Is the NDAA Notification Requirement Unconstitutional?

By Anthony Gregory
Jun. 05, 2014

If Obama is right about the NDAA, he should start releasing far more prisoners from Guantánamo. A firestorm has erupted over the Obama administration’s release of five Guantánamo captives in exchange for the Taliban’s release of American soldier Bowe Bergdahl. Putting aside all the rest of the strategic, moral, and practical arguments, I want to focus on the legal side. Many of Obama’s critics say that his move violated the NDAA notification requirement, signed by Obama (who issued a signing statement suggesting he thought it was unconstitutional). The requirement mandates that the president inform Congress of Guantánamo releases.

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