Both Jack Goldsmith and Harold Koh have recently written about the constitutionality of congressional restrictions on the transfer of prisoners. The President’s veto last week of the NDAA was based in part on his objection to the restrictions it places on such transfers.
Latest in Brown v. United States
Ingrid Wuerth Wed, Oct 28, 2015, 7:09 AM
A Weak Case For the Unconstitutionality of the Detainee Transfer Restrictions (and a Glance at the Bigger Picture)
Jack Goldsmith Mon, Oct 26, 2015, 9:25 AM
Harold Koh's recent arguments for the unconstitutionality of the GTMO transfer restrictions ignore most of the hard issues.