Obama broke the law when he released the GITMO detaniees

[Lovebears65]

Greta Van Susteren
wrote this on her face book this morning..


The law (2014 National Defense Authorization Act) requires that President Obama notify Congress 30 days before releasing anyone from Gitmo. He did not do that. He unilaterally released the 5 from Gitmo a few days ago. He claims he had no choice – that there were urgent circumstances (Bergdahl’s health and a window of opportunity.)


I am all for taking advantages of a rare window of opportunity if indeed urgent (and REAL - but VERY RARE WITH NO GOOD ALTERNATIVES - emergencies can arise excusing one from strict compliance with a law) but the President should have simply picked up the phone and notified Senate Majority Leader Reid, Speaker Boehner and the Chairs of the Senate Intel Committee and House Intel Committee. Those calls would have taken 3 minutes and he could even have dispatched his Vice President to make the calls. Had he made those calls, it would show he did not have a disregard for the law, but that he understands the law and respects it. It may not have complied with the letter of the law but would have shown no intent to violate the law.

His failure to make those simple calls – or some similar quick notification – shows a disturbing disregard for the law.

PS – if it turns out he did make those calls and they were not reported, they should have been and in a widespread manner. I have not seen a report about those calls.

And if it turns out he made those calls before the release of the 5 from Gitmo but Members of Congress are hiding that fact, shame on them. That would be dirty.

====

Notes about the 2014 National Defense Authorization Act: there is not only a 30 day notification requirement, but also this: the administration must make the determination that the risk posed by the release of the Gitmo detainee will be substantially mitigated and that the transfer is in the national security interests of the United States.

 

[NYcarbineer]

And you broke the rules of the forum by starting a duplicate thread on an already active topic.

 

[Sallow]

Well no.

First off, the President, as codified in the Constitution is the Commander In Chief. He's responsible for the prosecution of any war the United States is a participant in.

Additionally the Authorization to Use Military Force, gives the President very board powers regarding all aspects of the Afghanistan war.

If that isn't enough, the treatment of the detainees in terms of US law, the Constitution and the Geneva Convention is actually pretty problematic.

I kinda hope conservatives make this an issue. Like so many other things, it will bite them in the ass.

 

[Lovebears65]

So your saying the "this" president is above the law.. I know you would not be saying the same thing if a Rep did the same thing..

Well no.

First off, the President, as codified in the Constitution is the Commander In Chief. He's responsible for the prosecution of any war the United States is a participant in.

Additionally the Authorization to Use Military Force, gives the President very board powers regarding all aspects of the Afghanistan war.

If that isn't enough, the treatment of the detainees in terms of US law, the Constitution and the Geneva Convention is actually pretty problematic.

I kinda hope conservatives make this an issue. Like so many other things, it will bite them in the ass.

 

[Sallow]

So your saying the "this" president is above the law.. I know you would not be saying the same thing if a Rep did the same thing..

Well no.

First off, the President, as codified in the Constitution is the Commander In Chief. He's responsible for the prosecution of any war the United States is a participant in.

Additionally the Authorization to Use Military Force, gives the President very board powers regarding all aspects of the Afghanistan war.

If that isn't enough, the treatment of the detainees in terms of US law, the Constitution and the Geneva Convention is actually pretty problematic.

I kinda hope conservatives make this an issue. Like so many other things, it will bite them in the ass.

So you didn't read my post.

 

[Stephanie]

It's unbelievable more people aren't calling for Obama to be Impeached
we are so gone as country of laws by allowing this man and administration roll right over we the people and our Representation IN CONGRESS
and now we have HIM releasing terrorist back into our military men and women's mist
__________________

 

[tinydancer]

Well no.

First off, the President, as codified in the Constitution is the Commander In Chief. He's responsible for the prosecution of any war the United States is a participant in.

Additionally the Authorization to Use Military Force, gives the President very board powers regarding all aspects of the Afghanistan war.

If that isn't enough, the treatment of the detainees in terms of US law, the Constitution and the Geneva Convention is actually pretty problematic.

I kinda hope conservatives make this an issue. Like so many other things, it will bite them in the ass.

30 day notification to Congress. He just signed it into law last year. And the White House says that they "had to break the law" so the Administration disagrees with your assessment.

 

[Stephanie]

Here comes the excuses for their Dear wonderful terrorist sympathizer not a leader in anything BREAKING the very laws he signed

unbelievable

 

[JakeStarkey]

So your saying the "this" president is above the law.. I know you would not be saying the same thing if a Rep did the same thing..

You know nothing, Lovebears Snow.

The CiC may do things in times of war that otherwise s/he could not do.

That is the same whether the prez is dem or pub.

Step along.

 

[tinydancer]

So your saying the "this" president is above the law.. I know you would not be saying the same thing if a Rep did the same thing..

You know nothing, Lovebears Snow.

The CiC may do things in times of war that otherwise s/he could not do.

That is the same whether the prez is dem or pub.

Step along.

A heads up Jake. It's for real. And they admit breaking the law claiming that Bowe was in imminent danger. If the swap wasn't made now they claimed his recovery would have been lost.

No matter the reason, the law was broken.

The language from the defense authorization law is clear: the administration cannot transfer a detainee without congressional notification 30 days prior.

As aides from the Armed Services Committee pointed out Monday, the Defense Department called the committee on May 31 to notify them that a prisoner exchange was underway, and while the committee received a congressional notification on Monday, that was after the transfer, not 30 days in advance of it, as required by law.

McKeon: Obama Broke Law in Bergdahl-Guantanamo Prisoner Swap (Updated) | 218

And here is Susan Rice admitting it on the Sunday talk show circuit.

White House National Security Adviser Susan E. Rice said Sunday that because officials were concerned about Bergdahl’s health, there wasn’t time to notify Congress.

“It was determined that it was necessary and appropriate not to adhere to the 30-day notification requirement, because it would have potentially meant that the opportunity to get Sgt. Bergdahl would have been lost,” she said.

The law McKeon refers to is the fiscal 2014 National Defense Authorization Act, which, in addition to the 30-day notification requirement, requires the administration to determine that one: the risk posed by the detainee will be substantially mitigated, and two: that the transfer is in the national security interests of the United States.

 

[Sallow]

Well no.

First off, the President, as codified in the Constitution is the Commander In Chief. He's responsible for the prosecution of any war the United States is a participant in.

Additionally the Authorization to Use Military Force, gives the President very board powers regarding all aspects of the Afghanistan war.

If that isn't enough, the treatment of the detainees in terms of US law, the Constitution and the Geneva Convention is actually pretty problematic.

I kinda hope conservatives make this an issue. Like so many other things, it will bite them in the ass.

30 day notification to Congress. He just signed it into law last year. And the White House says that they "had to break the law" so the Administration disagrees with your assessment.

They were in negotiation for 5 years.

And? I do not think this law overrules the Constitution and the AUMF.

But..I could be wrong.

We'll see.

 

[Stephanie]

our dictator and master's in the US GOVERMENT lords over us...we should practice bowing

SNIP:
Obama says 'absolutely' a risk in freeing Taliban inmates, but defends Bergdahl swap


Published June 03, 2014
·FoxNews.com

President Obama, in his first public comments on the controversial trade of five Taliban prisoners for Sgt. Bowe Bergdahl since the deal was announced, acknowledged Tuesday there's "absolutely" a risk that the former Guantanamo inmates will try to return to the battlefield -- but nevertheless defended the deal as in America's interest.

"I wouldn't be doing it if I thought that it was contrary to American national security," Obama said.










The president is facing heavy criticism from Congress for negotiating with the Taliban and for proceeding with the prisoner swap without telling lawmakers in advance. Sen. John McCain, R-Ariz., in an interview with Fox News on Monday, said the prisoners -- high-ranking Taliban leaders -- are "hell-bent on killing Americans."

Speaking in Poland at the first stop of a European tour, Obama did not deny that the prisoners could try again to target Americans.

"Is there the possibility of some of them trying to return to activities that are detrimental to us? Absolutely," Obama said. "That's been true of all the prisoners that were released from Guantanamo. There's a certain recidivism rate that takes place."

But he said the Qataris, who are supposedly watching over the newly freed Taliban prisoners, are monitoring them, as is the United States. He claimed America will be "keeping eyes on them."

The president also responded to concerns about Bergdahl's conduct, and questions over whether he had effectively deserted when he walked off his post in 2009, only to be captured by the Taliban.

ALL of it here
Obama says 'absolutely' a risk in freeing Taliban inmates, but defends Bergdahl swap | Fox News

 

[Sallow]

It's unbelievable more people aren't calling for Obama to be Impeached
we are so gone as country of laws by allowing this man and administration roll right over we the people and our Representation IN CONGRESS
and now we have HIM releasing terrorist back into our military men and women's mist
__________________

I'd love it.

Conservatives would again show their arrogance, partisanship and total ignorance of the United States Constitution.

Hopefully they get this underway before November.

 

[Stephanie]

It's unbelievable more people aren't calling for Obama to be Impeached
we are so gone as country of laws by allowing this man and administration roll right over we the people and our Representation IN CONGRESS
and now we have HIM releasing terrorist back into our military men and women's mist
__________________

I'd love it.

Conservatives would again show their arrogance, partisanship and total ignorance of the United States Constitution.

Hopefully they get this underway before November.

you represent all those plus UnAmerican comes to mind when you care more for a President and party over you country and fellow men and women in it

 

[dilloduck]

It's unbelievable more people aren't calling for Obama to be Impeached
we are so gone as country of laws by allowing this man and administration roll right over we the people and our Representation IN CONGRESS
and now we have HIM releasing terrorist back into our military men and women's mist
__________________

I'd love it.

Conservatives would again show their arrogance, partisanship and total ignorance of the United States Constitution.

Hopefully they get this underway before November.

Presidents are SWORN to uphold the law in the Constitution.

 

[Stephanie]

It's unbelievable more people aren't calling for Obama to be Impeached
we are so gone as country of laws by allowing this man and administration roll right over we the people and our Representation IN CONGRESS
and now we have HIM releasing terrorist back into our military men and women's mist
__________________

I'd love it.

Conservatives would again show their arrogance, partisanship and total ignorance of the United States Constitution.

Hopefully they get this underway before November.

Presidents are SWORN to uphold the law in the Constitution.

all those defending this are traitors also as far as I'm concerned

 

[tinydancer]

Well no.

First off, the President, as codified in the Constitution is the Commander In Chief. He's responsible for the prosecution of any war the United States is a participant in.

Additionally the Authorization to Use Military Force, gives the President very board powers regarding all aspects of the Afghanistan war.

If that isn't enough, the treatment of the detainees in terms of US law, the Constitution and the Geneva Convention is actually pretty problematic.

I kinda hope conservatives make this an issue. Like so many other things, it will bite them in the ass.

30 day notification to Congress. He just signed it into law last year. And the White House says that they "had to break the law" so the Administration disagrees with your assessment.

They were in negotiation for 5 years.

And? I do not think this law overrules the Constitution and the AUMF.

But..I could be wrong.

We'll see.

On this point there truly is no gray and the Administration has admitted they broke the law.

Dang this old box is so slow. Sorries.

This link has both plain language and legalese. I'm not bullshitting here. Waaaaaaay more at the link. I just grabbed the notification part. My eyes were glazing over trying to read the rest of it. I need more coffee.

(d) Notification- The Secretary of Defense shall notify the appropriate committees of Congress of a determination of the Secretary under subsection (a) or (b) not later than 30 days before the transfer or release of the individual under such subsection. Each notification shall include, at a minimum, the following:

(1) A detailed statement of the basis for the transfer or release.

(2) An explanation of why the transfer or release is in the national security interests of the United States.

(3) A description of any actions taken to mitigate the risks of reengagement by the individual to be transferred or released, including any actions taken to address factors relevant to a prior case of reengagement described in subsection (c)(3).

(4) A copy of any Periodic Review Board findings relating to the individual.

(5) A description of the evaluation conducted pursuant to subsection (c), including a summary of the assessment required by paragraph (6) of such subsection.

Yes, Obama Did Break the Law by Trading Guantanamo Terrorists for Bergdahl | ConservativeHQ.com

 

[BlindBoo]

Finally, where did he find his balls?

The Congress would have leaked the information about the negotiations and scuttled the exchange, imo.

Now lets get our troops home and make sure no more Americans die in that nation building exercise. But let us also make sure that the Afghans know we will not hesitate to strike any terrorist group operating within their boarder that still seeks to pursue al Qaeda's war on America.

 

[Sallow]

It's unbelievable more people aren't calling for Obama to be Impeached
we are so gone as country of laws by allowing this man and administration roll right over we the people and our Representation IN CONGRESS
and now we have HIM releasing terrorist back into our military men and women's mist
__________________

I'd love it.

Conservatives would again show their arrogance, partisanship and total ignorance of the United States Constitution.

Hopefully they get this underway before November.

Presidents are SWORN to uphold the law in the Constitution.

And where in the Constitution does it say that all members of Congress are commanders in chiefs?

Quite honestly? That part of the NDA, is Unconstitutional. As are other parts of it.

Hopefully this winds up in the Supreme Court.

They should not have that sort of power over prisoners of war.

 

[Sallow]

30 day notification to Congress. He just signed it into law last year. And the White House says that they "had to break the law" so the Administration disagrees with your assessment.

They were in negotiation for 5 years.

And? I do not think this law overrules the Constitution and the AUMF.

But..I could be wrong.

We'll see.

On this point there truly is no gray and the Administration has admitted they broke the law.

Dang this old box is so slow. Sorries.

This link has both plain language and legalese. I'm not bullshitting here. Waaaaaaay more at the link. I just grabbed the notification part. My eyes were glazing over trying to read the rest of it. I need more coffee.

(d) Notification- The Secretary of Defense shall notify the appropriate committees of Congress of a determination of the Secretary under subsection (a) or (b) not later than 30 days before the transfer or release of the individual under such subsection. Each notification shall include, at a minimum, the following:

(1) A detailed statement of the basis for the transfer or release.

(2) An explanation of why the transfer or release is in the national security interests of the United States.

(3) A description of any actions taken to mitigate the risks of reengagement by the individual to be transferred or released, including any actions taken to address factors relevant to a prior case of reengagement described in subsection (c)(3).

(4) A copy of any Periodic Review Board findings relating to the individual.

(5) A description of the evaluation conducted pursuant to subsection (c), including a summary of the assessment required by paragraph (6) of such subsection.

Yes, Obama Did Break the Law by Trading Guantanamo Terrorists for Bergdahl | ConservativeHQ.com

Yup.

And it looks like it is in violation of this:

Section 2.

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.