In a rare, bipartisan defeat for President Barack Obama, the Senate voted overwhelmingly Wednesday to keep the prison at Guantanamo Bay open for the foreseeable future and forbid the transfer of any detainees to facilities in the United States.
Democrats lined up with Republicans in the 90-6 vote that came on the heels of a similar move a week ago in the House, underscoring widespread apprehension among Obama's congressional allies over voters' strong feelings about bringing detainees to the U.S. from the prison in Cuba.
The president readied a speech for Thursday on the U.S. fight against terrorism, at a time when liberals have chafed at some of his decisions.
Meanwhile, an Obama administration official said that the administration plans to announce Thursday that a top al-Qaida suspect held at Guantanamo Bay will be sent to New York for trial.
Ahmed Ghailani would be the first Guantanamo detainee brought to the U.S., and the first to face trial in a civilian criminal court.
Obama has vowed to close the prison by January 2010, and the Senate's vote was not the final word on the matter. It will be next month at the earliest before Congress completes work on the legislation, giving the White House time pursue a compromise that would allow the president to fulfill his pledge.
But Obama's maneuvering room was further constrained during the day when FBI Director Robert Mueller told a congressional panel that he had concerns about bringing Guantanamo Bay detainees to prisons in the United States. Among the risks is "the potential for individuals undertaking attacks in the United States," said Mueller, who was appointed by President George W. Bush in 2001 and is serving a 10-year fixed term in office.
Judge rules on detainees
Additionally, U.S. District Judge John Bates ruled this week that some prisoners — but not all — can be held indefinitely at Guantanamo without being charged, thus increasing the pressure on the administration to develop a plan for the men held there.
After the Senate vote, White House press secretary Robert Gibbs said, "The president understands that his most important job is to keep the American people safe and that he is not going to make any decision or any judgment that imperils the safety of the American people."
He added Obama has not yet decided where some of the detainees will be sent. A presidential commission is studying the issue.
There was no suspense in the moments leading to the Senate vote, although Democrats maneuvered to take political credit for denying Obama funds he sought to close the prison. They hoped to negate weeks of Republican warnings about the danger involved.
Sen. Daniel Inouye, D-Hawaii, chairman of the Appropriations Committee, favors closing Guantanamo, and the legislation his panel originally sent to the floor provided money for that purpose once the administration submitted a plan for the shutdown.
In changing course and seeking to delete the funds, he said, "The fact that the administration has not offered a workable plan at this point made that decision rather easy."
All six opponents of the proposal were Democrats, including Sens. Dick Durbin of Illinois, Tom Harkin of Iowa, Patrick Leahy of Vermont, Carl Levin of Michigan, and Jack Reed and Sheldon Whitehouse of Rhode Island.
Obama wanted $80 million for closure
The administration asked for $80 million to close the facility. Obama promised repeatedly as a presidential candidate to shut down the prison, calling it a blot on the international image of the United States.
Even in voting to deny him the funds, Obama's Democratic allies insisted the president was fundamentally correct.
"Guantanamo is used by al-Qaida as a symbol of American abuse of Muslims and is fanning the flames of anti-Americanism around the world," said Sen. Dianne Feinstein of California.
And Senate Majority Leader Harry Reid of Nevada, who had said on Tuesday he opposed allowing detainees to be transferred to U.S. prisons, signaled he might change his mind on that point. "If the administration proposes a plan that recommends the transfer of some detainees to American prisons, he will evaluate it carefully and make a judgment at that time," said spokesman Jim Manley.
Vote was a GOP victory
The lopsided vote was a victory for the Senate Republicans, who have recently turned their attention to Obama's policies on foreign policy and terrorism after failing to make headway in criticizing his economic program.
Sen. Mitch McConnell, R-Ky., has delivered numerous speeches in recent weeks raising pointed questions about Obama's plans to close the prison without first explaining where the men held there would be sent. "For months, we have been saying what Senate Democrats now acknowledge: that because the administration has no plan for what to do with the 240 detainees at Guantanamo, it would be irresponsible and dangerous for the Senate to appropriate the money to close it," McConnell said shortly before the vote.
The Republican leader also won approval for a separate terror-related provision later in the day. On a vote of 92-3, the Senate agreed to require the administration, before releasing any detainee, to inform Congress of the likelihood that he would return to terrorism. It also would report on any effort al-Qaida may be making to recruit detainees once they're released from U.S. custody.
Pledged a change to terrorism policy
Obama came to office pledging a dramatic change in George W. Bush's terrorism policy. In the months since, he has woven an uncertain course, occasionally angering liberals.
He first backed the cancellation of military tribunals for prisoners, then announced he wanted them resumed with greater legal protections for the accused. Last week, he reversed course on another issue, deciding to appeal a court-ordered release of prisoner-abuse photos taken at Abu Ghraib in Iraq.
Several Republicans praised Obama for those very steps.
"I commend him for being very willing to change his opinion in light of having access to the intelligence he didn't have access to" as a candidate, said Sen. Orrin Hatch of Utah.
FBI Director Mueller made his comments before the House Judiciary Committee.
Prodded by Rep. Jerrold Nadler, D-N.Y., to agree that Guantanamo detainees could be kept safely in maximum security prisoners in the United States, Mueller declined. He noted that in some instances gang leaders have run their gangs from inside prisons.
If Reid has appeared equivocal on the possible transfer of prisoners, Sen. Richard Durbin of Illinois, the second-in-command among Democrats, pointed out that no one has ever escaped from a federal "supermax" prison and that 347 convicted terrorists are among those held in them.
That drew some support from Sen. Lindsey Graham, R-S.C. "The idea that we cannot find a place to securely house 250-plus detainees within the United States is not rational," he said.
Not all Republicans were thinking along the same lines.
"No good purpose is served by allowing known terrorists, who trained at terrorist training camps, to come to the U.S. and live among us," said Rep. Lamar Smith of Texas. "Guantanamo Bay was never meant to be an Ellis Island."