Guantanamo
Detainee Transfer Restrictions and the Captures Clause of the U.S. Constitution
Ingrid (Wuerth) Brunk Wed, Oct 28, 2015, 7:09 AM
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.