One other key aspect not getting as much attention as deserved stems from the avoidance of the legally required notification.

Telling congress about the potential move of Gitmo detainees in a POW swap is one part of the notification. However, the more important part of the law is the part which requires the President to state specifically why the action is being taken, what is the benefit, and what are the risks.  In addition the notification law requires the President to outline the details, the exact terms, inside the negotiated agreement that he’s made.

So, given the President has apologized for not informing congress, will the congressional leadership now demand the President produce the statutorily required information, albeit post facto?

If they don’t….. ask yourself “why not” ?