Holder Warns Congress Against Bill Banning Transfer of Gitmo Detainees to U.S.

CBS/AP

Attorney General Eric Holder today sent a letter to leaders in the Senate warning them against legislation that would prohibit the transfer of Guantanamo Bay prison detainees to the United States for any purpose -- including to stand trial. The House approved the measure on Wednesday.

Holder told Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell that the proposal goes far beyond existing law and would hamper the Obama administration's attempts to prosecute the alleged terrorists in federal court or in military commissions in the United States. It would also impede the administration's efforts to move the Guantanamo detainees and close the prison.

"In order to protect the American people as effectively as possible, we must be in a position to use every lawful instrument of national power to ensure that terrorists are brought to justice and can no longer threaten American lives," Holder wrote.

The House passed the proposal, which was included in a larger spending bill, on Wednesday by a vote of 212 to 206.

In his letter, Holder called the federal court system a "powerful and well-established tool" for prosecuting terrorists and warned that limiting the Justice Department's ability to use the court system was "an extreme and risky encroachment on the authority of the Executive branch to determine when and where to prosecute terrorist suspects."

Decisions about when and where to try terrorist suspects should be determined on an individual basis, Holder said, and preventing that would have serious implications the impartiality of the justice system.

"It would be a mistake to tie the hands of the President and his national security advisers now," he said.

The legislation comes after the trial of Ahmed Ghailani, the first Guantanamo detainee to be tried in civilian court. Ghailani was convicted of one conspiracy charge but acquitted of more than 280 other charges related to the 1998 bombings of U.S. embassies in Africa. While Ghailani faces 20 years to life in prison, some called the verdict proof that the administration's plans to try alleged terrorists in federal courts risked letting alleged terrorists go free.

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Stephanie Condon is a political reporter for CBSNews.com. You can read more of her posts here. Follow Hotsheet on Facebook and Twitter.

[CarloCaraluzzo]

How insane is resistance to this measure? Here is the deal. It does not matter if they are called criminals or enemy combatants. That is up for debate because the United States has publically declared on numerous occasions that they have declared war on these people. Since Al Quada was actually a part of the Taliban and the Taliban were still in power when the United States declared war these people, if the government is claiming they are al quada, are enemy combatants.
But it does not matter. If they are criminals they have the right to a speedy trial in open court and to be defended counsil. This is a part of our ideal as a nation of justice. If they are enemy combatants they can be tried under the Uniform Code of Military Justice or in an international court under international law. In all three of these cases these men have a right to a fair trial. We represent ourselves as a nation of justice yet we keep secret prisons, ourside of our borders to avoid having to follow our laws (and on the shores of another victim of our unending hatred and paranoid natures)? Is it any wonder the rest of the world sees us in a negative light.
Yet Harry Reid wants this travesty of justice. If you have evidence that these men were terrorists and working for al quada, put it on the table in a military court. If they are found guilty they are subject to the death penalty and they are removed from being any threat to us. But if they are innocent I suggest you whip out your wallet and pay these men for the years you took from them.

[stn_sage]

The more Holder 'goes public' the more he 'puts his foot in his mouth' and the less he appears to be competent! But, he's wrong! It's not up to the Executive Branch to decide when, where, or how these prisoners get tried!
That, should be determined by the Judicial Branch; if they can't figure that out, then they probably AREN'T competent to try them, either! But, either try them or let them go! Stop this indefinite imprisonment, REAL democratic nations shouldn't act this way, it should be 'beneath' them to do so! Because, it makes them little more than war criminals!

[strikerF2]

Holder needs to get back to enforcing the immigration laws and leave the law making to the politicans,after all he works at the pleasure of Obama and can be replaced immediately.

[RobAla]

I don't want terrorists bend on killing Americans anywhere near the mainland.

[strikerF2]

variable,...again with the lies and inuendos and no proof,Get off the koolaid train.

[stn_sage]

Probably the biggest reason they don't want the PRISONERS (not detainees) brought up to the mainland and tried here, is that, then the press might actually get a chance to interview them, and the public would find out we have Jamal al Zanzibar, taxi-driver from Afghanistan being held prisoner!
And, we'd have the next round of U.S.government stupidity exposed!

[bounce-cbsnews]

Remember, you live in a country that believes they are god and can do anything they want legal or not Plus Congress is suppose to be the Legislative Branch of government and make the laws and when they say jump with a law in violation of what is in the Constitution you jump or are put on a list and may just never be seen again!!