Republican pushes for resolution to allow Gitmo lawsuit

A Republican congressman is renewing calls to approve a resolution that would authorize a lawsuit against the Obama administration if it attempts to transfer detainees at the Guantanamo Bay detention facility to U.S. soil.

Rep. Jeff Duncan (R-S.C.) introduced the resolution in February after President Obama unveiled his plan to close the facility, and Duncan renewed calls for Congress to take up the measure Tuesday as he marked the 50th co-sponsor, all of whom are Republican.

{mosads}“This is an important marker of support for the rule of law,” Duncan said in a statement. “It is illegal under federal law to transfer Gitmo terrorists to the U.S. mainland—a law which was initially passed by a Democrat super majority in the Congress and signed into law by President Obama. This clearly should remain law.”

Obama’s plan to close the facility hinges on bringing detainees deemed too dangerous to release to a stateside facility. One of the potential sites surveyed by the Pentagon was the Naval Consolidated Brig in Charleston, S.C.

The annual defense policy bill has for years banned the transfer of Guantanamo detainees to the United States, and this year’s bill would keep the ban in place.

But Obama has refused to concede that he will not be able to fulfill a promise from his first presidential campaign to shutter the facility.

“I am not ready to concede that it may still remain open because we’re still working diligently to continue to shrink the population,” he said again Thursday.

The administration has been working to empty the facility as much as possible by transferring cleared detainees to foreign countries.

Administration officials have acknowledged the law prevents transfers to the United States but have not publicly ruled out Obama using an executive order to override the ban. Reports, though, have indicated that option may be off the table.

Still, Republicans remain worried Obama will issue such an order during the lame-duck session.

A spokesman for Duncan said he thinks the resolution will grow in importance during the lame-duck session since leadership has given the idea of a lawsuit “very favorable reviews.”

“Should President Obama prepare to act illegally and transfer any of the world’s most dangerous terrorists from Gitmo to the U.S. mainland, H. Res. 617 empowers the Congress to act proactively,” Duncan said. “No state should be a terrorist dumping ground.”

Duncan’s call to take up his resolution comes as the House is expected to vote on a bill later this week banning all transfers out of Guantanamo, further hindering Obama’s ability to close the facility. The bill would prohibit transfers until Jan. 1 or this year’s defense policy bill is enacted, whichever comes first. 

Republicans’ urgency to prevent Obama from closing the facility has grown in recent weeks after the administration transferred 15 detainees, Obama’s largest single batch to date, out of the facility last month, bringing the population down to 61.