‘Against The Law’ – Bringing Gitmo Terrorists To U.S.

Obama Cabinet Officials Agree: ‘The Law Currently Does Not Allow’ Transfers Of Guantanamo Detainees To The U.S.


‘Audacious Executive Action’ Threatened On GITMO

WHITE HOUSE CHIEF OF STAFF DENIS McDONOUGH: “We’ll do audacious executive action throughout the course of the year — I’m confident about that.” (“President Obama May Require Federal Contractors To List Campaign Gifts,” The New York Times, 1/19/16)

  • McDONOUGH: “We will close Gitmo ... That's what the president will do.” (Fox News’ “Fox News Sunday,” 1/10/16)

SUSAN RICE: National Security Adviser: ‘I can tell you we’re going to die trying’ “‘I can’t say with certainty that we’re 100 percent going to get there, but I can tell you we’re going to die trying,’ said Susan Rice, Obama's national security adviser, in an interview.” (“Obama's Counterterrorism Chief Takes Fresh Stab At Closing Guantanamo,” Reuters, 11/4/15)



“Congress OKs bill banning Guantanamo detainees from US” (“Congress Oks Bill Banning Guantanamo Detainees From US,” The Associated Press, 11/10/15)

  • “…if Obama goes it alone, he would do so in defiance of laws passed by Congress that explicitly bar him from transferring Guantánamo detainees into the country. …the executive action would violate the letter of the law just like the controversial deal for Sgt. Bowe Bergdahl, which involved Obama releasing five detainees from Guantánamo. The Government Accountability Office (GAO) later found that Obama broke the law by not informing lawmakers of that transfer 30 days in advance.” (“Obama May Reach The Limit Of His Powers On Guantánamo,” The Hill, 11/13/15)

SEC. OF DEFENSE ASH CARTER: “So if we're going to close Gitmo ... We need to find another place. That would have to be in the United States. ...  I've made a proposal for the president and he has indicated that he's going to submit that to the Congress. Why is that? Because it's against the law now to establish another detention facility. So therefore we have to get the support of Congress.” (CNN’s “Fareed Zakaria GPS,” 1/24/16)

ATTORNEY GENERAL LORETTA LYNCH: “At this point in time, I believe the current state of the law is that individuals are not transferred from Guantanamo to U.S. shores.  That position is reiterated by the legislation that you mentioned, and my understanding is, as you indicated, is that I do believe the president has indicated that he would sign that.  Certainly it is the position of the Department of Justice that we would follow the law of the land in regard to that issue.” (U.S House Of Representatives, Committee On Judiciary, 11/17/15, Minute 44:30)

SENATE DEMOCRATS: ‘He's Going To Have To Comply With The Legal Restrictions’

SEN. BEN CARDIN (D-MD): ‘He's going to have to comply with the legal restrictions’ “Sen. Ben Cardin (D-Md.) had more direct advice for the administration, saying that while he supports closing Guantanamo ‘there's some restrictions in the NDAA concerning that. He's going to have to comply with the legal restrictions.’” (“Obama May Reach The Limit Of His Powers On Guantánamo,” The Hill, 11/13/15)

SEN. MICHAEL BENNET (D-CO): “The Department of Defense has no authority to transfer these prisoners or make such modifications and they have made no case that it makes sense to do so.” (“U.S. Officials Consider Colorado Prisons For Gitmo Detainees,” Denver Post, 10/2/15)


SEC DEF: ‘There Are People In Gitmo Who Are So Dangerous That We Cannot Transfer Them’

SEC. OF DEFENSE ASH CARTER: “[T]here are people in Gitmo who are so dangerous that we cannot transfer them to the custody of another government no matter how much we trust that government. I can't assure the president that it would be safe to do that. ... We're not going to be able to close Gitmo by magically making safe everybody who's in there.” (CNN’s “Fareed Zakaria GPS,” 1/24/16)

“A hardened Al Qaeda fighter who served as Usama bin Laden's jack-of-all-trades before spending a decade at Guantanamo Bay made a military prosecutor's prophecy come true when he resurfaced on the field of battle in Yemen, where he is one of the terror group's top leaders.” (“Prophecy Realized: Ex-Gitmo Detainee, UBL Aide Resurfaces On Battlefield In Yemen,” Fox News 12/10/15)

“The Office of the Director of National Intelligence (ODNI) has released its latest statistics on the number of former Guantanamo detainees who are either confirmed or suspected of returning to the fight. … The ODNI says that a total of 196 ex-Gitmo detainees, or 30 percent of the 653 total detainees transferred or released, are now either confirmed or suspected of reengaging. The number of confirmed recidivists (117) outnumbers those on the suspected list (79). The figures are current as of July 15, 2015.” (“More Than 100 Ex-Gitmo Recidivists At Large,” The Weekly Standard, 9/4/15)



Related Issues: National Security, Al Qaeda, Guantanamo Detention Facility, War on Terror