BOISE -- This past week, members of Congress have expressed their own concerns over President Obama's quick decision to swap five Guantanamo Bay prisoners for Army Sergeant Bowe Bergdahl.
"It's pretty clear that President Obama violated his statutory duty to provide Congress with a 30-day notice about this prisoner swap," said David Adler, Director of the Andrus Center for Public Policy and Constitutional Scholar. "Now, President Obama had claimed that time was of the essence, time didn't permit him to consult with Congress, or to provide notice."
Adler said this raises questions of whether the president had the authority to ignore the statute to notify congress because of the emergency.
"Under our constitutional system there's no justification for emergency action undertaken by the president," Adler said.
However, the president does have a Constitutional remedy.
"President Obama could come to Congress, explain his actions, why he did fail to notify Congress in compliance with the statute, and then ask congress to grant retroactive authorization," Adler said.
Several presidents, including Thomas Jefferson and Abraham Lincoln, have done that before, Adler told Newschannel Seven.
"I would think the Idaho delegation should lead the way in introducing the appropriate legislation to provide for retroactive authorization," he said. "After all, our delegation has been outspoken in its support of trying to obtain the release of Sgt. Bergdahl these long five years."
Adler said the president's actions justify a Congressional inquiry, but do not rise to the level of an impeachable offense.