President Barack Obama has violated the Constitution on numerous occasions. Obamacare, executive orders, cybersecurity, NSA surveillance, backdoor legalization of illegal aliens, the Pakistan drone war and the invasion of Libya are all serious constitutional violations.
On Wednesday South Carolina Senator Lindsey Graham warned that he and his fellow lawmakers will call for Obama to be impeached if the president releases more detainees from Guantánamo Bay without congressional approval.
Article II, Section IV of the Constitution provides Congress with the vehicle to impeach a president for high crimes and misdemeanors.
“It’s going to be impossible for them to flow prisoners out of Gitmo now without a huge backlash,” Graham said. “There will be people on our side calling for his impeachment if he did that.”
Lindsey Graham’s interpretation of the Constitution is highly political. In 2010 he opposed states’ right by stating Arizona’s immigration law was unconstitutional. He has supported the unconstitutional wars in Iraq and Libya.
Graham and Republicans in Congress insist Obama broke the law by releasing the Taliban detainees from the Guantánamo facility in exchange for Sgt. Bowe Bergdahl. The law in question is the National Defense Authorization Act for 2014 signed by Obama.
In 2006 the Supreme Court ruled 5-3 that the military commissions system established by Bush and his neocons was unfair and illegal.
“The Supreme Court has made clear that the executive branch does not have a blank check in the war on terror and may not run roughshod over the nation’s legal system. This decision moves us one step closer to stopping the abuse of power that has become the hallmark of this White House. Now that the Supreme Court has issued its decision, the president should make good on his promise and close Guantánamo,” said ACLU Executive Director Anthony D. Romero.
Outrage by Graham and partisan Republicans is highly selective. They did not call for the impeachment of Obama after the invasion of Libya. The action, ultimately resulting in the death of 30,000 Libyans, was clearly unconstitutional and violated international law.
Not all Republicans, however, signed on to the illegal war. In September, 2013, North Carolina Republican Walter Jones told Alex Jones Obama should face impeachment “for bypassing the Constitution and bypassing Congress to bomb another country.”
Jones said if the United States intervened directly in Syria without congressional approval, Obama would face multiple articles of impeachment.
Graham fully supported the unconstitutional and illegal invasion of Libya and suggested sending U.S. ground troops. “Let’s get in on the ground. There is a lot of money to be made in the future in Libya. Lot of oil to be produced. Let’s get on the ground and help the Libyan people establish a democracy and a functioning economy based on free market principles,” he told Fox News in October, 2011.
Last September he said if the administration did not engage in an unconstitutional invasion of Syria, Iran would nuke the United States.
Graham and his fellow Republicans are fully vested in the war on terrorism. Releasing Taliban government officials from illegal detainment in a camp situated on foreign territory (Cuba has protested against the presence of U.S. troops on its soil since 1959) is an important element of a war on terror promised to last indefinitely.