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The subject of congressional notification -- whether Obama violated federal law by failing to notify lawmakers of his plans to swap the five terrorism detainees in exchange for Bergdahl at least 30 days beforehand -- has been debated on Capitol Hill in the days since the exchange. Republicans generally have faulted Obama for failing to provide formal congressional notification, while most Democrats have defended Obama's decision, saying he was acting within his powers as commander-in-chief.
Harry Reid: ‘What difference does it make?’ who was informed of Bergdahl’s release
originally posted by: VictorVonDoom
As much as I dislike being on the same side as Obama and Reid, I have to agree with them on this point.
While it is up to Congress to declare war, it is up to the President as Commander and Chief to conduct that war as he or she may see fit. Trading prisoners is a military decision. I understand there was a law requiring 30 day Congressional notification prior to the exchange, but that isn't always practical in a war, and Congress should understand that. And notification does not mean that Congress would have to consent to the exhange, just that they should be aware. Ideally, the President could inform Congress and then do the exchange whether they like it or not.
So, it would seem to me that if time was of the essence, the President could make the exchange and then explain why it wasn't practical to notify Congress 30 days in advance at his or her earliest opportunity. Which is pretty much what happened. Technically he may have broken the law, but if the reason was justified, no harm no foul.
Kind of like speeding to get to the hospital.
originally posted by: teamcommander
a reply to: Vasa Croe
It seems I heard someone say this whole deal had been laid out for all to se back in Dec. of 2011.
If that be the case, maybe some of these "public servants", or atleast some of their staffs, need to learn how to research and read.