President Obama on Wednesday argued that legislation that sets limits on his ability to transfer detainees from the detention facilities in Guantanamo Bay, Cuba, may violate the Constitution, and indicated he may have to implement certain provisions of the bill differently than Congress intended.
Obama made these comments even as he signed the National Defense Authorization Act into law. The bill includes several provisions related to terrorist detainees, an effort by Republicans to keep Obama from successfully closing the detention facilities in Cuba.
In a statement released after he signed the bill, Obama complained that the legislation interferes too much with his duties as president.
“As I have said repeatedly, the executive branch must have the flexibility, with regard to the detainees who remain at Guantanamo, to determine when and where to prosecute them, based on the facts and circumstances of each case and our national security interests, and when and where to transfer them consistent with our national security and our humane treatment policy,” he said.
But he went further by saying some language in the bill could violate the Constitution.
“Under certain circumstances, the provisions in this bill concerning detainee transfers would violate constitutional separation of powers principles,” he wrote. “Additionally, section 1033 could in some circumstances interfere with the ability to transfer a detainee who has been granted a writ of habeas corpus. In the event that the restrictions on the transfer of detainees in sections 1031, 1033, and 1034 operate in a manner that violates these constitutional principles, my administration will implement them in a manner that avoids the constitutional conflict.”
The sections of the law noted by Obama prohibit the government from spending money to transfer or release detainees or moving detainees to certain countries, and also modifying the terms under which prisoners can be released.
“Maintaining this site, year after year, is not consistent with our interests as a nation and undermines our standing in the world,” Obama added. “As I have said before, the continued operation of this facility weakens our national security by draining resources, damaging our relationships with key allies and partners and emboldening violent extremists.”
“It is long past time for the Congress to lift the restrictions it has imposed and to work with my administration to responsibly and safely close the facility, bringing this chapter of our history to a close,” he stated.
The White House has promised for months to send to Capitol Hill its plan for closing the military prison, but given lawmakers’ opposition to doing so, most expect it to be dead on arrival even he does finally submit it.
Obama vetoed an earlier version of the bill that was written before Republicans and Democrats agreed on an overall spending blueprint for the nation this fiscal year, which started Oct. 1.
“The policies in the bill the president signed today are identical to the policies he vetoed on Oct. 22,” House Armed Services Committee Chairman Mac Thornberry, R-Texas, stated after Obama signed the legislation. “The only difference is this bill authorizes $5 billion less for our military. Given recent events, we may all wish we had that $5 billion back to help protect the country.”
The law also requires Obama to present to Congress by mid-February a “strategy for the Middle East and to counter violent extremism,” a provision congressional Republicans played up in the wake of the Nov. 13 Islamic State attacks on Paris.
