The Obama administration is prohibited by law from moving Guantanamo Bay detainees to the United States, but President Obama on Tuesday sent Congress his plan for doing just that.
Even before Obama spoke, members of Congress reacted negatively.
“The fact is, it is very hard to stop a president from doing something if he is willing to ignore the law and his oath,” Rep. Darrell Issa (R-Calif.) told Fox News Tuesday morning.
Issa said Obama’s plan to close the military prison in Cuba is not a surprise — he talked about doing it even before he became president.
“But the fact that he’s willing to do it in violation of specific law…(shows that) he has very little to lose, in his opinion. He doesn’t believe that the American people will impeach him, and with the death of Justice Scalia, he probably views that the Supreme Court might back him with a 4-4 decision.”
Issa noted that Obama himself signed the bill that included the provision barring transfers of Gitmo detainees to the United States. “But this is a president that doesn’t respect the law and the Constitution.”
Issa said there isn’t much Congress can do “in a timely fashion” if Obama ignores the law and orders the military prison closed. Congress’s recourse would be to go to court, and the courts are not likely to rule quickly.
Issa said that voiding the Guantanamo lease, which the United States holds in perpetuity, would be more complicated for the president to do. He could order the military to leave Guantanamo, but that places the burden on military leaders.
“I have to be quite candid,” Issa said. “It is the decision that U.S. military leaders have to make. Are they going to obey an unlawful order…to move people from Guantanamo? An unlawful order to close the base?”
Issa said he believes the military may push back on the president. “I can see flag officers resigning rather than obeying unlawful orders.”