W.H. Won’t Rule out Obama Using Executive Order to Move Gitmo Detainees to U.S.

RUSH TRANSCRIPT:
KARL: "But, Josh, given what you just said and given what Loretta lynch said back in November when he said with respect to individuals being transferred to the United States, the law currently does not allow that, certainly it is the position of the department of justice that we would follow the law of the land in regard to that issue. So given that it would be against the law to bring detain knees at Guantanamo bay to the United States, is it safe to say that if Congress does not act to change the law, then the prison at Guantanamo bay will not be closed?"
EARNEST: "Well, John, I'm not ready to arrive at that conclusion. What we're focused on right now is congressional consideration of a plan that they specifically asked for so that we can have a discussion about the best path forward. So it's, I think it's clear based on the fact that we've submitted this plan to Congress right on the deadline and the time frame that they're asked for that we're interested in a robust congressional consultation about this."
KARL: "Okay, but wait a minute. I'm -- I don't understand how you can say that you're not willing to rule that out. It's against the law. The law says -- as I think you just said from the podium and, certainly, the attorney general of the United States said in congressional testimony and, in fact, defense secretary said just last month in congressional territory -- it is against the law to move those detainees to the United States. So unless you're just going to let them all go, how could you close down that prison?"
EARNEST: "Well, first of all, nobody's talking about letting them all go."
KARL: "Okay."
EARNEST: "So we put forward this very specific plan for how these individuals can either be safely transferred to other countries, how they can go through a criminal justice process or how they can be safely incarcerated here in the United States. That is a cost effective plan that is consistent with our --"
KARL: "Congressional reaction to that plan."
EARNEST: "Well, again, what I have seen is the plan that we have put forward actually lay out exactly why what we are, what our argument is reflects the facts. It reflects the facts that we can save money by doing it in the way that we've outlined, and it reflects the need to protect our national security. And we're interested in this serious conversation with Congress about this. Look, there is this emerging trend in Congress that has worsened in just the last few weeks where Congress isn't even, isn't simply in a position of just saying no. Congress is actually refusing to engage. They're not just actively saying no, they're refusing to do the basic function of their job. They're refusing to consider the Gitmo plan, they're refusing to even consider the president's nominee to the supreme court, they're refusing to even take any sort of action on an AUMF, and they've refused to even convene a hearing to discuss the president's budget with the president's budget director, something that has happened every year for the last 40 years. So I'm not exactly sure what they're doing this Congress. They're doing just about everything except for fulfilling their basic --"
KARL: "On this case Congress has acted, and they've acted repeatedly in a bipartisan fashion to say, no, they don't want detainees from Guantanamo bay brought to the united States. So I'm asking you if they don't act on this, if they don't approve this plan they've just outlined, can the president still close that detention facility before --" 
EARNEST: “I don't John, Congress specifically –“
KARL: “He still do it?”
EARNEST: “They specifically requested this on this time frame, and we have provided it to them. What they have done thus far is put in place barriers that have prevented the administration from moving forward in this way. But by putting those barriers in place, they have led us down the path of a policy that wastes taxpayer dollars and makes the United States of America more vulnerable to terrorist organizations.”
KARL: “You're not answering -- it's a really simple question. If those barriers remain in place, can you still close that facility? Yes or no.”
EARNEST: ‘Well, the president himself has considered this question, and what he has said publicly is that our focus is going to be working with Congress. And that requires presenting them a specific plan on the time frame that they asked for. That's exactly what we've done, and we're asking for Congress to give it fair consideration. And I'm not going to speculate at this point if Congress refuses to do that.”