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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsObama has shown he has to power to release the detainees, he should release them all
This prisoner exchange, which I wholly support as a great and positive move, lays waste to the claim that Obama's hands are tied with respect to closing Guantanamo Bay. He could close it, unilaterally tomorrow an he should. He just showed us that he doesn't need Congress to do it. Of course, he never did.
The executive branch has been managing, transferring and releasing Guantanamo detainees since it's inception, with no input from congress.
It is the Administration which has made the decision that there detainees that cannot be charged but insists on holding them indefinitely. No act of congress is needed for the Administration to change course and do the right thing.
With respect to the criticisms, it isn't that detainees were transferred, that used to be routine. Some are taking offense to the exchange. That is a ridiculous position. As has been discussed at length. The Administration did what it could have done and should have done, but got the one captive US soldier back. Now it is time to tell the repugs, fuck you, and release or charge and try ALL the remaining detainees.
It is more than a decade overdue, we need to close this dark chapter of our history.
morningfog
(18,115 posts)MannyGoldstein
(34,589 posts)If Bergdahl had been left in Afghanistan, the mean things said by Fox News would be worse than the mean things they're saying now about the prisoner exchange. So the exchange was the better option.
But if the rest of the Gitmo prisoners are released, there's no upside whatsoever. Fox News will just say mean things.
As usual, our president is always thinking ahead, making sure that we minimize Fox News' ability to stop Tea Party members from voting for Democrats.
morningfog
(18,115 posts)Capt. Obvious
(9,002 posts)on how government works.
FUCK RON PAUL
Leme
(1,092 posts)morningfog
(18,115 posts)Nor would it change the Democrats in the Senate's positions. Nor would it be illegal.
Leme
(1,092 posts)morningfog
(18,115 posts)You seem to be suggesting that Obama would be exposed to impeachment if he were to take action, release or transfer the detainees and close Guantanamo Bay. To be impeached, he would have be found to have committed a crime, right?
Or are you suggesting something else?
Leme
(1,092 posts)morningfog
(18,115 posts)How would releasing the detainees lead to Pres. Joe Biden in the 2016 primary? What are you suggesting?
Leme
(1,092 posts)a-b-c-d-e
that is why I put a question mark. sorry I was not more something.
hmmm....President Joe Biden vs Hillary in primary?
morningfog
(18,115 posts)Because I don't see it. You must have meant something.
Leme
(1,092 posts)morningfog
(18,115 posts)Or did you have another reason to post what you did?
Leme
(1,092 posts)morningfog
(18,115 posts)I encourage you to own it! Don't be afraid to speak your mind.
liberal_at_heart
(12,081 posts)LLD
(136 posts)If they try to impeach it wouldn't pass the Senate anyway (before November). And it could actually stir up the left getting them to turn out.
kelliekat44
(7,759 posts)morningfog
(18,115 posts)without charge and were tortured along the way.
kentuck
(111,052 posts)...if he became a strong President like that. I think he should.
Jim Lane
(11,175 posts)I'm no expert on Gitmo but I thought part of the problem was that some detainees who've been cleared for release by the U.S. are still there because there's no place for them to be released to. They're citizens of countries that don't want them back. No other country has agreed to admit them.
Congress has certainly obstructed Obama but there's also an element of inherent intractability to the problem.
PragmaticLiberal
(904 posts)For many of these guys there's no place that will accept them.
morningfog
(18,115 posts)could potentially torture them, ironically.
And, other countries condition release into their country on a US guarantee that they won't engage in terrorism. There are places for a vast majority of them to be released to. Most of the remaining detainees are Yemeni and could be transferred there.
There are still some that could be tried and sentenced. There are avenues for all of them, ultimately.
woo me with science
(32,139 posts)VanillaRhapsody
(21,115 posts)yeah just set him up for an impeachment right? I am sure you would cheer for that too! Y'all don't fool me none!
pnwmom
(108,955 posts)that doesn't extend to all of Gitmo.
morningfog
(18,115 posts)the power to release. Rather, the authority it there, he just used the swap likely because he believed it more politically palatable. Although, we see how that turned out.
Bush released 500 or so, Obama released around 200. There was nothing special about the swap with respect to the authority to release or transfer.
Only 6 of the remaining 150 face formal charge. The rest MUST be released ASAP, and Obama could do it if he really wanted to.
pnwmom
(108,955 posts)But it isn't true.
http://thedailybanter.com/2014/06/right-left-attack-obama-signing-statement-rationale-bowe-bergdahl-swap/
But the Bergdahl release has resurrected an attack from the anti-Gitmo left, the notion that, if the President can use a signing statement to justify the release of these five prisoners, then he can do so for all of the Gitmo detainees. If the President can ignore the law in this case, then why not do the same for the rest of the detainees? MSNBCs Chris Hayes asked that very question, on behalf of anti-Gitmo activists, on his All In program Monday night, but the premise of that question relies on the same fundamental misunderstanding about signing statements that the right relies on. Theyre both asserting that the President is using the signing statement to ignore the law. Here is what President Obama said about using signing statements in 2007, at a Montana town hall campaign event:
When Hayes played that clip last night, he cut it off when Obama said were not going to use signing statements, but the rest of that sentence is as a way of doing an end-run around Congress.
The Presidents NDAA signing statement doesnt do that, it seeks to preserve the will of Congress, with a very narrow, well-defined exception. The test of that exception isnt settled by the signing statement, it is settled by the U.S. Constitution, and if it is challenged, by the Supreme Court. No one has said that the Bergdahl swap would not withstand such a challenge, but a wholesale release of Gitmo detainees likely would not.
morningfog
(18,115 posts)He can do it. He has done it. He needs to finish the job.
morningfog
(18,115 posts)All that the NDAA added was the notice period. It does not strip the authority to transfer and release.
Savannahmann
(3,891 posts)Usually, we're told that the Congress is preventing President Obama from doing so. I guess the Congressional Opposition magically vanished recently.