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McCain Threatens Court Battle Over Gitmo
Thursday, November 12, 2015 08:51 AM
By: Loren Gutentag
Senate Armed Services Chairman John McCain has threatened a court battle if President Barack Obama tries to end-run Congress and close the U.S. military prison at Guantanamo Bay, Cuba, Politico reports.
“Rumors are that he will act again in an unconstitutional manner,” said McCain, R-Ariz. “I think it’s unconstitutional. I think we’d have to go to court.”
Former White House counsel Gregory Craig and Cliff Sloan, who was special envoy for Guantanamo closure in 2013 and 2014 noted that "the determination on where to hold detainees is a tactical judgment at the very core of the president’s role as commander in chief, equivalent to decisions on the disposition of troops and the use of equipment."
They added, "Under Article II of the Constitution, the president has exclusive authority to determine the facilities in which military detainees are held … Obama has the authority to move forward. He should use it."
While many lawmakers including McCain and newly elected House Speaker Paul Ryan would like to see Obama work with Congress to close Guantanamo Bay, the White House has suggested that "all options are on the table."
House Speaker Paul Ryan said in an interview with Bloomberg TV that Obama “doesn’t have the authority” to close the prison on his own. "The law is the law," Ryan noted. "It's just that clear."
Rep. Mac Thornberry added that if "the administration can come up with a plan that can get some support [from] the American people and their representatives through Congress, then I don’t know of anybody who says Guantanamo has to stay open forever."
The Pentagon is expected to release a report on options for closing the military prison. Many detainees have been sent to other countries already, others are expected to be sent away in the same manner. But key in the debate is what to do with those the U.S. deems too dangerous to free.
