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What the law requires:
Section 1035 of the National Defense Authorization Act for Fiscal Year 2014 requires the following before the transfer or release of a Guantanamo detainee:
• The Secretary of Defense must determine that the risk posed by the detainee will be substantially mitigated and that the transfer is in the national security interests of the United States.
• The Secretary of Defense must notify the appropriate committees of Congress at least 30 days before the transfer or release of a Guantanamo detainee.
• The Secretary of Defense must provide detailed information regarding the circumstances of the transfer or release along with the notification, including how the risk posed by the detainee will be substantially mitigated, the security arrangements in the receiving country, and an assessment of the capacity, willingness, and past practices of the receiving country.
originally posted by: butcherguy
originally posted by: kruphix
a reply to: beezzer
Doesn't sound like Obama broke any laws at all.
Sounds like the Secretary of Defense did.
So, did Obama fire him yet?
So are you saying that the Secretary of Defense went rogue, did the swap, MADE Obama do a press release in the Rose Garden? Oh my goodness!
originally posted by: beezzer
a reply to: kruphix
Who does the Secretary of Defense take his orders from?
Who?
originally posted by: kruphix
originally posted by: butcherguy
originally posted by: kruphix
a reply to: beezzer
Doesn't sound like Obama broke any laws at all.
Sounds like the Secretary of Defense did.
So, did Obama fire him yet?
Not yet...he may, who knows.
Have any charges been made against him by Congress yet?
The bottom line is that the law applies to the Secretary of Defense, not Obama. The whole thread, and all the manufactured outrage towards Obama is misplaced in this case.
originally posted by: beezzer
a reply to: kruphix
You make dancing an art form!
Chuck Hagel (Sec of Defense) takes his orders from Obama.
You clearly don't believe Hagel went rogue, yet you refuse to assign blame to Obama (Hagel's boss).
The White House is taking credit for the "swap". they are not denying it.
Yet you are.
originally posted by: kruphix
originally posted by: beezzer
a reply to: kruphix
Who does the Secretary of Defense take his orders from?
Who?
Doesn't matter. The law applies to the Sec Def, not the President.
Now you can call Obama incompetent or a horrible boss or bad leader or anything you want. But you can't say that Obama broke these laws...because it is impossible for him to do so.
Following is the full text of a hearing of the Constitution, Federalism and Property Right Subcommittee of the Senate Judiciary Committee held Wednesday, September 9. The hearing was chaired by Sen. John Ashcroft (R-Mo.) Speakers on the first panel were Jonathan Turley, George Washington Law School, Susuan Low Bloch, Georgetown University Law School, Eric Freedman, Hofstra University School of Law and Akhil Amar, Yale Law School. The second panel consisted of Peter Rient, Gainer Rient & Hottis, Frank Teurkheimer of Madison, Wisconsin, and Douglas Cox of Gibson, Dunn & Crutcher.
IF what you are saying is truth and fact... Then tell me why Obama is lying his ass off covering for the Secretary of Defense. Tell me why he's dragged the parents of Bergdahl to the rose garden to celebrate the Secretary of Defense breaking the law. Your argument is so thin, it wouldn't cover a pinhole. Your desperation to absolve your king, is pathetic....at best. Des
Section 3.
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.