Skip to comments.White House outlines legal rationale for Bowe Bergdahl swap
Posted on 06/03/2014 6:06:41 AM PDT by Oldeconomybuyer
The White House is providing a detailed defense of its decision to swap Sgt. Bowe Bergdahl for five senior leaders of the Taliban without notifying Congress first.
National Security Council spokeswoman Caitlin Hayden on Tuesday morning said the administration determined that the federal statute requiring the administration to give Congress 30-days notice before transferring a detainee from Guantanamo Bay to a foreign country did not apply to the Bergdahl case because it was a "unique set of circumstances."
The administration determined that the notification requirement should be construed not to apply to this unique set of circumstances, in which the transfer would secure the release of a captive U.S. soldier and the secretary of Defense, acting on behalf of the president, has determined that providing notice as specified in the statute could endanger the soldiers life, Hayden said in a statement.
In this case, she said, delaying the transfer in order to provide the 30-day notice would interfere with the executives performance of two related functions that the Constitution assigns to the president: protecting the lives of Americans abroad and protecting U.S. soldiers.
Because such interference would significantly alter the balance between Congress and the President, and could even raise constitutional concerns, we believe it is fair to conclude that Congress did not intend that the administration would be barred from taking the action it did in these circumstances, she said.
(Excerpt) Read more at washingtonexaminer.com ...
Liars, liars, all of them.
The Obama administration did an end around on Congress for this prisoner exchange because they knew that Congress would not approve and that would jeopardize Bergdahl’s life.
Bergdahl needs to face a Court-martial and and Obama needs to face an independent prosecutor. The chance of either are slim.
You'll notice that President Kharzai was not amused at this stunt.
The military knew exactly where this POS deserter was for years. They had already wasted at least 6 lives trying to find him and when they finally did find him, they had no interest in mounting a rescue attempt.
You don't rescue traitors. But now hundreds, if not thousands of Americans are much less secure with these 5 terrorists and one potential corroborator being loosed upon the world.
It is time for we the people to rise up against this lawless rogue regime.
Bergdal wasn’t a prisoner and Obama didn’t need to set him free. He just wanted an excuse to set five of his friends free.
Is it any wonder that Obama focused on getting an anti-American “soldier” exchanged for 5 anti-American jihadists?
Here’s how you determine what Obama will do - think of what any common sense patriotic American president would do,
and then determine the exact opposite.
Yeah right, we'll see won't we!
I’d say if daddy used Allah’s name, sonny boy will soon blow it make himself a martyr “for the cause”.
So the Executive branch gets to interpret the law that Congress passed. Right?
And the Congress bends over yet again? Right?
Clear and Present Danger, anyone?
Sorry “realized should have been released” spell checks fault! :)
How many soldiers died hunting down and capturing these five terrorists?
Has that cost been considered in their release?
“What difference does it make?”
(couldn’t resist) :)
They will likely say the outrage within the military is intolerance toward Obama and Muslims.
The issue of negotiating with terrorists will be described as "prisoner of war negotiations".
The top secret file on Bergdahl will be "off limits until the investigation of this incident is complete".
The mysterious Bergdahl "health issues" will be described as "personal and confidential".
The non-disclosure documents the military witnesses were forced to sign will be described as "normal operating procedures".
The wild card in this story will be the honor and honesty of the ex-military who were witnesses to this incident. Their willingness to tell the truth will be hard to spin.
...and how does the decision to out the Afghanistan CIA chief fall into this rationale?
Exactly! This is where the Regime got blind sided - they did not see it coming. Probably thought they had those guys buttoned up with NDA's.
Hope these hero patriots have taken every measure for their protection in every sense of the word.
Damned good question.
White House rationale = Oil Water
So the President is claiming he doesn’t need to follow the law because of “a unique set of circumstances?” Isn’t every case a unique set of circumstances. Isn’t this just nothing more, really, than the President claiming that he doesn’t EVER have to follow the law?
Call your Congressman and Senators. tell them you consider this an act of treason against the US and the President has now endangered all of America with another 9/11 attack by releasing these dangerous criminals.
Tell them you expect them to uphold their oath to the Constitution.
The President must be impeached and removed from office for this treacherous act. That is the remedy under the constitution.
My reps are all Dems, but they heard from me this morning.
If you do nothing, nothing will change.
Maybe Obama’s trying to start a war...
I do nother believe that there is a tradition of always swapping for our POWs. That is a lie elevated to a myth. We’ve had POWs imprisoned for years.
I keep hearing on the news. ..well, we had to bring him home. No we didn’t vv
Unrelenting, blatant LIES! Benghazi, IRS, VA, $6 Billion missing and on and on and on...
Does their rational break down this way “Considering all the factors and current presidential disdain of the Constitution.....................................FU!”
Legal is one question. Motivation, judgement, competence, risk, are the others.
It is one thing to swap a POW for a POW. In this case, Bergdahl had effectively resigned from the military when he walked off the base with no intention to return. Hence he was at best a kidnap victim and at worst a traitor.
Additionally the prisoners we held in Afghanistan were not captured in Uniform and as such were not POW’s.
This was simply a trade of terrorists for traitors.
The were no POWs here.