Wouldn’t Black Panther Holder have to initiate proceedings?
Shepard Smith asked Judge Andrew Napolitano whether or not the Taliban prisoner exchange was legal under the NDAA H.R. 1960 Statute. The judge explained that the swap was illegal because taxpayer dollars were spent to remove these prisoners from Guantanamo Bay without giving Congress 30 days notice.
However, Napolitano goes a step further by pointing out that Obama has provided material assistance (human assets) to the Taliban, which has been identified by Congress to be a non-state terrorist organization. This is a crime punishable by imprisonment of 10 years to life, which covers all Americans–including the President.