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June 08, 2014, 09:58 am
Obama broke the law, Mukasey says



By Ferdous Al-Faruque

A former attorney general during the George W. Bush administration says President Obama broke the law when he exchanged Army Sgt. Bowe Bergdahl for five Taliban fighters, but said the law itself is unconstitutional.

Controversy has surrounded the president’s swap for Bergdahl, who had been held captive by the Taliban for five years. Many Republicans have accused Obama of violating the National Defense Authorization Act by not notifying Congress 30 days prior about the release of the Guantanamo detainees.

He broke the law, but I believe the law itself is unconstitutional,” said Michael Mukasey on "Fox News Sunday." “Article 2 makes him the commander in chief of the armed forces…and to the extent that statute purports to restrict his Article 2 powers I think it’s unconstitutional and he said so at the time he signed it.” .

Read more: http://thehill.com/blogs/blog-briefing-room/news/208600-mukasey-obama-broke-law#ixzz343tD5Y00
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Mukasey says parts of the National Defense Authorization Act is unconstitutional...
That is now 2 separate executive branchs/Presidents that have signed signing statements on that law saying its unconstitutional....

What should happen is that when one of these Presidents signs a signing statement declaring part of a law unconstitutional - it should immediately be looked at by a court- ruled on- and expedited to the Supreme Court...
BUT- many don't want to see that as that would give the court many more chances to legislate from the bench and make law thru their rulings...

A damned if you do- damned if you don't situation....
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