Wendy Sherman: “We are here to consider a technical violation of section 1035 of the National Defense Authorization Act. A fair reading…”

“We are here to consider a technical violation of section 1035 of the National Defense Authorization Act. A fair reading of that section would indicate that it is drafted and focused on gratuitous prisoner releases, the many occasions prior to the adoption of that section when the prior administration or this administration chose to release a prisoner. When applied to the situation for which it was drafted, it is a practical and fully constitutional provision. It is practical because it involves a 30-day delay in release of a prisoner where there is no particular hurry to release the prisoner. We release the prisoner 30 days after the notice; we make the decision to release the prisoner; the prisoner is released; and it gives Congress 30 days to perhaps pass a law prohibiting such release. I believe it is constitutional because it doesn't interfere with the Commander in Chief's ability to safeguard and protect the soldiers under his command. Now there is an attempt to criticize the President for not following this statute when it is applied to a situation for which it was not drafted and when it is applied in such a way where it becomes incredibly impractical, perhaps impossible, and constitutionally questionable. We have had prisoner exchanges in every war we have fought, and they have been implemented by the executive branch. Even in World War II, we had prisoner exchanges before the end of the war.…”