The prisoner exchange with the Taliban on May 31 has exposed a constitutional issue reminiscent of the George W. Bush era. Legal advisers to Bush asserted a host of plenary, exclusive and inherent presidential powers to sharply diminish congressional control over executive power.
In 2009, the Obama administration took steps to scale back those inflated models of presidential power. However, the prisoner exchange brings the administration full circle by insisting that a statute requiring notice to Congress before transferring detainees from Guantánamo Bay, Cuba, could not control independent presidential decisions.
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