There’s no question how Republicans will react — GOP Sen. Lindsey Graham is already threatening impeachment if there are more releases. But what about the president’s party?
Having relied on the U.S. obligation to take care of its troops as an explanation for the Bergdahl case, Democrats might have a difficult time falling in line the next time if there’s no American to be saved.
Back in December 2013, when Obama signed the Defense Authorization Act into law, he issued a now-famous signing statement in which he argued the notification clause “would violate constitutional separation of powers principles.
“The executive branch must have the flexibility, among other things, to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers,” Obama wrote.
The message was clear: The president will act as he chooses, no matter what Congress wants. The next Guantanamo release could make the Bergdahl battle seem tame.