solve the thorny problem of what to do with the dangerous prisoners housed there.

You can read article here. 

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