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Obama did not comply with the law requiring presidents to notify Congress 30 days before such exchanges of prisoners at Guantanamo. Politico can be cited about this not because among the media it is exceptionally, well, understanding of Obama’s exuberant notion of executive latitude but because it is not. Politico headlined a story on his noncompliance with the law “Obama May Finally Be Going Rogue on Gitmo.” It said Obama’s “assertive” act “defied Congress” — Congress, not the rule of law — in order “to get that process [of closing the prison at Guantanamo] moving.” It sent “a clear message” that “Obama is now willing to wield his executive powers to get the job done.” Or, as used to be said in extenuation of strong leaders, “to make the trains run on time.”
The 44th president, channeling — not for the first time — the 37th (in his post-impeachment conversation with David Frost), may say: “When the president does it, that means that it is not illegal.” Already the administration says events dictated a speed that precluded complying with the law.
This explanation should be accorded open-minded, but not empty-minded, consideration. It should be considered in light of the fact that as the Veterans Affairs debacle continued, Obama went to Afghanistan to hug some troops, then completed the terrorists-for-Bergdahl transaction. And in light of the fact that Obama waged a seven-month military intervention in Libya’s civil war without complying with the law (the War Powers Resolution) that requires presidents to terminate within 60 to 90 days a military action not authorized or subsequently approved by Congress.
The president defied Congress over the weekend, ignoring a 30-day notice rule required by law to greenlight the transfer to Qatar of five alleged members of the Taliban held at Guantánamo in exchange for the release of Army Sgt. Bowe Bergdahl in Afghanistan.
National Security Adviser Susan Rice said the Justice Department and the Pentagon signed off on skipping the legally required notification. Still, that move didn’t sit well with some Republicans — with criticism of the swap only growing louder in the days since, particularly as reports resurfaced that Bergdahl may have voluntarily walked off his base unarmed in 2009.
Veteran Democrat senators and rookie candidates alike are questioning the legality of Mr. Obama's release of the five top terrorists at Guantánamo in return for a soldier alleged to be a deserter by soldiers who served with him. Congress was not consulted by the President for approval according to law.
- Lawmakers are upset with President Barack Obama for going around their back to get Sgt. Bowe Bergdahl released.
- The president violated a law requiring him to give Congress 30 days notice before releasing prisoners from Guantanamo Bay, Republicans say
- 'He completely ignored it. He's gone rogue,' Florida Republican Sen. Marco Rubio told MailOnline
- The White House has since apologized for the 'oversight'
Last weekend, a team of Navy SEALs kidnapped a Libyan, Abu Anas al-Libi, off of a public street in Tripoli. The Navy men did not have a warrant for his arrest, did not have the permission of the local authorities or the Libyan government to carry out this kidnapping, and were unlawfully present bearing arms in public in Libya. Many of al-Libi’s alleged accomplices already had been arrested, prosecuted and convicted in the United States. The U.S. could have sought his extradition, as it did with some of them, had President Obama not bombed the American-friendly government of Col. Moammar Gadhafi out of existence, without a congressional declaration of war.
It borders on the ridiculous for Mr. Kerry to profess fidelity to the rule of law when this criminal gambit was anything but. Fact: We are not at war with Libya. Fact: We cannot lawfully — under international law, American law or Libyan law — engage in law enforcement or offensive operations in Libya without the express consent of the local and national authorities. Fact: As a defendant in federal court in the 2nd Circuit, al-Libi must be brought to a federal judge in New York City within 48 hours of his arrest.
What kind of government seeks venues in which it can break the law? One that has forgotten that every time Mr. Bush made his extraterritorial argument to the Supreme Court, it was rejected. Wherever the American government goes and whatever it does, it remains subject to the confines of the Constitution.
originally posted by: butcherguy
Question #3: Will anything be done about it?
President Obama used an Article 2 signing statement to deem unconstitutional a measure HE had signed into law contained in the National Defense Authorization Act (NDAA). The law stated that he must advise Congress within 30 days about any plans to transfer detainees from GITMO. Obama basically stated that this was “unconstitutional” and that his unilateral action fell within his purview. Once again Obama used selective discretion as to what law he feels he must adhere to — in this case it has severe ramifications for our national security.
Read more at allenwestrepublic.com...
We're not going to use signing statements as a way of doing an end-run around Congress," then-Senator Obama said as a presidential candidate in 2008.
originally posted by: NorEaster
Sure. He eats tiny white babies for breakfast too. Yes Yes. Whatever you say he's done, yes - he did it and he'll keep on doing it.
You need to stop posting about it and start doing something about it. Get your gun and save our democracy!!
I don't know who you're going to have to target, since the military and the cops all work for Obama even while being heroes, but it's in your hands now my son. Only you can save us from this monster. Only you can prevent our way of life from being corrupted by this vile malignancy that seeks to subvert truth, justice and our American freedom.
originally posted by: FlyersFan
a reply to: LittleByLittle
That's PressTV. Any chance you can find that information elsewhere?
If you can, please post it as backup. PressTV isn't reliable. Thanks.