Rep. Jeff Duncan, R-S.C., has offered a resolution authorizing House Speaker Paul Ryan, R-Wis., to initiate a lawsuit against President Obama if he decides to transfer terrorist suspects at Guantanamo Bay in violation of the law.
The resolution comes as the GOP fears that Obama may be thinking of moving detainees to the U.S. in violation of current law. The White House outlined its proposal this week to move some remaining detainees to the U.S., even as members of both parties have objected.
Duncan’s resolution says a lawsuit could be pursued in an effort to obtain “appropriate relief” from any such move by Obama. That relief could be a declaratory judgment that Obama acted against federal law, a temporary restraining order, or preliminary or permanent injunctions.
Under the resolution, Ryan would have to notify the House once a decision is made to initiate or intervene in a lawsuit.
The possibility of a suit against Obama is real. House Speaker John Boehner last year filed a suit against Obama over his relaxed interpretation of how to implement the law establishing Obamacare. And on Wednesday, Ryan himself indicated that he is preparing the for possibility of legal action.
“We are taking all the legal preparations necessary to meet with that resistance,” Ryan said. “He can’t do it and the law is really clear.”
Read Duncan’s resolution here:
