Latest in Guantanamo: Legislation

Guantanamo: Legislation

So What Does the New Republican Majority Mean for National Security Issues In Congress?

The result is no surprise: Republicans now control both houses of Congress---or, at least, they will come January. I'll leave it to others to dissect how we should understand last night's electoral results in political terms, what it means for President Obama, the 2016 election, or the future of American politics. Here I want to focus on a narrower question: What does it mean for the set of issues Lawfare covers? A few years ago, the answer to this question would not have been murky.

Transfers, Releases & Resettlements

Signing Statements, the Commander in Chief Power, and Guantanamo Closure

According to the Wall Street Journal,  the President's people are "drafting options" to bring about Guantanamo's closure, an objective that would require the White House to get around a statutory restriction on transferring GTMO detainees to the United States.
Guantanamo: Legislation

Unilateral Executive Action to Close Guantanamo? Bah!

The estimable Carol E. Lee and Jess Bravin, over at the Wall Street Journal, are reporting this morning that:

The White House is drafting options that would allow President Barack Obama to close the detention facility in Guantanamo Bay, Cuba, by overriding a congressional ban on bringing detainees to the U.S., senior administration officials said.

Detention: Law of: Legislative Development

The Obviously Unconstitutional Cotton Amendment

Among the proposed amendments to the DOD appropriations bill currently under consideration in the House of Representatives is this doozy, courtesy of Arkansas Rep. Tom Cotton:

None of the funds appropriated or otherwise made available by this Act may be used to transfer or release any individual detained at United States Naval Station, Guantanamo Bay, Cuba to the individual’s country of origin or to any other foreign country.

Guantanamo: Prosecutions

Josh Gerstein on Piracy and Terrorism Trials

Over at Politico, Josh Gerstein has an interesting piece on the Ali piracy case, and its potential implications for terrorism cases.  The article---which quotes Jen Daskal and Cully Stimson, among others---opens:

The failed prosecution of an alleged Somali pirate — and the fact that that failure could leave him living freely, and permanently, inside U.S. borders — is highlighting anew the risks of trying terror suspects in American courts.

Guantanamo: Legislation

President Obama Signs 2014 NDAA, Releases Statement on GTMO Provisions

The president's statement today upon signing the 2014 National Defense Authorization Act focuses almost exclusively on the provisions related to the detention facility at Guantanamo Bay. He acknowledges the more flexible transfer provisions, but concludes that they may violate separation of powers principles.

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