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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsObama Rips Congress For Violating The Constitution By Blocking Him From Closing GITMO
http://www.politicususa.com/2014/12/20/obama-rips-congress-violating-constitution-blocking-closing-gitmo.htmlObama Rips Congress For Violating The Constitution By Blocking Him From Closing GITMO
By: Jason Easley
Saturday, December, 20th, 2014, 11:31 am
President Obama attached a signing statement to the 2015 NDAA that shredded Congress and accused the legislative branch of violating the constitutional separation of powers by passing provisions that block him from closing GITMO.
Here is the full text of the presidents signing statement,
Today I have signed into law H.R. 3979, the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015. I have signed this annual defense authorization legislation because it will provide vital benefits for military personnel and their families, as well as critical contingency authorities needed to counter the Islamic State of Iraq and the Levant and to respond to emerging needs in the face of evolving terrorist threats and emergent crises worldwide.
Earlier this month, the Department of Defense transferred the last remaining third-country nationals held in U.S. custody in Afghanistan, ending U.S. detention operations in Afghanistan. Yet halfway around the world, the detention facility at Guantanamo Bay, Cuba, remains open for the 13th consecutive year, costing the American people hundreds of millions of dollars each year and undermining Americas standing in the world. As I have said many times, the continued operation of this detention facility weakens our national security by draining resources, damaging our relationships with key allies and partners, and emboldening violent extremists. Closing the detention facility is a national imperative.
I have repeatedly called upon the Congress to work with my Administration to close the detention facility at Guantanamo once and for all. Individuals from across the political spectrum have recognized that the facility should be closed. But instead of removing unwarranted and burdensome restrictions that curtail the executive branchs options for managing the detainee population, this bill continues them. Section 1032 renews the bar against using appropriated funds to construct or modify any facility in the United States, its territories, or possessions to house any Guantanamo detainee in the custody or under the control of the Department of Defense unless authorized by the Congress. Section 1033 likewise renews the bar against using appropriated funds to transfer Guantanamo detainees into the United States for any purpose. The Consolidated and Further Continuing Appropriations Act, 2015, contains similar provisions as well as those relating to existing restrictions on the transfer of detainees abroad.
I have consistently opposed these restrictions and will continue to work with the Congress to remove them. More than 80 percent of detainees at one time held at the detention facility have now been transferred. The executive branch must have the flexibility, with regard to those detainees who remain, to determine when and where to prosecute them, based on the facts and circumstances of each case and our national security interests, and when and where to transfer them consistent with our national security and our humane treatment policy. Under certain circumstances, the provisions concerning detainee transfers in both bills would violate constitutional separation of powers principles. In the event that the restrictions on the transfer of detainees operate in a manner that violates constitutional separation of powers principles, my Administration will implement them in a manner that avoids the constitutional conflict.
snip//
The president was correct. Members of Congress who voted for the restrictions on detainee transfer are violating the separation of powers. Some on the left continue to blame President Obama for not closing GITMO, but their blame is misplaced. (No, vetoing the bill is not an option. Congress would easily override an Obama veto of the NDAA.) Congress has refused to fund the closure, and blocked the transfer of detainees. Obama lived up to his end of the bargain. If progressives want to place blame somewhere, they should begin with some of the same people that they are trying to draft to run for president in 2016.
Renew Deal
(81,871 posts)Obama isn't going to let this stop him.
Doctor_J
(36,392 posts)freshwest
(53,661 posts)The media assisted the rightwingers by helping generate hysteria with allegations Obama wanted them in the states to be tried under our laws here, as 'Obama's Muslim Army' 'invading the states.' I followed this BS closely in the early days.
I'm glad he signed the bill to help the vets but there is always a poison pill attached to every lifesaving measure to keep on huring the USA.
So sick of these renegade Kochsters. And glad he is calling them out on all they have done and are trying to do to undermine the nation for their true owners. I expect more fireworks as the next two years go on.
They'll start an impeachment circus when they feel emboldened from an incident to play in the media and the herd will go along as usual. He's slapping them everyday now and the American people can decide if they want to be ruled by this Koch crew in 2016 or move ahead.
meow2u3
(24,772 posts)Congress has been trying to usurp executive power by attaching unconstitutional riders into the NDAA since the repukes have taken over the House. If I were the President, I'd sue to have the rider requiring GITMO to remain open struck down an a unconstitutional violation of separation of powers, since Congress has no right to dictate to the President as to how he does his job.
Savannahmann
(3,891 posts)Perhaps someone can explain it to me. Why President Obama doesn't just do this. The Lawyers for the detainee's file a motion before the Federal Court arguing that the prisoners are held illegally. The Justice Department files a response saying they agree, the US is holding the Detainee's illegally. The Judge rules that the prisoners must be released immediately. What could Congress do?
Nobody would be arguing that the Prisoners are held in accordance with any law. Nobody would be arguing that American Law did not apply to Guantanamo Bay since it is in Cuba. So the Judge would have little choice but to find for the Prisoners and order them released.
KingCharlemagne
(7,908 posts)Guantanamo inmates 'illegally' (even though you and I as private citizens and citizens of the world might agree). IANAL nor a Constitutional expert, but your statement raised the hairs on the back of my neck. I would love to hear what our colleagues who are attorneys or experts in Constitutional law might say on this matter.
Furthermore, were President Obama to act in direct disobedience of Congress' will and transfer Gitmo detainees to the U.S., he would be opening himself up to impeachment (for the same reason the Reagan administration faced that possibility during Iran-Contra). Again, as private citizens and citizens of the world, you and I might support President Obama 100%. But when the Executive Branch explicitly disobeys the law as laid out by the Leglislative Branch, we are in some seriously deep and treacherous waters. (Reagan's use of funds from sale of arms to the Iranians to fund the Contras ran directly counter to the law as laid out by Congress.)
I'm having trouble articulating these principles coherently to myself, so please excuse me if I'm not making any sense in drawing a distinction between what you and I (and Obama) might privately believe and what the Constitution requires of each of us.
goldent
(1,582 posts)want to simply release the prisoners immediately as you describe. I think that would be a political disaster.
99Forever
(14,524 posts)Instead, he has let them walk all over us for 6 years, on issue after issue.
On January 22, 2009 to be exact. Read all about it:
http://www.whitehouse.gov/the_press_office/Closure_Of_Guantanamo_Detention_Facilities
99Forever
(14,524 posts)Right?
ucrdem
(15,512 posts)99Forever
(14,524 posts)Very impressive.
ucrdem
(15,512 posts)99Forever
(14,524 posts)NYC Liberal
(20,136 posts)Cha
(297,655 posts)ignorantly use Obama as the punching bag. Will not be dissuaded. Wah wah wah.. Doesn't realize how this says everything about him and absolutely nothing about the President.
ucr!
Say hello to Barack and Michelle if you happen to bump into them!
Cha
(297,655 posts)surroundings to come over to my beautiful Island.
A few years ago.
Nuclear Unicorn
(19,497 posts)defunded the Iraq war.
DeSwiss
(27,137 posts)K&R
Fuck it..................
lovuian
(19,362 posts)I'm glad he still is trying to close it down
Response to babylonsister (Original post)
guyton This message was self-deleted by its author.
Ykcutnek
(1,305 posts)Congress is violating the separation of powers. The CONSTITUTIONAL SCHOLAR is not just making shit up. Read the fucking statement and spare us the "power of the purse" nonsense.
Nuclear Unicorn
(19,497 posts)Cha
(297,655 posts)any proof to back it up. Just continue the lie because they can. Place the blame on those whose fault it really is? NEVER.
"The president was correct. Members of Congress who voted for the restrictions on detainee transfer are violating the separation of powers. Some on the left continue to blame President Obama for not closing GITMO, but their blame is misplaced. (No, vetoing the bill is not an option. Congress would easily override an Obama veto of the NDAA.) Congress has refused to fund the closure, and blocked the transfer of detainees. Obama lived up to his end of the bargain. If progressives want to place blame somewhere, they should begin with some of the same people that they are trying to draft to run for president in 2016."
From your link..
The major problem is that the majority of Senate Democrats continue to cave the 9/11 style politics of fear by voting to restrict the president from closing the facility. Only four members of the Democratic caucus voted against the 2015 NDAA. Democrats Jeff Merkley, Ron Wyden, Kirsten Gillibrand, and Independent Bernie Sanders voted against the bill. Progressive darling Elizabeth Warren voted for the bill, so did Al Franken.
http://www.politicususa.com/2014/12/20/obama-rips-congress-violating-constitution-blocking-closing-gitmo.html
Mahalo babsis~
RiverLover
(7,830 posts)Sound familiar?
_____________
Feb 2013: Obama administration lawyers defended the military's indefinite detention powers in Manhattan federal court on Wednesday, claiming civil liberties adv...
http://www.huffingtonpost.com/2013/02/06/ndaa-indefinite-detention-lawsuit_n_2632254.html
Was this a lie?
_____________
Here's Elizabeth Warren's voting record to date:
http://votesmart.org/candidate/key-votes/141272/elizabeth-warren
The article above says EW voted for this HR 3979 & the provided link in the original article went here~
Number: H.R. 3979 (Emergency Unemployment Compensation Extension Act of 2014 )
Measure Title: A bill to amend the Internal Revenue Code of 1986 to ensure that emergency services volunteers are not taken into account as employees under the shared responsibility requirements contained in the Patient Protection and Affordable Care Act.
Not the same HR 3979.
________________
And a rider in the new spending bill includes not allowing the closure of Gitmo essentially, because it forbids transfer of prisoners to US facilities.
https://www.bostonglobe.com/2014/12/10/senator-elizabeth-warren-house-speaker-nancy-pelosi-oppose-provision-adding-uncertainty-bill-keeping-government-open/CyfUitKFXNt9WaD1sZlXUJ/story.html
_______________
So I'd like to know what the real story is here. All I see is political posturing.
woo me with science
(32,139 posts)When do we get our Bill of Rights back?
http://www.democraticunderground.com/10025246398#post11
"Centrism" to me carries a deliberate connotation of being "in the center"..in other words, not extreme in either direction. Ditto for the word "moderate," which is constantly used to describe Third Way politicians whose policies are anything but moderate in the traditional sense of the word.
Austerity and attacks on safety nets in a country that has already devastated its middle class are opposed by over 80 percent of Americans across party lines, yet these Third Way economic positions are nevertheless described as "centrist," as though they fell in the mainstream of American opinion. Policies coming out of our government now routinely bear little resemblance to what people have repeatedly stated in polls that they want, and neoliberal politicians lie their way through campaigns because they realize how unpopular their positions really are...yet we persist in calling them "centrists."
Secret laws, secret courts, "Kill Lists"/indefinite detention without due process, and mass surveillance in the United States of America are extreme violations of our Constitution and should not be considered "moderate" positions in any sense of the word. They are extreme, even fascistic policies, yet the politicians who espouse them are permitted by us to describe themselves as "moderates."
I think we need to start using the words, "corporatist," "extreme," and even "fascist" to describe what is happening in this country under the corporatist/neoconservative/neoliberal/Third Way agenda. We are witnessing a malignant merger of state and corporations and the active dismantling of important Constitutional protections. The corporate state is pouring our tax dollars into propaganda and marketing for their agenda, and IMO the vast majority of Americans, while aware of their own economic pain, have little understanding of the peril facing our democratic institutions and basic Constitutional protections.
We use words that suggest the current neoliberal and neocon policies are business as usual in America...just another flavor of policies that Americans can trust still fall safely within the boundaries of a democratic, constitutional, representative political system. They are "centrist" or "moderate." But they really aren't...and I think we need to adjust our labels to drive home the seriousness of the crisis we face.
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Then, the person who handled the paperwork, got onto the Supreme Court.
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