It’s bad enough that the Administration swapped out five high value Taliban leaders. Worse, Obama did so without the required notification to Congress.
What’s even worse is this- this isn’t some obscure provision that was simply overlooked. The Bergdahl/Taliban swap was considered in 2011 and 2012. And it was shot down by objections from DoD and the intelligence community, as well as strong opposition from Congress.
That opposition was so strong that Congress specifically made mandatory a 30 day notice to Congress before the transfer of any Guantanamo detainee.
Yes, you read that right. It was specifically the concern over a swap for Bergdahl that prompted Congress to include the provision in the NDAA 13 bill.
Obama knew it. And in his arrogance, ignored them.
The usual apologists for Obama’s lawlessness are rushing to provide ex post facto justification for this blatant disregard for the law, of course. Senator Reid foremost among them. Has any Senate Majority Leader ever abused the procedural powers of his station so much, and then turned about and ceded so much of the Senates constitutional role to a President?