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Was POW swap legal?

The blogs and certain media have accused President Barack Obama of breaking the law by releasing five of the worst terrorist detainees from Guantanamo Bay detention camp in exchange for the release of a prisoner of war, thus making that action an impeachable act. Obama previously signed House Resolution 3304, the National Defense Authorization Act of 2014. As I read the law, it contains the premises of that accusation. Section 1035:

• Authorizes the Secretary (of defense) to transfer or release any individual detained at Guantánamo to such individual’s country of origin or another country if: (1) the Secretary determines that the individual is no longer a threat to national security, or (2) such transfer or release is to effectuate an order by an appropriate U.S. Court or tribunal.

• Requires, as further determinations before such transfer, that: (1) actions have been planned or taken that will substantially mitigate the risk of such individual engaging or reengaging in any terrorist or hostile activity that threatens the United States, and (2) the transfer is in the U.S. national security interest.

• Outlines factors to be considered in making such determinations, including any confirmed cases of recidivism of individuals previously transferred to such country.

• Requires the Secretary, at least 30 days before such a transfer, to notify the defense, appropriations, and intelligence committees of Congress.

Note that no notification was done before the transfer of these terrorists.

The argument is that if Obama broke this law through the oath he took upon first entering office as specified in Article II, Section 1, of the Constitution, has he broken the trust of American citizens by breaking his promise to protect and execute the law?

He should be impeached.

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