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Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it cou

Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

I assume he won't be impeached for this...but I am guessing the Obama administration thought this would be a no-brainer, vote grabber but now might be having some second thoughts about the whole thing.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

A president has the power to sign a bill into law or veto it. If he found something unconstitutional about the bill at the time, he had every right to veto it. However, he does not have the right to cherry pick what laws he will follow and what laws he won't once they become law.

Agreed. The president is the "executive branch" not the judicial branch. If he feels a law is unconstitutional, he can forward his alleged case to the judicial branch (US Supreme Court). He cannot cherry pick which laws he chooses to enforce.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

There is a strong case to be made for the fact that the President has a constitutional duty - via his oath to preserve and defend the Constitution - to not enforce laws he believes to be unconstitutional. It's murky to be sure but Obama wouldn't be the first president to do so.

Or, is he derelict in his duty to "preserve, protect and defend" the Constitution by signing a law he believes is unconstitutional?
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

The problem is that if a bill is vetoed because one portion is believed to be unconstitutional means vetoing perhaps hundreds of other parts of the bill that the President believes to be Constitutional. Every President since Carter has pointed out (often through signing statements) portions of bills they signed but disagreed with on Constitutional grounds and would not enforce. Bush 43 did that something like 160 times, about twice the average of his peers.

No, Bill Clinton issued more than twice the amount of signing statements than Bush 43, although Bush's statements affected more than 1000 provisions of law, because he used multiple objections.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

He will not be impeached. No one is willing to deal with the fallout that would occur if he was. We are all going to just keep walking on eggshells until he is out of office, and then try to repair the damage he has done to this country.
If he is not impeached by the House then the damage will be permanent. Belize is looking better every day.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Name for me the democrat senators that will vote for impeachment. In fact, name one.
Senators do not vote for impeachment. That is the House's responsibility.

So impeach the SOB and then arrest him for the felony (or two, or three or more) that he has committed.
Personally aid and comfort to a terrorist organization is enough for a life behind bars.
I would prefer the death penalty. Some say I aim too high.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

If what I understand to be going on is correct, it is illegal because congress cannot pass a law that limits executive power.
Why do you believe that? Every law limits executive branch power.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Senators do not vote for impeachment. That is the House's responsibility.

So impeach the SOB and then arrest him for the felony (or two, or three or more) that he has committed.
Personally aid and comfort to a terrorist organization is enough for a life behind bars.
I would prefer the death penalty. Some say I aim too high.

Senators vote to remove an impeached president from office.

The rest of your post is lunacy.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Senators do not vote for impeachment. That is the House's responsibility.

So impeach the SOB and then arrest him for the felony (or two, or three or more) that he has committed.
Personally aid and comfort to a terrorist organization is enough for a life behind bars.
I would prefer the death penalty. Some say I aim too high.

A lynching?
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

I think it still takes 67 senate votes to impeach a president. Even if republicans control the senate after 2014, you will still need 15+ senate democrats to go along with them and that is just not going to happen. Obama will be out in January 2017. We are stuck with him til then. Unfortunately.
It requires no senate votes to impeach the president. Impeachment occurs in the House of Representatives.
Impeachment proceedings may be commenced by a member of the House of Representatives on their own initiative, either by presenting a listing of the charges under oath, or by asking for referral to the appropriate committee​

and...

A simple majority of those present and voting is required for each article or the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "House managers", with a "lead House manager") are selected to present the case to the Senate.​

So impeach the SOB. Then arrest him for breaking the law. Put him in prison until the trial. He is a flight risk. And finally find the SOB guilty and lock him up for life.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

I beg to differ with you LOP. While you make the case that the laws are illegal passed by Congress, many could make that claim on several issues. Nevertheless, currently they are the LAW.
Obama did not make a wise trade. PFC Bergdahl (he was promoted to sergeant while being held captive) is well documented that he was a disserter and good honorable paratroopers lost their lives searching for this bastard. Various sources from Bergdahl’s unit, the 501st Airborne Infantry are reporting in around the Web with this information:


PFC Matthew Michael Martinek, Staff Sgt. Kurt Robert Curtiss, SSG Clayton Bowen, PFC Morris Walker, SSG Michael Murphrey, 2LT Darryn Andrews, were all KIA from our unit who died looking for Bergdahl. Many others from various units were wounded or killed while actively looking for Bergdahl.

Here’s Article 85 of the Uniform Code of Military Justice, the statutory regulation dealing with desertion:


(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.

And the damning evidence against PFC Bergdahl from those in his unit is being made known via the Internet. He made no secret of his disillusionment with America, sending emails to his parents, one of which contained this statement, “The system is wrong. I am ashamed to be an american. And the title of US soldier is just the lie of fools... I am sorry for everything here”
A fellow trooper, Jason Fry, has gone on the record that Bergdahl told him, "If this deployment is lame, I'm just going to walk off into the mountains of Pakistan."

So justify anyway you can the release of 5 rabid Taliban who will be out soon orchestrating more killings of Americans in exchange for what is shaping up to be one lame ass dissserter.

As anyone dared ask the question, "Why would you promote a PFC to Sgt while held in captivity if said PFC was a deserter? I'm familiar with battlefield promotions, but PFC Bergdahl wasn't on the battlefield when the promotion was given. So, why promote a "deserter"?
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Senators vote to remove an impeached president from office.
Great. Confirmed.

The rest of your post is lunacy.
Perhaps only because of your love of tyranny as long as it is exercised for your team.

I would like to see a firing squad for this offense. Is that too much to ask?
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

A lynching?
I prefer firing squad but a hanging (remember this would be legal--lynching were not) would be fine.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Perhaps only because of your love of tyranny as long as it is exercised for your team.

I don't think you know what "tyranny" means.

I would like to see a firing squad for this offense. Is that too much to ask?

Yes. In fact, it's utterly insane.

The fact that you think, over a prisoner-for-prisoner swap, we should shoot the twice duly elected President of the United States, then you have left Earth's gravitational pull and are headed at cruising speed toward Planet Crazy.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

I don't think you know what "tyranny" means.
I know quite well. We are living in a soft tyranny. The hard part usually comes later.

Yes. In fact, it's utterly insane.

The fact that you think, over a prisoner-for-prisoner swap, we should shoot the twice duly elected President of the United States, then you have left Earth's gravitational pull and are headed at cruising speed toward Planet Crazy.
He appears to have committed treason, offering aid and comfort to our enemy during war. He needs to be tried, convicted and then executed.

If we can only get him on a lesser charge then life in prison would be barely acceptable.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

He appears to have committed treason, offering aid and comfort to our enemy during war. He needs to be tried, convicted and then executed.

If we can only get him on a lesser charge then life in prison would be barely acceptable.

The idea that Obama has committed treason is weapons-grade stupid.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

The idea that Obama has committed treason is weapons-grade stupid.
Cool. I am not surprised that you defend the traitor. How much more aid and comfort could he provide than to return their top people?
Impeach the SOB. Then arrest him, try him, convict him. I want the death penalty. You just want him to remain your king. Got it.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Cool. I am not surprised that you defend the traitor. How much more aid and comfort could he provide than to return their top people?
Impeach the SOB. Then arrest him, try him, convict him. I want the death penalty. You just want him to remain your king. Got it.

:roll:
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

The idea that Obama has committed treason is weapons-grade stupid.
Treason is not a word that I would use to describe his actions in this case. I would, though, characterize those actions as "tactically symbolic".

I truly believe that he believes he is poking a stick in the eye of everyone who supported our military actions post 9-11 and by making a defacto hero out of a deserter he is saying that the real heroes are the ones who refused to support our post 9-11 policies.

You can't tell me that he didn't know every single little piece of dirt on this guy before he agreed to this deal.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

As anyone dared ask the question, "Why would you promote a PFC to Sgt while held in captivity if said PFC was a deserter? I'm familiar with battlefield promotions, but PFC Bergdahl wasn't on the battlefield when the promotion was given. So, why promote a "deserter"?

Because he's not a deserter - yet. He's simply AWOL. To be guilty of desertion he has to have intended to be away from his post permanently, which I don't think they can ascertain without actually talking to him. It also requires a court martial.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

I know quite well. We are living in a soft tyranny. The hard part usually comes later.


He appears to have committed treason, offering aid and comfort to our enemy during war. He needs to be tried, convicted and then executed.

If we can only get him on a lesser charge then life in prison would be barely acceptable.

You do know that we've been doing prisoner exchanges with the enemy since the Revolution don't you? If those weren't treasonous acts, if those didn't give aid and comfort to the enemy how is this any different?

And as practical matter you also do understand that no former President will likely ever see the inside of a jail.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Taliban prisoner swap was ILLEGAL and could lead to Obama's IMPEACHMENT | Mail Online

Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it could lead to Obama's impeachment

The president ignored a law – which he signed last year – requiring him to notify Congress 30 days before releasing anyone from Guantanamo Bay
The Obama administration never told Capitol Hill until after Bergdahl was in American custody and the US Taliban prisoners were preparing to leave
A former federal prosecutor told MailOnline that while the 30-day-notice law is probably unconstitutional, putting enemy combatants back in a position to harm Americans is an impeachable offense
A White House insider said Obama administration officials didn't anticipate how controversial Bergdahl's rescue would be, and compared it to the 1981 release of 52 US hostages in Iran
If there is a God.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Because he's not a deserter - yet. He's simply AWOL. To be guilty of desertion he has to have intended to be away from his post permanently, which I don't think they can ascertain without actually talking to him. It also requires a court martial.

Time will tell what the military will classify him as, but he seems to have given aid to the enemy and cost US service men's lives.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

If there is a God.

Please, PLEASE attempt to impeach Obama over this.
 
Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it

Because he's not a deserter - yet. He's simply AWOL. To be guilty of desertion he has to have intended to be away from his post permanently, which I don't think they can ascertain without actually talking to him. It also requires a court martial.

He was suspect of desertion and treason almost immediately according to his platoon critics. You don't need a court martial not to promote someone under suspicion.
 
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