From the WH
Fact Sheet (PDF)
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In recent months, some in Congress have sought to undermine this process. In December, Congress enacted restrictions on the prosecution of Guantanamo detainees in Federal courts. The Administration opposes these restrictions as a dangerous and unprecedented challenge to Executive authority to select the most effective means available to bring terrorists to justice and safeguard our security. The Executive Branch possesses the information and expertise necessary to make the best judgment about where a particular prosecution should proceed, and Congress’s intrusion upon this function is inconsistent with the long-standing and appropriate allocation of authority between the Executive and Legislative branches.
Time and again, our Federal courts have delivered swift justice and severe punishment to those who seek to attack us. In the last two years alone, federal prosecutors have convicted numerous defendants charged with terrorism offenses, including those who plotted to bomb the New York subway system; attempted to detonate a bomb in Times Square; and conspired in murderous attacks on our embassies abroad. These prosecutions have generated invaluable intelligence
about our enemies, permitted us to incapacitate and detain dangerous terrorists, and vindicated the interests of victims – all while reaffirming our commitment to the rule of law. Spanning multiple administrations, Republican and Democratic, our Federal courts have proven to be one of our most effective counterterrorism tools, and should not be restricted in any circumstances.
Military commissions should proceed in cases where it has been determined appropriate to do so. Because there are situations, however, in which our federal courts are a more appropriate forum for trying particular individuals, we will seek repeal of the restrictions imposed by Congress, so that we can move forward in the forum that is, in our judgment, most in line with our national security interests and the interests of justice.
We will continue to vigorously defend the authority of the Executive to make these well-informed prosecution decisions, both with respect to those detainees in our custody at Guantanamo and those we may apprehend in the future. A one-size-fits-all policy for the prosecution of suspected terrorists, whether for past or future cases, undermines our Nation’s counterterrorism efforts and harms our national security.
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The ACLU's current
statement:
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“The best way to get America out of the Guantánamo morass is to use the most effective and reliable tool we have: our criminal justice system. Instead, the Obama administration has done just the opposite and chosen to institutionalize unlawful indefinite detention – creating a troubling ‘new normal’ – and to revive the illegitimate Guantánamo military commissions.
“While appearing to be a step in the right direction, providing more process to Guantánamo detainees is just window dressing for the reality that today’s executive order institutionalizes indefinite detention, which is unlawful, unwise and un-American. The detention of Guantánamo detainees for nine years without charge or trial is a stain on America’s reputation that should be ended immediately, not given a stamp of approval. Moreover, the procedures for providing more process are flawed as they vest too much discretion and power in the Secretary of Defense, essentially asking the fox to guard the hen house.
“Even with recent improvements, the military commissions rules are inadequate under established criminal law and international law. Where credible evidence exists against Guantánamo detainees, they should be charged and prosecuted in our federal courts, which have a proven record of prosecuting terrorism suspects and are the only way to provide the fair and reliable outcomes that Americans deserve.
“The only way to restore the rule of law is to put an end to indefinite detention at Guantánamo and the broken commissions system, and to prosecute terrorism suspects in federal criminal courts. Today’s announcement takes us back a step when we should be moving forward toward closing Guantánamo and ending its shameful policies.”
The ACLU's past
statement on the Congress' actions:
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“President Obama is correct that Congress should not be attempting to bar the administration from using government funds to transfer Guantánamo detainees to U.S. soil for prosecution or to transfer them to foreign countries for repatriation or release.
“But even with today’s signing of the Defense Authorization Act, President Obama still has the ability to transfer Guantánamo detainees away from the notorious prison. There is nothing stopping the president from ordering the Department of Justice or Homeland Security to send planes to Guantánamo to transfer detainees to the United States for prosecution or to foreign countries for repatriation or resettlement, and he should do so as soon as possible.
“The unlawful detention of Guantánamo detainees for almost nine years without charge or trial is a stain on America’s reputation and should be ended immediately. If the government believes there is credible evidence against Guantánamo detainees, it should bring those detainees to the U.S. for prosecution in the American justice system. Our criminal justice system has a successful history of prosecuting hundreds of terrorism cases while both protecting national security interests and upholding constitutional rights. Where no credible evidence exists, detainees should be transferred to countries where they will be safe.
“Guantánamo must be closed as soon as possible and we must put an end to the unlawful policies that have been carried out there. It is high time to restore the rule of law.”
I don't agree with this: "There is nothing stopping the president from ordering the Department of Justice or Homeland Security to send planes to Guantánamo to transfer detainees to the United States for prosecution or to foreign countries for repatriation or resettlement, and he should do so as soon as possible."
Congress and the states have not been cooperative, as the statement mentions. As for sending them to foreign countries, that also requires cooperation and there are other human rights issues involved. This is a mess.
It's still completely unclear why Congress is standing in the way of this.
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