June 09, 2014

He doesn't put it that way, of course.  But former Bush 43 Attorney General and former federal judge Michael Mukasey said this about the prisoner exchange (via Tim Cavanaugh at NRO):

[The President] broke the law [requiring 30-days notice to Congress], but I believe that the law itself is unconstitutional. Article II makes him the commander in chief of the armed forces. These people were in the custody of the armed forces. It gives him plenary authority to conduct foreign affairs.  And to the extent that that statute purports to restrict his Article II power, I think it’s unconstitutional, and he said so at the time that he signed it.

(Here is my prior assessment.  Mukasey might go quite a bit further on executive power than I would, however).

Unfortunately the administration seems to have abandoned the plausible claim that the statute is unconstitutional in favor of an entirely implausible (see here and here) claim that it did not violate the statute.

Posted at 1:55 PM