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Angie Drobnic Holan
By Angie Drobnic Holan January 12, 2011
Back to Close the Guantanamo Bay Detention Center

Obama and Congress remain at odds on closing Guantanamo

President Barack Obama's campaign promise to close the Guantanamo Bay detention center has switched from In the Works to Stalled and back again (and again). All that movement reflects a simple dynamic: Obama really wants to close the center. But Congress really doesn't.

The latest turn of events was the law authorizing defense spending for 2011. In addition to funding the military for the year, members of Congress attached several stipulations about Guantanamo. The law says no funds canbe used to transfer Guantanamo detainees to the United States, and no funds can be used to transfer detainees to the custody of foreign countries, unless specific conditions are met about how the prisoners will be held.

Obama didn't like those provisions and issued a statement deploring them. He said the limitation on transferring prisoners to the U.S. is "a dangerous and unprecedented challenge to critical executive branch authority ... ." Of the new requirements on transferring prisoners to foreign governments, Obama said it could "hinder the conduct of delicate negotiations with foreign countries and therefore the effort to conclude detainee transfers in accord with our national security."

Obama stopped short of saying he would disregard the law, something presidents sometimes do via "signing statements." President George W. Bush issued many signing statements as president that said he would disregard parts of laws passed by Congress that he believed infringed on his executive authority. During the campaign, Obama said he would not "abuse" signing statements.

But nowhere did Obama say he would disregard the new restrictions. Instead, he said he would seek to repeal of the restrictions.

"Despite my strong objection to these provisions, which my Administration has consistently opposed, I have signed this Act because of the importance of authorizing appropriations for, among other things, our military activities in 2011," Obama said in the statement. "Nevertheless, my Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future."

Based on Obama's statement, he clearly still wants unfettered authority to move prisoners out of the Guantanamo Bay facility. And at a press conference at the end of the year, he said it was important to close Guantanamo because it is "probably the number one recruitment tool that is used by these jihadist organizations."

"It is important for us, even as we're going aggressively after the bad guys, to make sure that we're also living up to our values and our ideals and our principles," Obama said at the press conference. "And that's what closing Guantanamo is about -- not because I think that the people who are running Guantanamo are doing a bad job, but rather because it's become a symbol. And I think we can do just as good of a job housing them somewhere else."

Obama may want to close Guantanamo, but legal impediments still stand in the way of him achieving his goal. The meter remains at Stalled.

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