Attorney Gen. Eric Holder Jr. fired off a letter Thursday to Senate leaders urging them not to pass legislation blocking the administration from moving Guantanamo terrorist suspects to U.S. soil.
“This provision goes well beyond existing law and would unwisely restrict the ability of the Executive branch to prosecute alleged terrorists in Federal courts or military commissions in the United States as well as its ability to incarcerate those convicted in such tribunals,” Holder wrote to Senators Harry Reid and Mitch McConnell.
The letter came at the heels of House vote approving legislation to bar transfers.
Passage would put the kabosh on the administration’s hopes of trying some terrorist suspects in U.S. federal court.
“It would therefore be unwise, and would set a dangerous precedent with serious implications for the impartial administration of justice, for Congress to restrict the discretion of the Executive branch to prosecute terrorists in these venues,” Holder wrote. “The exercise of prosecutorial discretion has always been and must remain an Executive branch function. ”
To read the full letter click here.