White House Bid to Close Gitmo Hampered by Snags in Congress - WSJ.com

Image by stormbear via Flickr

By EVAN PEREZ

WASHINGTON -- President Barack Obama's order to close the Guantanamo Bay prison by January faces snags in Congress that some of the president's supporters say result from a lack of White House muscle.

The Obama administration won a measure of support last week when House and Senate negotiators agreed on a joint Homeland Security appropriations bill that allows Guantanamo prisoners to be transferred to the U.S. for prosecution if the administration provides a plan for handling each detainee case.

However, just days before, in the full House, lawmakers overwhelmingly passed nonbinding resolutions barring the transfer of prisoners, even for trial.

Both the House and Senate must now sort out what to do when the Homeland Security appropriations legislation reaches the floor.

Republicans assailed the Homeland Security legislation because the language allowing some prisoner transfers emerged during last-minute conference negotiations instead of during earlier committee hearings. Republicans are calling for stronger prohibitions on moving Guantanamo prisoners to the U.S. and hope to use the votes in the full Senate and House to highlight what they describe as dangerous Democratic policies.

Rep. Jerry Lewis (R., Calif.), the ranking Republican on the House Appropriations Committee, said Democrats in the Homeland Security bill "defied the will of Congress and the American people and have voted to allow terrorist detainees to be brought onto American soil at taxpayer expense."

Supporters of closing Guantanamo quickly are criticizing the White House, saying the administration has a scattershot approach toward corralling Democrats in Congress. "There hasn't been a visible effort to make the case," said Tom Malinowski, Washington advocacy director for Human Rights Watch. He said the White House effort has lacked a "point person" for the issue on Capitol Hill and the president himself hasn't spoken out.

"There's nothing outside groups can do to meet the cynical criticism in Congress, to buck up the president's supporters if he's not seen talking about these issues himself," Mr. Malinowski said.

Administration officials acknowledge they will likely not meet the president's January deadline to close the prison, where 221 detainees remain after Friday's announced transfer of prisoners to Belgium and Kuwait. Even if some are allowed to come to the U.S. to face trial, the Obama administration still has no clear route for dealing with those it says must be held indefinitely without trial.

Administration officials play down criticism about their Guantanamo management. They cite the Homeland Security appropriations bill as a sign that the administration's fortunes on Guantanamo are turning around.

The administration last week also won House passage of legislation that makes changes Mr. Obama sought to military commissions, a Bush-era creation that the Obama administration wants to use in modified form to try some detainees. Just because the administration's lobbying isn't visible doesn't mean it isn't happening and gaining traction, White House officials said.

A White House aide, citing the Homeland Security bill, said: "Allowing transfers for trial is a positive development that will allow us to bring many of the detainees at Guantanamo Bay to swift and certain justice. President Obama, President Bush, and Sen. McCain all publicly committed to closing Guantanamo and prosecuting detainees when possible because it is in our national security interest, and we will continue our dialogue with Congress to ensure those goals are achieved."

Mr. Obama's Jan. 22 executive order calling for closure of Guantanamo within a year was part of the new president's symbolic sweeping away of the Bush administration's terrorism policies, which helped win him international support.

But moving beyond the symbolism has proved difficult for the president and top officials.

The closure was initially managed by White House Counsel Greg Craig but is now under the direction of the National Security Council, following missteps.

Attorney General Eric Holder, at a briefing with reporters last Tuesday, a day before the deal was worked out on the Homeland Security appropriations bill, expressed frustration that lawmakers keep citing security concerns about housing Guantanamo detainees in federal prisons.

"The restrictions that we've had to deal with on the Hill give me great concern," he said. "We have to get up on the Hill -- maybe people like myself have to get up there and speak to those members who have concerns." Pressed by reporters on whether he personally would make the administration's case to Congress, Mr. Holder said, "I'm sure that at some point I will."

Write to Evan Perez at evan.perez@wsj.com