CHECK OUT THIS INTERVIEW: CHRIS MATTHEWS, host: Let me go to Colonel Davis, you know military law, I respect that. But what about this requirement that the president notify the Congress for 30 days before he cuts such a deal? Dianne Feinstein is a solid member of the United States Senate. Maybest the most solidest [sic] there is. The one true grown-up over there I think some days. And she makes sure that we know what she just said a few minutes ago, late this afternoon. She doesnt like this. She thinks the president of the United States, her political ally, has broken the law. What do you make of that? Col. MORRIS DAVIS, former chief prosecutor at Guantanamo Bay: Well, I think shes wrong. I mean, you go back to the Bush administration and Jay Bybees memo in 2002 where he said that Congress trying to put any constraints on the presidents authority as commander-in-chief is unconstitutional. He was talking about enhanced interrogation and the torture statute, but the same rationale applies here. And the president issued a signing statement when he signed this 30-day notification provision. And he said he was signing the bill but he felt it was an unconstitutional infringement on his authority as commander-in-chief. So I understand her objection, but I think the president is right in this case that he had the constitutional authority to do this. MATTHEWS: So his signing of that bill meant nothing? DAVIS: Well, it obviously meant a lot. It was the Defense Authorization Act, but that provision on the -- MATTHEWS: But he signed it. DAVIS: Yeah, well. MATTHEWS: Why do you sign a law you had no intention of enforcing? Thats what I dont quite get. Do you take the president as a serious man? When he signs something that includes that requirement of a 30-day notification, do you think that means something or doesnt mean anything? Is there a moral reservation attached? DAVIS: I think the Constitution trumps the statute. MATTHEWS: Even if he signed it? DAVIS: Yes. MATTHEWS: Well, thats certainly weird. Thats weird. Sometimes Im glad Im not a lawyer.
Posted on: Wed, 04 Jun 2014 16:47:48 +0000
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