The Ghastly Transaction That Freed Sgt. Bowe #Bergdahl

From former Attorney General Michael Mukasey (via Memeorandum):

The seeds of what blossomed grotesquely in the Rose Garden last weekend — a celebration of the release of five senior Taliban military leaders in exchange for a U.S. sergeant purported to be a deserter — were sown a long time ago: on the second and third days of President Obama’s first term, to be precise.

On his second day in office, the president signed an executive order directing that the Guantanamo Bay detention facility be closed. You can watch the cringe-inducing video of the signing ceremony on YouTube, as the president stumbles through a reading of the order to close the facility “consistent with the national security and foreign policy interests of the United States and the interests of justice,” signs with a flourish, and asks then-White House counsel Greg Craig, whether there is a separate executive order describing what is to be done with the Guantanamo detainees; Craig is heard to reply off camera that “a process” will be set up, whereupon the president repeats solemnly into the camera that “a process” will be set up.

The following day, the president met with congressional leaders to discuss his economic stimulus. When Republican House whip Eric Cantor offered some suggestions, the president reminded him and others of the vanquished who were present that “elections have consequences” and “I won.”

The president apparently hadn’t thought through how he would accomplish the goal and serve the interests he had announced. But he had indeed won.

Fast forward, and characteristically the Obama administration has apologized only for the least of the president’s transgressions in this sorry affair: his failure to consult Congress 30 days in advance of freeing any Guantanamo detainees, as required by the National Defense Authorization Act. At the time the president signed that law he issued an accompanying signing statement taking the position, I believe probably correctly, that the law is unconstitutional as a restriction on his Article II executive powers. However, his own criticism of his predecessor for alleged misuse of executive authority apparently left him diffident about relying on that, so he relied instead on two excuses with neither legal nor factual basis: concern for the rapid deterioration of Sgt. Bowe Bergdahl’s health, which does not explain why no notice was given; and simple neglect due to the rush of events, which contradicts the first.

It is difficult to believe that the president actually understood last weekend the enormity of what he had done...

Keep reading.