February 23, 2016
“President Obama has again made it clear that he believes he is above the law.”
U.S. Senator Ben Sasse issued the following statement regarding President Obama’s plan to close Guantanamo Bay and transfer terrorists to the United States.
“President Obama has again made it clear that he believes he is above the law. His plan disregards the will of the American People expressed through Congress and flagrantly violates the very obligations he signed into law.
“Last November, the President signed legislation requiring him to submit for Congressional consideration a specific ‘plan for the disposition’ of Guantanamo detainees, including ‘the specific facility or facilities’ where these detainees could be moved if Congress agrees. President Obama has ignored his legal responsibility by submitting a plan that intentionally omits these specific details. His decision is lawless – and it not only hinders our war against violent Islam; it also undermines public trust in the rule of law.”
Current law is clear and available here and below.
National Defense Authorization Act for Fiscal Year 2016: SEC. 1035
SEC. 1035. COMPREHENSIVE DETENTION STRATEGY.
(a) In General.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Attorney General and the Director of National Intelligence, submit to the congressional defense committees a report setting forth the details of a comprehensive strategy for the detention of current and future individuals captured and held pursuant to the Authorization for Use of Military Force (Public Law 107–40) pending the end of hostilities.
(b) Elements.—The report required by subsection (a) shall contain the following:
(1) The specific facility or facilities that are intended to be used, or modified to be used, to hold individuals for purpose of trial and incarceration after conviction or detention and interrogation pursuant to the law of armed conflict.
(2) The estimated costs associated with the detention of individuals detained for purpose of trial, incarceration after conviction, or continued detention under the law of armed conflict, including the costs of—
(A) improvements, additions, or changes to each facility specified pursuant to paragraph (1);
(B) construction of new facilities, if any;
(C) maintenance, operation, and sustainment of any such facility;
(E) military, civilian, and contractor support personnel; and
(F) other matters associated with support of detention operations.
(3) A plan for the disposition of such individuals if the authority to continue detaining an individual pursuant to the law of armed conflict were to expire while such individual is being detained, and an assessment of possible actions that could be taken to mitigate any adverse implications of such a scenario to the national security interests of the United States.
(4) A plan for the disposition of individuals held pursuant to the Authorization for Use of Military Force who are currently detained at the United States Naval Base, Guantanamo Bay, Cuba.
(5) A plan for the disposition of future detainees held pursuant to the Authorization for Use of Military Force.
(6) The additional authorities, if any, necessary to detain an individual pursuant to the law of armed conflict as an unprivileged enemy belligerent pursuant to the Authorization for Use of Military Force pending the end of hostilities or a future determination by the Secretary of Defense that such individual no longer requires continued detention.
(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.