Latest in Transfers, Releases & Resettlements

Detention & Guantanamo

What Might Congress Do To Stop the Obama Administration From Disregarding Congressional Transfer Restrictions In the Course of Closing GTMO?

Last week I explained how the Obama administration might extend it constitutional arguments for disregarding statutory detainee transfer restrictions in the Bergdahl context to the restrictions on transferring GTMO detainees to the United States.  (Earlier today I elaborated on these arguments.)

Some people questioned this passage in my post last week:

As far as I can tell Congress as an institution h

Transfers, Releases & Resettlements

More on the Legal Basis for the Administration’s Disregard of Congressional Restrictions on Detainee Transfers in the Bergdahl Context, and on the Implications for Closing GTMO

Last summer I wrote of the administration’s constitutional arguments for disregarding congressional transfer restrictions in swapping the Taliban 5 for Bowe Bergdahl:

To say that the President disregarded a federal statute because he interpreted it in the emergency context before him to impinge upon Article II is not at all to say that the President acted wrongly or unlawfully.  It’s actually quite a hard legal issue, with few real precedents.

And last week I

Transfers, Releases & Resettlements

Statement of GTMO Special Envoy at Yesterday's HASC hearing on Guantanamo Bay

Yesterday, the House Armed Services Committee (HASC) Subcommittee on Oversight and Investigations received an "Update on Detainee Transfers from GTMO."

You can read the testimony of the Department of Defense's Special Envoy for Guantanamo Detention Closure, Paul M. Lewis, here.

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