President Obama’s chief prosecutor may have just ruined his Plan B when it comes to closing Guantanamo Bay.
Appearing before the House Judiciary Committee Tuesday, Attorney General Loretta Lynch signaled that the Department of Justice would oppose a maneuver by the administration to shut down the military prison camp through executive order.
“It’s the position of the Department of Justice that we would follow the law in regard to that issue,” Lynch told the committee, referring to defense policies signed into law that prevent detainees from being transferred to the United States.
The White House, despite signing the transfer restrictions into law, has suggested that they are unconstitutional; in violation of the President’s war powers.
The Attorney General, however, said that “only very rarely would we take the step of finding that an unconstitutional provision was something we could not manage.”
President Obama is expected to sign a new National Defense Authorization Act (NDAA) into law that maintains the restrictions at the prison. At the same time, the administration is also reviewing a Guantanamo closure plan prepared by the Pentagon. The White House hopes to submit the proposal to Congress in exchange for the lifting of the transfer bans.
Should Congress reject the plan, the administration said it hasn’t taken executive action off the table to unilaterally close the prison and bring remaining detainees to a new facility stateside. Department of Defense scout teams are currently reviewing potential sites.
Lynch’s comments Tuesday, however, could complicate the Executive Order option, politically speaking.
“The law currently does not allow for that,” she said. “And that is not, as I’m aware, going to be contemplated given the legal prescriptions.”
Last week, Senate Armed Services Committee Chairman Sen. John McCain (R-Ariz) said that he “would want to go to court” if President Obama defied Congress and closed Guantanamo by way of Executive Order.
Over the weekend, the Pentagon announced the transfer of five detainees out of the facility to the United Arab Emirates, bringing the total prisoner population down to 107.
