The Constitution is our rule of law, and when it’s followed, ensures we are operating as a functional Republic. I have shared on several occasions that when it comes to GITMO, Article I, Section 8, Clause 11 defines who has the enumerated power “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.”
President Obama has signed into law with a previous National Defense Authorization Act (NDAA) that he cannot take unilateral action to shut down GITMO. We shared with you on Monday that Obama released five Yemeni unlawful enemy combatants from GITMO this weekend — following the horrific Islamic terror attack in Paris.
Now, you don’t have to believe me — which the liberal progressive left won’t, since they’re blind intransigent ideologues – but perhaps someone else can convince you.
As reported by The Hill, “The Obama administration is legally prohibited from bringing detainees from the detention facility at Guantanamo Bay, Cuba, to the U.S., Attorney General Loretta Lynch acknowledged on Tuesday, even as the White House searches for ways to close the facility.
“With respect to individuals being transferred to the United States, the law currently does not allow that,” Lynch told the House Judiciary Committee. “That is not, as I am aware of, going to be contemplated, given the legal prescriptions.
“Certainly it is the position of the Department of Justice that we would follow the law of the land in regard on that issue.” The attorney general noted that President Obama has said he will sign a new defense policy bill that includes additional restrictions on Guantanamo Bay, including new limits on where men at the detention camp can be sent abroad.
Still, Lynch maintained that closing the 13-year-old detention facility “is something that is a part of the administration’s policy.” “The Department of Justice is committed to fully following that, and the closure of Guantanamo Bay is being carried out in compliance with that law,” she added. Despite Lynch’s comments, the Obama administration is actively looking for places in Colorado and other states to relocate dozens of detainees from the facility, as part of its broader effort to close the detention facility.”
Of course President Obama did say some 20-plus times he couldn’t take executive action on immigration — then he did, thank goodness we have two courts that slammed him for doing so. And breaking late on Wednesday, the White House stated it will delay providing a plan on shutting down GITMO – I’m quite sure Attorney General Lynch’s comments put a damper on things.
Here is an excerpt from House Armed Services Committee Chairman Rep. Mac Thornberry’s statement on the matter:
“Once again, the President has been forced to confront the hard reality of Islamic terrorism and admit that closing the detention facility at Guantanamo Bay isn’t as easy as it sounds on the campaign trail. Going back to the drawing board on a vague, ill considered ‘plan’ is a good start. It is also important that he admit that he has no authority to unilaterally close the facility, as Attorney General Lynch did this week. The defense authorization bill we have sent back to the President will compel him to tell the American people the truth about the challenges of closing GTMO. Next year, he will have to lay out the location and costs of new facilities, how he would keep Americans safe, and what he would do with new terrorist captures. It’s another chance to make his case, but with specificity this time. Until then, he should resist the urge to score points on such a serious matter.”
The issue is simple, why shut down GITMO? Where will future unlawful enemy combatants captured on land and water in the prosecution of the war against Islamo-fascism and jihadism go? Attorney General Lynch just stated that by law they can’t be brought to the United States. And what of those still in GITMO, the supposedly worst of the worst? Shall they be released like the entire Taliban general staff — and where are those fellas, still in Qatar?
Let me be very clear, the discussion about closing GITMO is moot now. Last Friday’s Islamic terror attack in Paris is proof positive that we are engaged in a war. We can try and run, but it will follow us to our doorsteps. This is not a law enforcement operation, it is a combat operation, and therefore those captured — and trust me, I prefer their being killed — must be kept off the battlefield.
Is it President Obama’s intent to release these individuals back onto the battlefield? There is no debate. Obama’s Attorney General has stated that our rule of law precludes these unlawful enemy combatants from coming to the United States. If Obama achieves his campaign promise of shutting down GITMO, then where does Khaled Sheik Muhammad go? My preference would be straight to Hades.
Just as SecDef Carter put Obama on the horns of a dilemma after the Delta Force hostage raid mission where MSG Joshua Wheeler was killed, so has Attorney General Lynch. The nation’s top law enforcement officer and head of the U.S. Department of Justice has just testified, and is on record, saying that Obama cannot shift GITMO detainees to our shores.
However, she still admitted that shutting down GITMO is part of the Obama administration’s policy — so what is the end state? Will Obama do as he did this weekend, and continue the slow leak of releasing these unlawful enemy combatants in the middle of the night over the weekend when no one is watching?
And remember, if he does, he’s still in violation of the Constitution because he does not have that enumerated power. Obama finds himself in a very tough position because these are not prisoners of war — they are non-state, non-uniformed, armed belligerents taken on a battlefield. This isn’t about conducting trials to which they’re not entitled anyway because they are not U.S. citizens.
We are still engaged in a global combat operation against Islamic jihadists. If Obama shuts down GITMO, I suppose that’s approval to do one thing: kill them and send them on a ride down the river Styx.
Thanks Attorney General Loretta Lynch, you just made my day, even if you truly didn’t mean to. President Obama, just let this whole GITMO closing thing go — your own Attorney General just hosed you!