Recently, President Obama made a deal with the Taliban to release five Guantanamo Bay prisoners in exchange for American POW Bowe Bergdahl--who was a Taliban captive in Afghanistan for the past five years.

Did the Obama Administration break the law by making this deal without notifying congress?

If so, what is the recourse and the punishment?


asked Jun 2, 2014 by Goverment&Politics (920 points)
edited Jun 3, 2014 by Goverment&Politics

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15 Answers

Ambassador Susan Rice attempted to defend the Obama Administration stating that they didn't have time to notify congress and they had to act.  

Here's her answer on ABC's This Week:

answered Jun 3, 2014 by anonymous
yes, Obama has broken the law and should be immediately removed from office and the people should decide his fate and the fate of all his regime, if this had been any other president they would have been removed from office on the first offense.  He should be stripped of office and both him and his wife imprisoned along with all of the government that has backed him from the beginning.
If that's your position, then Bush and Cheney should be serving the 7th year of their life sentence for breaking international law and lying to the people of the US. Also, in accordance with your positionm their wives should also be in prison.
We can also go back to Reagan's Iran-Contra Affair, where many laws were broken.  Don't be an "anony,ous" poster.  If you believe what you are saying, you should have the balls to give your name, you nameless idiot.
John Carter:  One problem with your thesis regarding Bush and Cheney: The United States is not governed by 'international law'.  Our laws derive from OUR Constitution, now from some utopian fantasy of government of global consensus --Not trying to be pejorative; but, 'international law' is a construct made out of whole cloth by the media and various political groups to try to cast aspersions on their political enemies. Even the often praised UN and the Geneva Convention are not 'international law', as they are not the result of true global consensus or a global government.  
Also, since when is 'lying' to the American people a crime deserving a life sentence?  You seem to have forgotten Bill "I did not have sex with that woman." Clinton, who lost his license to practice law for perjury, or his wife, Hillary, who took egregious liberties with the facts during her entire tenure as Secretary of State-blaming it on a head injury that occurred afterwards.  What about our current President "If you like your health care plan, you can keep it." (among other whoppers) Obama and Al "The polar ice cap will be gone by 2015" Gore?  Should they be punished?  Should Obama be sentenced to life imprisonment for murdering civilians with drone strikes, as murder is condemned in almost every nation, making it an 'international' law?  Let's face it, if Bush and Cheney lied half as much or flaunted half as many laws as our current president, they would have not just been figuratively crucified by the press; so, why not stick to the question at hand rather than attempting a straw man argument and blaming Obama's predecessor for his own actions.
And, if Obama did not break the letter of the law in unilaterally freeing 5 Taliban militia, he certainly tortured it well beyond any recognizable limits

Georgetown law professor Jonathan Turley appeared on CNN and said that President Obama did in fact break the law in getting Bowe Bergdahl freed. 

answered Jun 3, 2014 by anonymous
So what r we going to do?   WHO the **** does he think he is the KING of the USA!!!!!!!!
The short answer is "Yes", this was one more instance of President Obama placing himself above the law.  He was required to give Congress 30 days notice, and did not, apparently working under the old premise of "It's sometimes better to ask for forgiveness than to request permission".  Even Senator Diane Feinstein has said that the law was violated in this instance.  As for recourse, he could be impeached (don't forget his ignoring the requirement under the "War Powers Act" that a President come to Congress for permission to continue a military action after 60 days).  But, like the previous incidents, there is no question that neither House of Congress has any interest in removing him from office.  As for the 5 terrorists already released, they are gone, but will not be forgotten.
answered Jun 4, 2014 by anonymous
No, he most certainly did not break the law. Congress was aware of the talks of switching war criminals years ago. They wanted it in fact and kept trying to pressure the president to do something about it. They are only back pedaling now, for political scores. This do nothing congress has tried (unsuccessfully) to blow up every basic issue into something impeachable. This 30 day notice thing is such a joke, because this was an on going thing. When the intelligence came down about the health of the POW, things had to be acted on. Conservatives and their thirst to remove the firt African American president from the white house, will grab on to anything negatively said about Barack Obama. No matter if it makes sense, seems desparate or not. SMH
answered Jun 8, 2014 by anonymous
1. Nancy Pelosi (D CA-8) is one of the congresspeople 'back pedaling for political scores'.  I would have you know that she is fervently a Liberal Democrat who agrees with Pres. Obama on nearly every issue.  
2. I agree that the '30 day' policy is not perfect, however Mr. Obama gave them no notice.  Congress heard about this after it happened.  With this in mind, it doesn't matter how ridiculous a law is, if I break it, there are consequences.
3.  Conservatives' goal is not to remove Obama from office; Our goal is to instill such radical ideas as Capitalism, free market, balance of powers, power in the hands of the people, America being strong on the world stage, and freedom.  Sometimes this may require doing such things as impeaching a president.
4. The inclusion of the detail that Obama is the first African American president is completely irrelevant, as stated in the Constitution we are all created equal.  If I treat Obama differently only because he is African American, in attempt to advert racism, I am only being counter intuitive to my premise.
Why make it a race issue, that doesn't hold any water here! There was protocol that he chose, in his arrogance, to ignore. Our president released 5 top of the tier terrorists back into society to do more evil, not only to this country but other countries as well! I believe this President needs a course of "Moral Conscience 101"!  I don't know about the validity of the statement concerning Congress pressuring the President to release these terrorists, however,  he made the decision and HE IS RESPONSIBLE  for his decision, he absolutely should be held accountable.  I think our President needs to meet the man in the mirror, and take course "101" before he does any more harm! Seems like that would be good advice for any of the present and up-coming leaders of our Great Nation, male, female, black or white!
you cant reply in proper English let alone think logically. Move to Iraq
No, that person is not stupid---YOU ARE. They are telling the truth.
Boy, if that was surely a liberal talking point if I've ever heard one about Obama not breaking the law!!!! The beauty of it is that the facts are the facts in black and white (on paper, not race!) 30 days notice means 30 days notice. Use all of the excuses you want  to swirl around the deception, but the law was not followed. And that was one instance in a long list of infractions to Obama's discredit. I do agree that if it had been any other president in history, his butt would already be out of office. For some reason, Obama and his cohorts have behaved as untouchables regardless of their offenses against the law. Unfortunately, the Republican party has continued to be spineless and scattered on just about every instance. Obama stated that he would transform America (based on his ideology) and he is doing so before our very eyes. He never once said it was going to be for the better! America gets the government that we choose to put up with. This whole disgrace of the current presidency along with the administration is partly our own fault for allowing it. Go back to the basics and start drilling the Constitution into the minds of our youth all the way through school. Until then can we all understand how far we have strayed from our founding principles. Hopefully, it's not too late! As each day passes, I'm becoming more and more convinced that Barack and Michelle Obama are equally in this for the parties and perks. Will he ever really get engaged and start actually doing his job as president? Or will he successfully leave office never having to step up to the plate and do the hard work that it takes to lead? He's a pro at keeping his fingerprints off anything that requires courage!
We don't need impeachment. According to article 3 of the Constitution, President Obama has formally aided the enemy by returning the top 5 leaders whom are also guilty of crimes agains humanity. They will go back to waging war against the USA. Obama has committed Treason and needs to be punished. impeachment isn't punishment. He will continue to remain in office and continue to thumb his nose at authority. In bypassing Congress, he has proven he does not care about the oath of office "to protect and defend the Constitution of the United States against all enemies foreign and domestic." He swore it before a Federal Judge. Twice. When is America going to wake up? He is a dictator, not a president.
answered Jun 10, 2014 by anonymous
YES, You are So RIGHT ! I Also Took an OATH & Did My JOB Overseas ?    82nd Airborne Paratrooper
Thankyou for your service! Our Service Men and Women are defending our security and freedoms while the leader of this country has blatantly supported terrorism against our country by his act of releasing the five, it's really hard to wrap your brain around anything that would justify that! I have to wonder what he is trying to prove to this country, his ego trip has cost this nation so much and I am afraid we will suffer for it for many years to come.  We need a leader that Loves this country, he has shown the opposite to be true, time and again! He needs to go!
yes Obama broke the law< he should be impeached..
answered Jun 12, 2014 by anonymous
Yes he has repeatedly broken the law, when a country is at war they do not trade 5 proven terrorists for one mentality broken kid who left his post and set out to commit suicide. What is the life of one when thousands could be at risk now.
answered Jun 30, 2014 by anonymous

The President didnot break the law. the problem is too many people looking for ugly things, instead 00f looking for the right of the matter.

Look at the problem with Putin. Many hate the Pres. to the point, they want Putin to win . We talk about wanting our country back, but this is a cover up of people that don't want a black President..

If Rush had talked about the Pres other than the one we have now they would have shut down that statrion..

Given those resons and his shape. If one think they have a better way fine;  the same night he, the President, was to be sworn into office his enemies were already planning how to do away with him.Saying they would make sure nothing would pass. They weanted this man to fail in turn, the country would faid.

Remember It is hard for me to accept this type of unequal treatment and think this is right. I never thought I would live to see this country would be so small! 

I donot think the President broke the law.  do think some in the congress has broke the law.

answered Jul 14, 2014 by anonymous
Wow, does anybody have any idea what this person said?
cantant this email
answered Jul 17, 2014 by anonymous










answered Jul 29, 2014 by MICHAEL A. RORER
one of the powers of the Pres. cited in the constitution is the authority to make treaties with____?___ with the advice and consent of the Senate.  If this deal falls under that broad power, then Obama was wrong.  BUT, if this act falls under the general powers he has as "Commander-In-Chief of the military, I would say he was within his right to negotiate the release of prisoners!
answered Jul 29, 2014 by NCG
Absolutely since our position has always been we don't negotiate with terrorists.  Then to swap them for a suspected deserter without an investigation is a lsap in the face to all the hororable military in service today.
answered Aug 16, 2014 by Richard Kruger
NO, he did not break the law. My opinion is that congress is breaking the law by not doing it's job to compromise and move things forward.
answered Aug 19, 2014 by anonymous
answered Aug 26, 2014 by anonymous
Yes, the president broke the law when releasing those GOTMO prisoners. Obama should be on trial for treason.
answered Dec 16, 2014 by ghall
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