Judge Andrew Napolitano said, in no uncertain terms, that President Obama broke the law under two separate statutes in releasing five prisoners from Guantanamo Bay last week – and he is not exempt from punishment.
The Fox News senior judicial analyst told host Shepard Smith that the law requiring Obama to give Congress 30 days notice before spending taxpayer funds on such a prisoner release is the lesser of the two legal sins.
It was the act of providing material assistance, in this case human assets, to the Taliban, identified by Congress to be a non-state terrorist organization, that is a crime punishable by imprisonment of 10 years to life.
A sitting president has never been tried for such a breach, Napolitano said, since it has never happened before, but the law applies to every American, including the president.
Obama probably won’t be challenged, he acknowledged, but he is not above the law.
Listen to the judge explain:
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