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Roger’s Rules

‘Unique and Exigent Circumstances’

June 2nd, 2014 - 8:33 am

Although the Framers didn’t get around to the executive branch until Article II — the real business of government, they thought, would normally be carried out by Congress —  the Constitution nevertheless vests awesome, but not unlimited, power in what James Madison called the “chief Magistrate,” the president of the United States.  This is right and proper, for the president, as commander-in-chief, needs the flexibility to be able to respond quickly and decisively in case of national emergency.  

Appealing to that necessity is what stands behind the Obama administration’s objection to the federal law requiring that the president give Congress 30 days notice before releasing prisoners from Guantanamo Bay. There were, the administration argued, “unique and exigent circumstances” why that law should not be followed in the case of Bowe Robert Bergdahl, the Army solider who is reported to have deserted his post while on guard duty in June 2009 after announcing his loathing for America and hatred of the Army. “I am ashamed to be an American,” he wrote in an email to his parents.  “And the title of US soldier is just the lie of fools. . . . The horror that is America is disgusting.”

It would be interesting to have Sgt. Bergdahl’s views on “the horror that is America” now that he has had an opportunity to spend five years as the guest of the Taliban in Afghanistan. It would also be interesting to know exactly what “unique and exigent circumstances” prompted the Obama administration to exchange Sgt. Bergdahl for five high-level Taliban terrorists — the hardest of the hard core, as John McCain put it — who were cooling their heels in Gitmo. (What do you suppose these thugs and murderers will do now that they’re free? Go sight-seeing?)

At least six U.S. servicemen were killed searching for Sgt. Bergdahl. And Rep. Howard McKeon and Sen. James Inhofe are surely correct that the exchange imperils the lives of others. “Our terrorist adversaries now have a strong incentive to capture Americans,” they said in a joint statement. “That incentive will put our forces in Afghanistan and around the world at even greater risk.”

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Top Rated Comments   
Would someone please inform Hagel that the priority of the DoD isn't to serve as a social services agency to: ”Our first priority,” he temporized, “is assuring his well-being and his health and getting him reunited with his family.”

The only purpose of the DoD is to insure the safety and security of this country and the citizens of same. To that end it is necessary to instill discipline and a sense of honor and integrity. If, as looks increasingly likely, Bergdahl deserted his post and endangered his peers then it is Hagel's duty to prosecute him.
20 weeks ago
20 weeks ago Link To Comment
Are "unique and exigent" circumstances an established Constitutional term of art? Because otherwise, this is a damn low bar to justify breaking the law.

Everything the regime does seems to be unique and it all lacks any apparent urgency aside from their need to fundamentally transform our country.
20 weeks ago
20 weeks ago Link To Comment
After Obama releases all the Gitmo detainees, some will start planning another attack on American soil. Naturally, they'll seek out target-rich environments: densely populated coastal cities. Thousands of Americans will die, and the vast majority will be Obama voters. The survivors will blame it all on Bush and keep voting liberal.
20 weeks ago
20 weeks ago Link To Comment
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All Comments   (26)
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The necessity was to deflect from other affairs at the time because, for this admin, its all about image and power. They needed a new shiny object for the hard core left and the media to jump on.
- The VA scandal deepened. Far more hospitals involved.
- Russia could care less and thumbs nose at Obama
- ISIS spreads
- IRS and Lerner with a new sock puppet on stage
- Ignores American in Mexican jail
- Border chaos

Yet Obama and Holder also release convicted criminals and murderers every day...only because they are illegal. Who gets a 3 year probation for murder?
Because it looks good...until it is one of ours or yours.

12 weeks ago
12 weeks ago Link To Comment
Regarding Susan Rice is she just a dumb Obozo lackey or is she genuinely that stupid in calling the DESERTER Bergdahls Service Record 'distinguished and honourable'
20 weeks ago
20 weeks ago Link To Comment
The first priority of the D.O.D.is to kill people and break things in defence our country.When you elect a moozlim P.O.S. to the white house,you don't get any thing near that.Ain't it grand that the jr. P.O.S.(carney) will go out lying his cheesedick ass off.
20 weeks ago
20 weeks ago Link To Comment
Aren't we all tired of a Regime and Presidency that runs on EMOTION instead of LOGIC.
20 weeks ago
20 weeks ago Link To Comment
How come Mr Bergdahl is so important to Obama when the two brave men who died defending the Benghazi Consulate were so UNimportant that Obama left them to die and couldn't see why they should be rescued alive?
20 weeks ago
20 weeks ago Link To Comment
Uniform Code For Military Justice, UCMJ, provides for the death penalty under Article 85 for desertion ...
Is it at all startling that an individual likely to be proven guilty under Article 99 for abandoning your men to the enemy would do this?
The impeachment furor summarized:
liberallogic101.com/?p=11205 (from imao.us)
20 weeks ago
20 weeks ago Link To Comment
Obama is not your President America he is your ENEMY and his actions PROVE it.
20 weeks ago
20 weeks ago Link To Comment
I am torn between adjectives to describe the behaviour of The USURPER and White House WIMP OBOZO and his regime of LIARS. Was it naive, gullible, inept incompetent, cretinous stupidity or malignant narcissistic America hating malice which caused them to swap a TRAITEROUS DESERTER responsible directly or indirectly for the deaths of SIX American HEROES for FIVE of the WORST TERRORISTS on the Planet. As for Bergdahls Koran quoting Taliban Tweeting collaborator Father the less said the better.
20 weeks ago
20 weeks ago Link To Comment
I am wondering whether the families of the soldiers killed looking for Bergdahl could sue Bergdahl when he returns to the US (I deliberately chose not to use the term "home" here)
20 weeks ago
20 weeks ago Link To Comment
Somewhere the spirit of Eddie Slovik is wondering, "What's the difference with what I did?"
20 weeks ago
20 weeks ago Link To Comment
For those who don't know , Eddie Slovik was executed by the US Army for falling asleep on guard duty during WWII. The same thought came to me when the news of the swap was published. Eisenhower OK'ed the execution. As a ten year old I remember being shocked by the Slovik execution. It was done to teach a lesson to other soldiers. What lessons are being taught by Obama.
20 weeks ago
20 weeks ago Link To Comment
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