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Important than this? >> i said i was playing devil's advocate. >> with bin laden they were willing to notify congress and it never got out. i think the president close to avoid going to congress because he knew there would be a lot of skepticism and he didn't want to hear it. >> assuming the president broke the law, so what? what happens? >> we'll see. i've drafted a resolution, i hope the united states senate will pass and talks about the issue and lays it out what the president did, why it's wrong, and calls for an investigation. let's keep this from happening in the future because ultimatel...

Are the condition of the release, if the president had simply notified congress three days in advance, as he's required to under law a lot of this could have been solved. members of congress, republican and democrat, not on a political basis would have said, are you kidding? five high-value detainees, two military commanders, one vice claire of the intelligence network, is think appropriate? we would have asked what are the conditions for the release. is it going to be continued defense to keep them off the battlefield or not? i think these questions should have been asked. there should have b...

That's the issue here. everything else is political noise that both sides are making to their disgrace. >> there has been a lot of recidivism, a lot of the people, under bush and obama, have been released and not a majority but some, a significant number, have ended up back on the battle feel. those questions i think are fair to ask. >> well, i think they're completely legitimate questions and i think the question that i have is, why wasn't the white house having this discussion with members of congress, like his own democratic, emphasizing democratic chairman of the senate intelligence commit...