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Military: Clinton-Obama Plan To Bring Gitmo Terrorists To U.S. Is Unlawful

- February 16, 2016

AS OBAMA PLANS TO SEND A GITMO PLAN TO CONGRESS, MILITARY LEADERS "WILL NOT TRANSFER" DETAINEES UNDER CURRENT LAW

As Obama Prepares To Send His Gitmo Closure Plan To Congress, Military Leaders Say That Under The Current Law, They "Will Not Transfer Any Detainees To The U.S." "Just as President Barack Obama is planning to send Congress his plan to close the Guantanamo Bay prison this year, leaders of the military say it will not transfer any detainees to the U.S., unless the law prohibiting such transfers is changed." (Eli Lake, Op-Ed, "Military Tells Congress It Can't Send Gitmo Detainees To U.S.," Bloomberg View, 2/16/16)

  • Bloomberg View Headline: "Military Tells Congress It Can't Send Gitmo Detainees To U.S." (Eli Lake, Op-Ed, "Military Tells Congress It Can't Send Gitmo Detainees To U.S.," Bloomberg View, 2/16/16)

Last Week, Director Of The Joint Chiefs Of Staff Lt. General William Mayville Jr. Sent A Letter To Congress, Saying That "Current Law Prohibits The Use Of Funds To 'Transfer, Release Or Assist In The Transfer Or Release' Of Detainees Of Guantanamo Bay To Or Within The United States." "Lt. General William Mayville Jr., the director of the Joint Chiefs of Staff, said as much in a letter to Congress last week, which I obtained. Mayville's letter gets to the heart of a knotty constitutional issue on Guantanamo: Does President Obama have the authority to close the facility without the consent of Congress? Writing to 16 House members who served in the military, Mayville writes: 'Current law prohibits the use of funds to 'transfer, release or assist in the transfer or release' of detainees of Guantanamo Bay to or within the United States, and prohibits the construction, modification or acquisition of any facility within the United States to house any Guantanamo detainee. The Joint Staff will not take any action contrary to those restrictions.'" (Eli Lake, Op-Ed, "Military Tells Congress It Can't Send Gitmo Detainees To U.S.," Bloomberg View, 2/16/16)

  • Mayville: "The Joint Staff Will Not Take Any Action Contrary To Those Restrictions." (Eli Lake, Op-Ed, "Military Tells Congress It Can't Send Gitmo Detainees To U.S.," Bloomberg View, 2/16/16)

But Military Leaders Aren't The Only Ones-Obama's Attorney General Also Says The Plan To Move Gitmo Prisoners To The U.S. Is Illegal

According To Attorney General Loretta Lynch, "The Obama Administration Is Legally Prohibited From Bringing Detainees From The Detention Facility At Guantanamo." "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.'" (Julian Hattem, "Attorney General: Law 'Does Not Allow' Gitmo Detainees In The US," The Hill, 11/17/15)

  • Lynch: "With Respect To Individuals Being Transferred To The United States, The Law Currently Does Not Allow That." "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.'" (Julian Hattem, "Attorney General: Law 'Does Not Allow' Gitmo Detainees In The US," The Hill, 11/17/15)

NOW CLINTON IS TRYING TO DISTANCE HERSELF AS THE ARCHITECT OF OBAMA'S PLAN TO HOUSE GITMO TERRORISTS IN THE U.S.

At A South Carolina Town Hall, Clinton Dodged On The Plan She Once Recommended That Would Bring Guantanamo Terrorists To The United States. QUESTION: "As far as the detainees coming into South Carolina?" CLINTON: "Oh, from Guantanamo? The President has to decide what he thinks should be done. He hasn't yet, so I don't have a response. I want to see what he's going to recommend. And I don't know what he's going to recommend, so I don't want to, I don't want to prejudge what he's going to say." (Hillary Clinton, Remarks At Campaign Town Hall, Denmark, SC, 2/12/16)

Click To Watch

As Secretary, Clinton Advocated For The Closure Of Gitmo And Bringing The Detainees To The United States

In An August 2010 White House Meeting, Clinton Chastised White House Aides, Saying "We Are Throwing The President's Commitment To Close Guantánamo Into The Trash Bin. … We Are Doing Him A Disservice By Not Working Harder On This." "One of those occasions was at a White House meeting of Obama's national-security principals in August 2010. 'We are throwing the president's commitment to close Guantánamo into the trash bin,' she chastised White House aides, according to three participants in the meeting. 'We are doing him a disservice by not working harder on this.'" (Daniel Klaidman, "How Gitmo Imprisoned Obama," Newsweek, 5/15/13)

In A January 2013 Memo To Obama, Clinton Said "She Worried That Support For Closing Guantanamo Would Further Erode Unless The Administration Took Action." "Weeks before she stepped down as secretary of state, Hillary Clinton wrote a memo urging President Barack Obama to step up his administration's efforts to close the military detention facility in Guantanamo Bay in his second term. In the confidential January 2013 memo obtained by The Huffington Post, Clinton told Obama she worried that support for closing Guantanamo would further erode unless the administration took action." (Ryan J. Reilly, "We Obtained Hillary Clinton's Confidential Memo To Obama. Read It Here.," The Huffington Post , 11/29/15)

  • Clinton Told Obama She Remained "A Strong Advocate" Of His Policy To Close Guantanamo Bay Prison . "I remain a strong advocate of your policy to close the Guantanamo Bay detention facility (GTMO) responsibility and to ensure U.S. detention policy and practice for terrorism suspects are consist with U.S. values and do not strengthen our enemies." (Hillary Clinton, Memo To Barack Obama, 1/15/13, p. 1, Accessed 11/30/15)

In The Memo, Clinton "Advocated For Moving Guantanamo Detainees From The Cuban Prison Into The United States So They Could Face Trial." "She also advocated for moving Guantanamo detainees from the Cuban prison into the United States so they could face trial." (Rebecca Kaplan, "Hillary Clinton Urged Obama To Close Guantanamo Bay," CBS News, 11/30/15)

  • Clinton: "If The Law Permits, I Recommend That You Consider Transfers To The United States For Pre-Trial Detention, Trial, And Sentences." "I recommend that, in a coordinated legislative strategy, you direct efforts to prevent Congress from reenacting the current restriction in FY 2014. … (If the law permits, I recommend that you consider transfers to the United States for pre-trial detention, trial, and sentences.)." (Hillary Clinton, Memo To Barack Obama, 1/15/13, p. 2, Accessed 11/30/15)

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