Washington, D.C.—The top Republican on the House Armed Services Committee today criticized President Obama’s White House for repeating the mistakes of the Bush Administration by attempting to generate detainee policy by executive fiat rather than working with Congress to create a statutory framework that would stand up to judicial scrutiny. An offer (linked here) by Rep. Howard P. “Buck” McKeon (R-Calif.), the panel’s chairman, to work with the Administration to develop comprehensive policies for the detention and prosecution of detainees captured in the ongoing war against terrorism has been ignored by the White House.
In response to a newly-released White House Executive Order, McKeon also signaled his intent to introduce legislation that would congressionally authorize a legal framework for the prosecution and detention of terrorists held at Guantanamo Bay and those captured on the battlefield in the future.
“It’s baffling to me that the White House, which prides itself on operating differently than its predecessor, would repeat the same mistakes by refusing to work with Congress to create a comprehensive plan for the long-term detention and prosecution of detainees at Guantanamo Bay,” said McKeon. “Not only has this White House failed to reach out to us to discuss the current executive order, but our offers to work with the Administration have gone unanswered as well. The President, while clinging to the rhetoric of bipartisanship, hasn’t followed up with the appropriate actions.”
“I am pleased, however, that that the President reversed his earlier decision and will re-start military commissions at Guantanamo,” continued McKeon. “This is a positive step in the right direction, but today’s announcement remains silent on Khalid Sheikh Mohammed and the other co-conspirators of the 9/11 attacks. These terrorists must be held responsible for their crimes.”
In criticizing the President, Chairman McKeon pointed to a speech delivered by President Obama on May 21, 2009, in which the President committed to working with Congress “to develop an appropriate legal regime” for the detention and prosecution of terrorist detainees.
Specifically, the President stated the following during his high-profile speech at the National Archives:
"But I want to be very clear that our goal is to construct a legitimate legal framework for the remaining Guantanamo detainees that cannot be transferred. Our goal is not to avoid a legitimate legal framework. In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight. And so, going forward, my administration will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution."
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