Attorney general questions plans for moving Guantanamo prisoners to US

WASHINGTON – Attorney General Loretta Lynch on Tuesday seemed to downplay the Obama administration’s plans to transfer Guantanamo Bay prisoners to the U.S., saying it would be illegal and is “not being contemplated.”

Later, her spokeswoman sought to clarify the remarks, saying Lynch did not intend to preclude any of the president’s options.

Administration officials have repeatedly said they want to close Guantanamo and move some of the remaining prisoners to the U.S. But Congress has rebuffed President Barack Obama’s efforts, including with a recently renewed law that specifically prohibits use of U.S. funds for such a move.

The Pentagon is preparing a report for the president on alternatives to Guantanamo, and in recent months visited potential replacements in the U.S., including military prisons in South Carolina and Kansas and facilities in Colorado.

But Lynch, testifying before the House Judiciary Committee, was pressed by Rep. Jim Sensenbrenner, R-Wis., about whether the president has the authority to transfer “some of the world’s most dangerous terrorists” to the U.S.

“The law currently does not allow for that,” Lynch replied. “And that is not, as I am aware of, going to be contemplated given the legal proscriptions.”

Later, in response to a question from the Los Angeles Times, Justice Department Director of Public Affairs Melanie Newman issued a clarification of Lynch’s remarks.

“The Attorney General is aware that the administration is working diligently to finalize the plan to safely and responsibly close the detention facility at Guantanamo Bay, which will be delivered to Congress when complete,” Newman said. “Given the White House focus on this, her comments were intended to prevent speculation on outcomes of that process.”

Some former White House lawyers have argued that the congressional ban is an unconstitutional interference with executive authority.

White House press secretary Josh Earnest said last month, “I wouldn’t rule out the president using every element of his authority to make progress,” in closing Guantanamo. National security adviser Susan Rice told Reuters that if the administration didn’t close Guantanamo, it would “die trying.”

While several prominent Senate Democrats have backed the president’s authority to circumvent the congressional prohibition, recently some liberal legal scholars have joined Republicans in challenging that view.

Marty Lederman, a Georgetown University law professor and a former top Justice Department official in Obama’s first term, last week challenged the assertion that the law is unconstitutional.

He wrote on the “Just Security” blog that such a move would require hundreds of government employees to work on new detention facilities to hold the high-value prisoners, “all in the teeth of a law that prohibits the expenditure of funds to do such things.”

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Pharmacist Nisha Mathew prepares a Pfizer COVID booster shot for a patient at Bartell Drugs on Broadway on Saturday, Oct. 1, 2022, in Everett, Washington. (Ryan Berry / The Herald)
Everett lawmakers back universal health care bill, introduced in Olympia

Proponents say providing health care for all is a “fundamental human right.” Opponents worry about the cost of implementing it.

Outside of the updated section of Lake Stevens High School on Thursday, Feb. 27, 2020 in Lake Stevens, Wa. (Olivia Vanni / The Herald)
Lake Stevens, Arlington school measures on Feb. 11 ballot

A bond in Lake Stevens and a levy in Arlington would be used to build new schools.

Lake Stevens Sewer District wastewater treatment plant. (Lake Stevens Sewer District)
Lake Stevens sewer district trial delayed until April

The dispute began in 2021 and centers around when the city can take over the district.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

A salmon carcass lays across willow branches in Edgecomb Creek on Thursday, Jan. 30, 2025 in Arlington, Washington. (Olivia Vanni / The Herald)
Tribes: State fish passage projects knock down barriers for local efforts

Court-ordered projects have sparked collaboration for salmon habitat restoration

The Everett Municipal Building on Thursday, Feb. 29, 2024 in Everett, Washington. (Annie Barker / The Herald)
Everett council approves $111 million construction of sewer project

The Port Gardner Storage Facility, in the works for more than a decade, will help prevent overflows of the city sewer system.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.