Former Bush senior adviser Karl Rove is warning President Barack Obama that he might have difficulty closing the detention center at Guantanamo Bay because detainees imprisoned by the previous administration were not read their Miranda rights.
At a White House press conference on Tuesday, the president said that he would make another effort to close the detention center after it had been recently reported that prisoners there were waging hunger strikes and risking death due to the hopelessness of indefinite detention without trial.
"It' is not a surprise to me that we are having problems at Guantanamo," the president told reporters. "I am going to reengage with Congress that this is not in the best interest of the American people."
Following Obama's press conference, Rove insisted to Fox News that the notion of trying enemy combatants in U.S. courts was "unconventional" because prison camps had been used during World War II.
Fox News host Jon Scott agreed there would "all kinds of thorny issues" the government moved to prosecuted detainees in civilian courts.
"Yeah, were they Mirandized?" Rove agreed. "And remember if you try them on U.S. soil and they're found not guilty or you have a hung jury, they can stay here in the United States. We had this experiment begun under the Bush administration where we tried to identify people who were no longer a risk and sent them back to the country they came, and found within a brief period of time -- six months or a year -- that as many as a third of them were back as Al-Qaeda attacking U.S. and our allies."
"So, there's no good answer to this."
The Bush administration ignored a 2002 Department of Justice memorandum and made the decision not to advise Guantanamo detainees of their Miranda right to remain silent when the Pentagon began questioning them in 2006.
Watch this video from Fox News' Happening Now, broadcast April 30, 2013.