President Obama ‘Swore An Oath To Uphold The Laws’

Gitmo Gambit ‘A Last-Gasp Effort By The Obama Administration’

“…President Obama is preparing to unveil a plan to shutter the facility and move some of the terrorism suspects held there to U.S. soil.” (“Obama To Launch New Effort To Close Guantanamo Bay Prison In Cuba,” Los Angeles Times, 11/4/15)

• “The plan represents a last-gasp effort by the Obama administration to convince staunch opponents in Congress that dangerous detainees who can't be transferred safely to other countries should be housed in a U.S.-based prison.” (“Pentagon's Plan To Close Guantanamo Expected In Coming Week,” AP, 11/08/15)

• “…plan also calls for moving at least five dozen higher-level detainees to a prison on domestic soil. But statute bars that move, and the Republican-controlled Congress has shown little interest in revoking it.” (“Guantánamo Is Leaving Obama With Choices, Neither of Them Simple,” The New York Times, 10/31/15)

• “…it might now be a criminal violation to move a detainee to the mainland on a military plane.” (“Guantánamo Is Leaving Obama With Choices, Neither of Them Simple,” The New York Times, 10/31/15)

SUSAN RICE: National Security Adviser: ‘I can tell you we’re going to die trying’ “‘I can’t say with certainty that we’re 100 percent going to get there, but I can tell you we’re going to die trying,’ said Susan Rice, Obama's national security adviser, in an interview.” (“Obama's Counterterrorism Chief Takes Fresh Stab At Closing Guantanamo,” Reuters, 11/4/15)

JOSH EARNEST, White House Press Secretary: ‘At this point, I would not take anything off the table’ “White House Press Secretary Josh Earnest, asked about the possibility that President Barack Obama could take unilateral moves to transfer detainees to the United States, said all options remain in play. ‘At this point, I would not take anything off the table in terms of the President doing everything that he can to achieve this critically important national security objective,’ Earnest said.” (“WH: Executive Action Possible On Closing Gitmo,” CNN, 11/4/15)

NDAA: ‘No Amounts Authorized To Be Appropriated Or Otherwise Made Available For The Department Of Defense May Be Used… To Transfer… Khalid Sheikh Mohammed Or Any Other Detainee’

National Defense Authorization Act for Fiscal Year 2016: SEC. 1031: No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2016, to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who—

 (1) is not a United States citizen or a member of the Armed Forces of the United States; and

 (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department

 of Defense. (S.1356, Passed Senate 11/10/15)

• 2015 - PL 113-291: ‘Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015’: SEC. 1033. Prohibition On The Use Of Funds For The Transfer Or Release Of Individuals Detained At United States Naval Station, Guantanamo Bay, Cuba. Section 1034 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 851) is amended by striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 2015’’. (PL 113-291, President Obama Signed 12/19/2014)

• 2014 - PL 113-66: ‘National Defense Authorization Act for Fiscal Year 2014’: SEC. 1034. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2014, to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who— is not a United States citizen or a member of the Armed Forces of the United States; and is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (PL 113-66, President Obama Signed 12/26/13)

• 2013 - PL 112-239: ‘National Defense Authorization Act for Fiscal Year 2013’ SEC. 1027. Prohibition On The Use Of Funds For The Transfer Or Release Of Individuals Detained At United States Naval Station, Guantanamo Bay, Cuba. (PL 112-239, President Obama Signed 1/2/2013)

• 2012 - PL 112-81: ‘National Defense Authorization Act for Fiscal Year 2012’: SEC. 1027. Prohibition On The Use Of Funds For The Transfer Or Release Of Individuals Detained At United States Naval Station, Guantanamo Bay, Cuba. (PL 112-81, President Obama Signed 12/31/11)

• 2011 - PL 111-383 – ‘Ike Skelton National Defense Authorization Act for Fiscal Year 2011’: SEC. 1032. Prohibition On The Use Of Funds For The Transfer Or Release Of Individuals Detained At United States Naval Station, Guantanamo Bay, Cuba. (PL 111-383, President Obama Signed1/7/2011)

• 2010 - PL 111-84 - ‘National Defense Authorization Act for Fiscal Year 2010’: SEC. 1041. Limitation On Use Of Funds For The Transfer Or Release Of Individuals Detained At United States Naval Station, GUANTANAMO BAY, CUBA. (PL 111-84, President Obama Signed 10/28/09)

CANDIDATE OBAMA: ‘We're Not Doing An End-Run Around Congress’

OBAMA CAMPAIGN PROMISE: ‘We're not doing an end-run around Congress’ “Everybody’s got their own role. Congress’s job is to pass legislation. The president can veto it or he can sign it. … I believe in the Constitution and I will obey the Constitution of the United States. We're not going to use signing statements as a way of doing an end-run around Congress.” (Sen. Barack Obama, Campaign Event At Billings West High School, Billings, MT, 5/19/08)

PRESIDENT OBAMA: ‘There Are Laws On The Books That I Have To Enforce’

PRESIDENT OBAMA: “America is a nation of laws, which means I, as the President, am obligated to enforce the law. I don't have a choice about that. That's part of my job. … The executive branch’s job is to enforce and implement those laws. And then the judiciary has to interpret the laws. There are enough laws on the books by Congress that are very clear … that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.” (President Obama, Univision Townhall, 3/28/11)

• OBAMA: “I swore an oath to uphold the laws on the books … Now, I know some people want me to bypass Congress and change the laws on my own. Believe me, the idea of doing things on my own is very tempting. I promise you. Not just on immigration reform. But that's not how our system works. That’s not how our democracy functions. That's not how our Constitution is written.” (President Obama, Remarks To The National Council Of La Raza, 7/25/11)

• OBAMA: ‘I can't just make the laws up by myself.’ “If Congress has laws on the books… there's a limit to the discretion that I can show because I am obliged to execute the law. That's what the Executive Branch means. I can't just make the laws up by myself.” (President Obama, Univision Interview, 10/25/10)

• OBAMA: “I know some here wish that I could just bypass Congress and change the law myself. But that’s not how democracy works. See, democracy is hard. But it’s right. Changing our laws means doing the hard work of changing minds and changing votes, one by one.” (President Obama, Commencement Address At Miami Dade College, 4/29/11)

• OBAMA: “I just have to continue to say this notion that somehow I can just change the laws unilaterally is just not true. …the fact of the matter is there are laws on the books that I have to enforce.” (President Obama, Remarks In An ‘Open For Questions’ Roundtable, 9/28/11)

• OBAMA: “There is a notion that somehow if I had worked it hard enough, we could have magically done it. That's just not the way our system works.” (President Obama, Univision Interview, 10/25/10)

PRESIDENT OBAMA: ‘I’m Not The Emperor Of The United States’

PRESIDENT OBAMA: “The problem is that I’m the president of the United States, I’m not the emperor of the United States. My job is to execute laws that are passed.” (President Obama, Google Hangout, 2/14/13)

• OBAMA: “…I am president, I am not king. I can't do these things just by myself.” (President Obama, Univision Interview, 10/25/10)

• OBAMA: “Well, I think it is important to remind everybody that, as I said I think previously, and I'm not a king. I am the head of the executive branch of government. I'm required to follow the law.” (President Obama, Univision Interview, 1/30/13)

• OBAMA: “But the most important thing that we can do is to change the law because the way the system works -- again, I just wanna repeat, I'm president, I'm not king.” (President Obama, Univision Interview, 10/25/10)