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White House outlines legal rationale for Bowe Bergdahl swap
The Washington Times ^ | June 3, 2014 | BY SUSAN CRABTREE

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 soldier’s 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 executive’s 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 ...


TOPICS: Foreign Affairs; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: bergdahl; traitor; tyranny
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To: Oldeconomybuyer

White House rationale = Oil Water


21 posted on 06/03/2014 6:53:53 AM PDT by Vaduz
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To: Oldeconomybuyer

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?


22 posted on 06/03/2014 7:07:12 AM PDT by stremba
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To: stremba

www.house.gov

www.senate.gov

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.


23 posted on 06/03/2014 7:07:38 AM PDT by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Oldeconomybuyer

Maybe Obama’s trying to start a war...


24 posted on 06/03/2014 7:37:29 AM PDT by GOPJ (ObamaCare - like buying a pig in a poke...)
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To: P-Marlowe
How many soldiers died hunting down and capturing these five terrorists?

How many citizens will die because the top terrorists masterminds have been released?
25 posted on 06/03/2014 8:18:58 AM PDT by Old Yeller (Anything is possible, if you don't know what you're talking about.)
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To: kidd
...and how does the decision to out the Afghanistan CIA chief fall into this rationale?

Good point.
26 posted on 06/03/2014 8:19:44 AM PDT by Old Yeller (Anything is possible, if you don't know what you're talking about.)
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To: Oldeconomybuyer; P-Marlowe; jazusamo

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


27 posted on 06/03/2014 8:28:06 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Oldeconomybuyer

Unrelenting, blatant LIES! Benghazi, IRS, VA, $6 Billion missing and on and on and on...


28 posted on 06/03/2014 8:35:02 AM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Oldeconomybuyer

Does their rational break down this way “Considering all the factors and current presidential disdain of the Constitution.....................................FU!”


29 posted on 06/03/2014 8:44:34 AM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: Oldeconomybuyer

Legal is one question. Motivation, judgement, competence, risk, are the others.


30 posted on 06/03/2014 8:51:08 AM PDT by morphing libertarian ( On to impeachment and removal (IRS, Benghazi)!!!)
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To: xzins

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.


31 posted on 06/03/2014 9:05:35 AM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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