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The difference is, McCain's heroism can be debated, whereas, Bergdahl's heroism is non-existent and there's no debate.
originally posted by: kruphix
a reply to: smithjustinb
To claim you know absolutely everything about this situation to the point of there being no debate shows how very desperate you are to paint this situation in a certain light.
1033.Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities
(a)Certification required prior to transfer
Except as provided in paragraph (2) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise available to the Department of Defense to transfer, during the period beginning on the date of the enactment of this Act and ending on December 31, 2014, any individual detained at Guantanamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) not later than 30 days before the transfer of the individual.
Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance).
Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the transfer of the individual concerned, the following:
(A)A copy of the determination and the waiver concerned.
(B)A statement of the basis for the determination, including—
(i)an explanation why the transfer is in the national security interests of the United States;
(ii)in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated; and
(iii)a classified summary of—
(I)the individual’s record of cooperation while in the custody of or under the effective control of the Department of Defense; and
(II)the agreements and mechanisms in place to provide for continuing cooperation.
(C)A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the paragraph or subsection to be waived.
(D)The assessment required by subsection (b)(2).