When Obama allowed the release of five high-ranking Taliban members in exchange for Bowe Bergdahl he broke a federal law that he signed only six months ago that forces him to notify Congress at least 30 days in advance of moving or releasing prisoners at Guantanamo Bay. Because of his unilateral actions and failure to notify Congress within the required time frame, his case for impeachment just became stronger.
According to the federal prosecutor that brought the 1993 World Trade center bombers to justice, Andrew C. McCarthy, “The retsurn of senior terrorists to the Taliban [is]…a ‘high crime and misdemeanor.”
Obama “clearly violated laws which require him to notify Congress thirty days before any transfer of terrorists from Guantanamo Bay, and to explain how the threat posed by such terrorists has been substantially mitigated,” according to two high profile members of Congress Rep. Buck McKeon and Sen. Jim Inhofe.
Members of Congress say that their happiness that Bergdahl was returned “is tempered by the fact that President Obama chose to ignore the law, not to mention sound policy, to achieve it.”
What makes their concerns even more valid is that in 2010 the Pentagon declared Bergdahl a “deserter” because he “walked away” from his post. Because of this the Army said they wouldn’t make any significant effort to find or retrieve him after the initial searches were completed.
However Obama was determined to negotiate his release because he and his advisors thought it would be a PR victory that would overshadow any legal issues in Washington, according to a White House official who remained anonymous.
The law Obama broke was the 2013 National Defense Authorization Act (NDAA), which requires Defense Secretary Chuck Hagel to “’notify the appropriate committees of Congress … not later than 30 days before the transfer or release” of Guantanamo detainees.
Hagel is also required to explain why such a release or exchange would be in the “national security interests of the United States,” and what has been done to mitigate the risks that the terror suspects will re-engage in war with the U.S., none of which was done.
Obama claims a health emergency was the reason that they moved so swiftly and outside of the law. However those assertions have yet to be backed up by anybody within the administration or the military.
Because of all this, McCarthy says the case for impeachment has just been strengthened and could become more likely.
According to McCarthy, transferring high-value prisoners to Qatar, which was authorized by Obama, “violates the law against material support to terrorism.”
“And because high crimes and misdemeanors are not statutory offenses but political wrongs that endanger the United States, the return of senior terrorists to the Taliban while we still have soldiers in harm’s way is, in my view, a ‘high crime and misdemeanor.’”
Should Obama be impeached for illegally releasing five terrorists back to their organization without consulting Congress? Let us know with a comment!