Lawless President Strikes Again: Bergdahl Release Arrangement Illegal

By Douglas V. Gibbs

President Barack Obama accused George W. Bush of wanting to be dictator.  All of Obama's woes are Bush's fault.  We've been hearing those excuses for two terms, now.  But when it comes to the current president's administration, suddenly the rules no longer apply.  "With or without Congress" seems to have become a common battle cry of the Obama White House.  He seems to think he can act without the constitutionally mandated advise and consent of Congress at will.  The law, according to Obama, does not apply to a democrat president.

Let's set aside all of the talk about Bergdahl being a traitor, a deserter, or high on drugs when he was captured.  Let's just look at the Constitution, for a moment.  Let's set aside all of the distractions and judge the President's actions based on the Law of the Land.

The actions of Obama, stripped down to basics, was that five terrorists were traded to the Islamic Jihad in return for a single American military member being held captive by the enemy.  President Obama's White House orchestrated this trade without consenting Congress, and without congressional approval.

Article I, Section 8 of the United States Constitution states that Congress is tasked to "make Rules concerning Captures on Land and Water."  In other words, Guantanamo Bay was required to be established by the Congress, maintained by Congress, and all decisions regarding that facility and the prisoners held by the facility, belong to Congress.  The executive branch cannot legally take action without Congress regarding those prisoners, including if those prisoners are to be used in a prisoner swap.

As usual, President Obama could care less about the Constitution, or Congress, and acted without authority, and without the consent and approval of Congress.  The trade for Bergdahl, in exchange for five dangerous Guantanamo Bay prisoners was made executively, without the consent and approval of Congress.  Obama sees Congress as an obstacle, and not constitutional authorities are going to stop him from forcing his will upon the American people, and upon American Politics.

With, or without, Congress.

-- Political Pistachio Conservative News and Commentary

Bergdahl release arrangement could threaten the safety of Americans, Republicans say - Washington Post

Amidst celebrations for Bergdahl's release, some unsettling questions - Allen West

Five of the most dangerous Taliban commanders in U.S. Custody exchanged for American captive - Weekly Standard