Prisoner Swap: Broken Law or Above Law?

20Cent wrote: »

Releasing a soldier is stupid stuff?
Face it if it came out that he turned down the opportunity imagine the outrage from republicans. Giving kids some fruit instead of junk food for lunch caused outrage.

Mullah Mohammad Fazl (Taliban army chief of staff): Fazl is “wanted by the UN for possible war crimes including the murder of thousands of Shiites.” Fazl “was associated with terrorist groups currently opposing U.S. and Coalition forces including al Qaeda, Islamic Movement of Uzbekistan (IMU), Hezb-e-Islami Gulbuddin (HIG), and an Anti-Coalition Militia group known as Harakat-i-Inqilab-i-Islami.” In addition to being one of the Taliban’s most experienced military commanders, Fazl worked closely with a top al Qaeda commander named Abdul Hadi al Iraqi, who headed al Qaeda’s main fighting unit in Afghanistan prior to 9/11 and is currently detained at Guantanamo.

Mullah Norullah Noori (senior Taliban military commander): Like Fazl, Noori is “wanted by the United Nations (UN) for possible war crimes including the murder of thousands of Shiite Muslims.” Beginning in the mid-1990s, Noori “fought alongside al Qaeda as a Taliban military general, against the Northern alliance.” He continued to work closely with al Qaeda in the years that followed.

Abdul Haq Wasiq (Taliban deputy minister of intelligence): Wasiq arranged for al Qaeda members to provide crucial intelligence training prior to 9/11. The training was headed by Hamza Zubayr, an al Qaeda instructor who was killed during the same September 2002 raid that netted Ramzi Binalshibh, the point man for the 9/11 operation. Wasiq “was central to the Taliban's efforts to form alliances with other Islamic fundamentalist groups to fight alongside the Taliban against U.S. and Coalition forces after the 11 September 2001 attacks,” according to a leaked JTF-GTMO threat assessment.

Khairullah Khairkhwa (Taliban governor of the Herat province and former interior minister): Khairkhwa was the governor of Afghanistan’s westernmost province prior to 9/11. In that capacity, he executed sensitive missions for Mullah Omar, including helping to broker a secret deal with the Iranians. For much of the pre-9/11 period, Iran and the Taliban were bitter foes. But a Taliban delegation that included Kharikhwa helped secure Iran’s support for the Taliban’s efforts against the American-led coalition in late 2001. JTF-GTMO found that Khairkhwa was likely a major drug trafficker and deeply in bed with al Qaeda. He allegedly oversaw one of Osama bin Laden’s training facilities in Herat.

Mohammed Nabi (senior Taliban figure and security official): Nabi “was a senior Taliban official who served in multiple leadership roles.” Nabi “had strong operational ties to Anti-Coalition Militia (ACM) groups including al Qaeda, the Taliban, the Haqqani Network, and the Hezb-e-Islami Gulbuddin (HIG), some of whom remain active in ACM activities.” Intelligence cited in the JTF-GTMO files indicates that Nabi held weekly meetings with al Qaeda operatives to coordinate attacks against U.S.-led forces.

Brian? wrote: »

Now, that's a lot of examples alright. A fine list no doubt. However, I'll ask you this question: Why has none of this been challenged successfully in the supreme court? All executive orders are subject to judicial oversight. The Executive cannot operate outside the constitution.

The Supreme Court seemed to shut the door to congressional standing in Raines v. Byrd (1997), a lawsuit brought by six congressmen who challenged the constitutionality of the presidential line-item veto.The court held that the congressmen lacked standing, because the loss of congressional power they lamented was a "wholly abstract and widely dispersed" injury.