ACLU to the President: Issue an Instructive Signing Statement or Veto the Bill

The ACLU has sent a letter to President Obama that takes an interesting position on the detainee transfer provisions in the Defense Authorization Act for FY11.  First, it points out that the constraints only apply vis-a-vis the expenditure of DOD funds, thus leaving open the possibility of using DOJ, DHS, or State Department resources to effectuate transfers.  The letter takes the position that the President should issue what amounts to an instructive signing statement, setting forth this understanding publicly.  The letter also notes that the President might for unspecified reasons conclude that the new legislation does amount to a complete restriction on his transfer options, in which case it encourages him not to issue a signing statement but rather, pace Ben, to veto the legislation outright.  Not because it would infringe any Article II prerogatives, mind you, but rather on the theory that a complete transfer ban would amount to a bill of attainder.