Progressives love to drag you down in the muck and begin a slugfest of obfuscation.   They are working diligently to attach the (Defense Authorization Act) ie “Congressional Notification Law”, to the right of the President to take action.

Don’t fall for it.    These are two entirely separate and distinct issues.

The law is specifically clear.   The President must notify congress.  Period.

There is nothing within the notification law which impedes his ability to act on a release itself.   They are two separate aspects.

The President has the authority to release GITMO detainees based on his own considerations.   However, he has the legal responsibility to notify congress 30 days prior to doing so. He did not.

Within the notification law, and as an outcome of following the law, there’s nothing to stop President Obama from following through on what he intends to do.   He can/should simply notify congress, and then legally do what he wants with the detainees.

There’s nothing in the law which creates a consequence for action.  The notification law is simply the notification.    If President Obama follows his legal obligation he is not precluded from taking the action.   Despite progressives stating otherwise, nothing about the notification aspect interferes with that.

Democrats and defenders of the President would like to turn the argument around and claim ‘if he notified congress he would not have been able to make the swap’.  This is false.

The notification is legally required.  After that – he can do what he wants with them.

“IF” prior notification were to impact his ability, such impact would only come as a matter of public and/or congressional opinion -and Obama’s choice to avoid backlash- from the notification itself.   There is no legal consequence to his notification; the only consequence would come as a result of his refusal to notify.

President Obama admits he did not notify congress – and now begins to say “He’s Sorry”.

So now what ?