The President and his top lawyer are in disagreement over a proposal to tweak US criminal procedure to facilitate the closure of the military prison camp at Guantanamo Bay.
Attorney General Loretta Lynch has twice objected to attempts by the White House to allow Gitmo detainees to plead guilty in US courts via video conference, according to a Reuters report on Tuesday. President Obama ultimately decided not to overrule the Justice Department.
Current law prohibits the 80 detainees remaining at the prison to step foot within the United States for trial or incarceration–a major roadblock to the president fulfilling a 2008 campaign promise to close the facility.
The White House had hoped to go around those restrictions by telecommuting detainees into a US court through video; for the sole purpose of allowing them to enter a guilty plea. The individual would then be transferred out of Gitmo to serve the rest of their sentence in a foreign country.
But the DOJ opposed the idea, stating that it violated US criminal justice rules that entitle defendants to plead guilty in court or face a jury trial. Under the president’s proposal, there would be no jury trial option.
“How would a judge assure himself that the plea is truly voluntary when if the plea is not entered, the alternative is you’re still in Gitmo?” a source close to Lynch told Reuters.
The wire service reported, however, that some of the biggest supporters of allowing video guilty pleas are attorneys representing the Guantanamo detainees. To them, finding a resolution—even a guilty plea—is better than ongoing indefinite detention, which for many has persisted for more than decade.
The administration attempted twice within the last three months to lend support to legislation that would have legalized video guilty pleas. In each case, President Obama backed down after the Attorney General lodged objections.
Earlier this month Reuters reported that the White House had also ruled out closing Gitmo unilaterally though executive action. Officials close to the discussions claimed that the administration believed it didn’t have the political capital or public support to shutter the prison during an election year.
Nearly half of the 80 remaining detainees have been or are expected to be cleared for transfer to another country. Ten others are standing trial in military commissions.
The Pentagon has deemed the remaining population as too dangerous for transfer. The individuals also can’t be put on trial because the evidence obtained against them would be inadmissible or because they were tortured while in US custody.
“The beauty of a guilty plea is you don’t need a trial,” a senior administration official and supporter of the telecommuting proposal told Reuters.
