Obama has now blatantly committed a treasonous act by releasing five top terrorist commanders to the Taliban, a terrorist group. Albeit there is a one year transition time, during which the terrorists with reside in Qatar. The punishment of treason against the United States can be anything up to and including execution. Dressing this up as a prisoner exchange for a single deserter/turncoat is just a fig leaf. There is no higher crime than treason, so of course, this is an impeachable act. Treason is defined in the Constitution as follows.
Article III, Section 3. of the United States Constitution
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
The Taliban is not a national government that can declare an end to a war. They have made no pretense, in any case, of ending the war.
Some prisoners were released from Guantanamo during the presidency of George Bush and some of them re-joined the Taliban and participated in attacks against the US and its allies. The question is whether there was a reasonable expectation when they were released that they would not re-join their terrorist organization.
There appears to be no way to justify a belief that these top Taliban leaders will not re-join their terrorist comrades. Obama apparently released them against the advice of even his own advisers.
Judge Napolitano has been arguing on Fox News that Obama violated the following federal law prohibiting aid to terrorist groups:
The Judge is wrong. The charge should be treason, not violating federal law, but blatantly violating the Constitution. Obama, by now, has a clearly recognizable pattern of gradually dismantling the Constitution.
If Congress, including the Republican leadership, will not enforce the Constitution, they should ultimately face the same charges as Obama. They are all traitors to the Constitution and to the United States. Obama has from the beginning made them complicit in his treason and that is why Congress continues to refuse to act against Obama.