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Lynch also assured Rep. Jim Sensenbrenner, R-Wisconsin, that Obama cannot transfer Guantánamo Bay, Cuba, detainees to federal prison in the United States over Congress’ prohibition.
Asked if she believed the ban to be unconstitutional and unenforceable, as argued in a Washington Post op-ed by former White House counsel Gregory Craig and former special envoy for Guantánamo closure Cliff Sloan, Lynch told Sensenbrenner, “only very rarely would we take the step of finding that an unconstitutional provision was something that we could not manage.”
Republicans were not the only ones asking Lynch tough questions. Rep. Judy Chu, D-California, criticized the Justice Department’s pursuing several Chinese-American scientists on spying allegations, only to drop the charges. Chu noted that two of them, Temple University physics professor Xiaoxing Xi and National Weather Service hydrologist Sherry Chen, were sitting two rows behind Lynch.
“Are all Chinese-American scientists are suspect because they are Chinese-Americans,” Chu asked. “And what went wrong in these cases and how are you addressing this internally?”
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