Former U.S. Attorney General Michael Mukasey on Sunday defended President Barack Obama’s constitutional authority to exchange five Taliban prisoners of war for U.S. Army Sergeant Bowe Bergdahl, but suggested that Obama should be impeached anyway.
“He broke the law, but I believe that the law itself is unconstitutional,” Mukasey said, referring to Obama’s apparent failure to give Congress 30 days’ notice before approving the prisoner exchange. “Article II [of the U.S. Constitution] makes him commander in chief of the armed forces. These people were in the custody of the armed forces.”
While many Republicans have decried Obama’s actions as illegal, saying he violated the 30-day notification statute, Mukasey said that the statute itself is not legitimate.
“It’s unconstitutional, and Obama said so at the time that he signed it,” Mukasey said.
Nevertheless, Mukasey suggested that Congress could still impeach the president for agreeing to release five Taliban prisoners of war in exchange for Bergdahl, saying that elected officials do not need to commit crimes to be impeached.