Judge Nap: Congress Can’t Stop Pres From Closing Gitmo

My friend, the great constitutionalist Judge Andrew Napolitano, says Congress can’t stop the president from closing Gitmo.

The Congress can deny the funds for a particular budget item, but it cannot prohibit the President from closing Gitmo or moving the detainees wherever he wants. He has the power under Bush-era legislation to move defense budget items from one column to another, to open and close bases and prisons at will, and to put the detainees wherever he wants. Isn’t it odd that Republicans trusted President Bush with these powers, but Democrats do not trust President Obama with them? I have been to Gitmo. As a physical plant, it is superior to many US prisons. However, it blatantly violates the Constitution and numerous federal statutes and SCOTUS decisions about the power of the government to confine persons-whether citizen or alien, whether lawful or unlawful combatant, whether they wish us well or ill-against their will. The laws apply to all persons and the government will have no choice but to close Gitmo.

I keep hearing the argument that the Constitution applies only to US citizens. It does not. It applies to “persons”, not just citizens.  Our founding fathers set forth a set of values and principles with remarkable foresight, given that their tenets can be applied in so many ways so many years later.  We best observe them or lose our moral bearings.

By: Alan

Alan Colmes is the publisher of Liberaland.