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Originally posted by: forkushV
Meanwhile hoops, your allegation of illegality is untruthful, and I think you should put on your big-boy pants and admit it.
DonDiego hereby states plainly the violation of Law by The Obama.
The administration is required to give Congress 30 days advance notice of any plans to release a prisoner from the Guantanamo Bay detention camp in Cuba, per section 1033 of the 2014 National Defense Authorization Act — signed into law by Obama in 2013.
Actually the applicable Law is quite specific on the requirement to notify Congress in the event that The Secretary of defense determines that a transfer of a detainee from Guantanamo iBay is in the national interest of the United States:
"Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the transfer of the individual concerned, the following:
(A)A copy of the determination and the waiver concerned.
(B)A statement of the basis for the determination, including—
(i)an explanation why the transfer is in the national security interests of the United States;
(ii)in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated; and
(iii)a classified summary of—
(I)the individual’s record of cooperation while in the custody of or under the effective control of the Department of Defense; and
(II)the agreements and mechanisms in place to provide for continuing cooperation.
(C)A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the paragraph or subsection to be waived.
(D)The assessment required by subsection (b)(2)."
The documents required by Law were not submitted by the Administration 30 days before the transfer.
So far as DonDiego knows the required documents have not been submitted yet.
Apparently no one in Congress was even notified at all about the transfer of the 5 Taliban jihadis until the day after the transfer was completed, . . . except maybe for Senator Reid of Nevada who claims he was alerted by the White House regarding the prisoner deal, “the day before or the day of. I don’t remember for sure."
DonDiego humbly submits the Law was broken.
n.b. DonDiego urges forkushV not to fret over possible legal action, let alone conviction, of The Obama over this matter. As long as Eric Holder is Attorney General of the United States the President is as safe as if he were The Emperor of the United States. If President Richard Nixon had had an Attorney General as loyal as Mr. Holder and a Congress as feckless as the present one, . . . he'd likely still be President, perhaps as a head kept alive in a nutrient solution in a bottle on the White House mantle, but still in charge.