Detention & Guantanamo
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
I noted earlier this year that the administration might be building a foundation for a constitutional argument to disregard congressional transfer restrictions as a basis for closing GTMO. Last week Harold Koh used the President’s message in connection with his NDAA veto as an occasion to add to that foundation.