Could someone explain to me why people think it was against the law for President Obama to trade five prisoners from the Guantanamo Bay detention camp in exchange for Army Sgt. Bowe Bergdahl, who has been held by Taliban forces for years? I understand that Congress has passed a law that requires him to notify them before releasing a Guantanamo inmate, but I don’t see where Congress gets the power to constrain the Executive branch this way.
To the extent that they were terrorists and criminals, the President has a constitutional power to pardon people of crimes (even if they haven’t been convicted) or to grant clemency. I’m pretty sure that no law passed by Congress can change that.
Alternatively, if they’re being detained not as criminals but as enemy combatants, like traditional prisoners of war, then aren’t they being detained under the Executive’s constitutional power to wage war and not due to an act of Congress? It doesn’t make sense that the Executive branch could imprison people on its own authority but require permission from Congress to release them.
This is a sincere question. I’m completely willing to believe it was illegal, but I don’t understand why. And note that I’m not asking if it was a good idea.
Leave a Reply