Will Congress stop Obama’s lawless material support to Hamas?
The problem with writing a book about President Obama’s lawlessness, as I have just done in Faithless Execution (which will officially be published Tuesday), is that eventually the author has to stop writing so the book can be printed. The administration’s illegal conduct, by contrast, rolls right along — so by the time the book comes out, I find myself several impeachable offenses behind.
At the moment, we are still processing the latest executive malfeasance: the president’s release this weekend of five senior Taliban jihadists in exchange for a U.S. soldier who is alleged to have abandoned his post in 2009 after complaining that “the horror that is America is disgusting” (and whose father is on a campaign to free all anti-American terrorists detained at Guantanamo Bay).
Some lawmakers have pointed out that the release, which flouts American policy against negotiating with terrorists (Obama is a recidivist offender on that score), also violates federal law. Specifically, the president must give Congress 30 days’ notice before transferring detainees out of Gitmo, in addition to explaining how the threat to the United States has been mitigated so that the release is justified. Obviously, the president disregarded the law because complying would have made it clear that the transfer exacerbates the threat to the United States, sparking public and congressional protests that would have scotched the deal. It is a swap that the administration, which is delusionally courting the Taliban in hopes of an Afghan peace settlement, has been trying to make for years. So Obama did what Obama does when the law is against him: He ignored it, claiming not to be bound by it if he concludes the circumstances are “unique and exigent,” as a White House spokesman put it.
The swap, it should be noted, also violates federal laws prohibiting material support to terrorism. The Obama administration may think it can sidestep this inconvenience by its longstanding refusal to designate the Afghan Taliban as a terrorist organization. Federal law, however, bars giving support — including providing personnel, as Obama has done here — not only to formally designated terrorist organizations but to groups known to engage in terrorist activity, whether the State Department gets around to designating them or not. (See Sections 2339A and 2339B of Title 18, U.S. Code.) There is no doubt that the U.S. government knows the Taliban and its confederates engage in terrorist activity — it has been telling us for 13 years that this is why we must have thousands of American troops in Afghanistan.