Obama calls on Congress to do more on Guantanamo Bay
Source: Reuters
Obama calls on Congress to do more on Guantanamo Bay
5:30 p.m. EST, December 26, 2013
HONOLULU (Reuters) - President Barack Obama on Thursday gave credit to Congress for relaxing restrictions on transferring detainees from the U.S. prison at Guantanamo Bay, Cuba, to the custody of foreign governments but said lawmakers need to go further.
After signing the National Defense Authorization Act for fiscal 2014, Obama noted that Congress retained regulations that prevent the transfer of prisoners to American soil, where they could be tried in federal court.
"The executive branch must have the authority to determine when and where to prosecute Guantanamo detainees," Obama said in a signing statement released during his Hawaiian vacation.
Prosecuting alleged terrorists in U.S. federal court is "a legitimate, effective, and powerful tool in our efforts to protect the nation," Obama said.
The United States also needs "flexibility, among other things, to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers," Obama said.
The regulations could remain an obstacle to the administration's years-long bid to close the Guantanamo Bay prison, where 158 detainees from various countries remain after years of detention without trial at the U.S. Naval Base in Cuba. The prison has been condemned internationally.
Read more: http://www.courant.com/news/politics/sns-rt-us-usa-obama-defense-20131226,0,2593934.story
WowSeriously
(343 posts)It's how Bush legalized torture and how you legalized droning.
merrily
(45,251 posts)He is Commander in Chief and Chief Executive. Besides, he has unlimited pardon power. Surely he can do something far less than a pardon, namely release prisoners that were cleared years ago, meaning they should never have been arrested in the first place.
He also has Constitutional power over foreign relations. Congress has power over commerce with foreign nations, but I don't think releasing a prisoner that we arrested wrongfully to a foreign nation amounts to commerce with a foreign nation.
BumRushDaShow
(129,053 posts)and money is what is required to do any mass prisoner or personnel transfers or base decommissions and closures (the scope of which currently far exceeds the funding provided for existing authorized functions). The Executive branch has no authority to spend for activities not specifically authorized by Congress in appropriations legislation. Doing such would result in a violation of the Antideficiency Act. But you knew that, right? Unless you believe that jet or ship fuel is free and personnel will volunteer to do the transport without pay and the Antideficiency Act is just a goddam piece of paper?
merrily
(45,251 posts)I have more than a feeling there is enough money in the budget of the Executive Branch, including the military budget, for a few flights and also enough leeway in the line items in the budget. Jet fuel, give me a break.
BumRushDaShow
(129,053 posts)It's about how the money is designated to be used. This the same principle behind Congress "defunding" the Vietnam War by not authorizing spending for various operations. When they write these appropriations bills, they will also often explicitly indicate what the funding cannot be used for and sadly with this Guantanamo Bay issue, this is what has happened in the past. For example, see this - http://thehill.com/homenews/house/61549-congress-uses-spending-bills-to-halt-gitmo-closing
It's sad how much DU is completely ill-informed about how the budget and appropriations process works.
merrily
(45,251 posts)The bit about leeway in the line items referred to authorization. The budget is not a specific as you say.
BumRushDaShow
(129,053 posts)and yes most of the appropriations bills have portions that are very specific as to what the funding should and should not be used for... particularly for hot-button issues such as this.
For example - CR for FY12
112th Congress (2011-2012)
(Sec. 8119) Prohibits any federal funds from being used to transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who is not a citizen or member of the Armed Forces and is or was held by DOD on or after June 24, 2009, at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).
http://beta.congress.gov/bill/112th/house-bill/2055
Fortinbras Armstrong
(4,473 posts)If they have been tortured, then anything they say subsequently cannot be admissible. See Brown v. Mississippi, 297 U.S. 278 (1936)
merrily
(45,251 posts)Fortinbras Armstrong
(4,473 posts)If Khalid Sheikh Mohammed had not been repeatedly waterboarded, he probably could have been tried for involvement in 9/11. But since he was tortured, again and again, he probably cannot.