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Have to approve it. they were notified december 2011 and notified again january of 2012, and the president had to act here. because it with was a safety not just of the american p.o.w., but the operators that had to go into the hostile territory in ghost afghanistan to detract one of our own. >> but i will say that marsha blackburn makes the point that dianne feinstein made, and i want to play that. >> i understand that he was undernourished and not malnourished and undernourished and the last assessment had been made in the few months before in december of last year, and so unless something c...

Undernourished, not necessarily malnourished, but undernourished. the last assessment was made a few months before, i think in december of last year. so unless something catastrophic happened, i think there was no reason to believe that he was in instant danger. >> that's both a political and a legal question. that's because under the 2014 defense authorization act, the secretary of defense is supposed to notify congress 30 days prior to any transfer of gitmo detainees. the president did issue a signing statement at the time saying he thought he could override that restriction. but there's no ...

But the last assessment had been made a few months before. i think it was in december of last year. so, unless something catastrophic happened, i think there's no reason to believe that he was in instant danger. there certainly was time to pick up the phone and call, and say i know you all had concerns about this. we consulted in the past. we want you to know we have renewed these negotiations. it would give us an opportunity to ask questions and hopefully obtain answers. >> john heilemann, supporters of the president in the last few days say well these are republicans trying to make political...

Instant danger. there certainly was time to pick up the phone and call and say i know you all have concerns about this. we consulted in the past. we want you to know we have renewed these negotiations. it would give us an opportunity to ask questions and hopefully obtain answers. >> see, this really troubles me. we're getting -- we're getting concern from both sides of the aisle. i don't know how that actually settles with what the president said in poland yesterday which is tape we should run again about notification. but it seems that those in congress are very, very concerned. especially th...