The release of Army Sgt. Bowe Bergdahl, the only American soldier held captive in Afghanistan, has been a source of celebration but also concern in Washington. While the country has long insisted that it would not negotiate with terrorists, it seems like it has been doing precisely that for years in working out a trade that ultimately led to the release of five Taliban leaders. More importantly, federal law requires notice to Congress some 30 days before a release of a detainee from Guantanamo Bay — another federal provision that the White House appears to have simply ignored in a unilateral act. I am scheduled to discuss the case on CNN on Monday morning.
The circumstances of Bergdahl’s capture remain suspicious. He claimed in a videotape as a captive that he lagged behind a patrol and was captured. A friend who works closely with the military in Afghanistan says that that is highly unlikely given the protocols used on patrols. Fellow soldiers claim that Bergdahl was a deserter. My friend says that he was told that Bergdahl walked away from this base. He is quoted as saying that he was ashamed of being an American and disenchanted with the mission in Afghanistan. He was listed as missing in June 2009, three days after reportedly sending his parents an e-mail stating “I am ashamed to be an American” and “The horror that is America is disgusting.” Those sources say that he voluntarily left the mountain base. Worse yet, American soldiers were killed reportedly looking for Bergdahl, though there is still uncertainty about that claim.
That could put the President in a rough position. He declared that
“Sergeant Bergdahl has missed birthdays, and holidays and simple moments with family and friends which all of us take for granted. But while Bowe was gone, he was never forgotten”— not by his family or his hometown in Idaho, or the military. “And he wasn’t forgotten by his country, because the United States of America does not ever leave our men and women in uniform behind.”
If Bergdahl is a deserter, there will be pressure to charge him, but the trade may become even less popular if he is sitting in a brig. [Update: when I appeared on CNN this morning, the network aired the following statement from one of his former platoon members, Sgt. Matt Vierkant: “I was pissed off then and I am even more so now with everything going on. Bowe Bergdahl deserted during a time of war and his fellow Americans lost their lives searching for him.”]
Critics are likely to demand answers about his actions and alleged dissection while detailing the threat of these five leaders as well as their alleged Al-Qaeda connections. On the other hand, the White House is insisting that, with troops leaving the country, they needed to get him out and had no choice but to relent to the demand for a trade. The White House could also argue that the status of these Gitmo detainees remains a problem and the country cannot hold them indefinitely — so that these five would have had to be returned to Afghanistan eventually unless we were to use the widely ridiculed tribunal system.
Then there is the question of negotiating with terrorists and failing to comply with federal law.
Congressional leaders have warned that such trades only increase the incentive to capture U.S. soldiers and citizens around the world. The Taliban do not represent a nation state and many accuse them of regularly engaging in acts that would be deemed terrorism by the United States. The Obama Administration may be in the curious position of now insisting that they are freedom fighters or a legitimate military force rather than terrorists.
The federal law adds the obligation to notify congressional committees at least 30 days before making any transfers of prisoners with explanations of the conditions and arrangements for such releases. No such notice was given. While President Obama denounced signing statements by George W. Bush as a Senator and as a candidate for the presidency, he issued such a signing statement when the law was passed to say that the condition was unconstitutional as an infringement upon his powers as commander in chief. He appears in clear violation of federal law. You may recall then candidate Barack Obama promising “I taught the Constitution for 10 years, I believe in the Constitution and I will obey the Constitution the of the United States. We’re not gonna use signing statements as a way to do an end-run around Congress, alright?”
I recently testified (here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws.
It is notable that Obama is again claiming near absolute executive power (and augmenting this claim with the use of the controversial signing statement tactic). He is claiming that Congress cannot limit — even with a notice requirement — his control over detainees at Gitmo. It is another glimpse into what I once called the “uber presidency” that has emerged under the last two presidents.
The five men released are considered highly dangerous. Khirullah Said Wali Khairkhwa and Abdul Haq Wasiq are classified as a “high risk” to the United States. Two others, Mohammad Fazl and Mullah Norullah Mori, were present during the 2001 prison riot at Mazar-e Sharif when CIA paramilitary officer Johnny Micheal Spann was killed. Fazl is thought to be the Taliban “army chief of staff”) and a longtime al-Qaeda ally. Wasiq reportedly helped train al-Qaeda. Mullah Norullah Noori, a senior military commander also reportedly have ties with al-Qaeda. Khairullah Khairkhwa, a Taliban governor was also allegedly an al-Qaeda trainer. One is believed to be responsible for the deaths of scores of Shiites in acts of religious terror.
The agreement only reportedly includes a one-year travel ban — making it likely that these Taliban commanders will be back on the front lines.
The Administration has been negotiating on this trade for sometimes — years according to some reports. Yet, it clearly decided to violate federal law and not inform Congress. Once again, it is not clear who would have the standing to challenge such a violation due to the rigid standing doctrine created by the federal courts — an issue that I have raised previously in my testimony to Congress.
Putting aside the violation of federal law, do you believe that the United States should negotiate with groups like the Taliban or make trades with such captors? If not, where do we draw the line — with soldiers to exclude citizens? There are clearly arguments to be made by those who believe that we should negotiate with terrorists but the current official policy is that we do not.
LOL X 3!
Angrymanspeaks has spoken! I like what you have to say.
Most informed people have long known that the biggest terrorist country is
one we are told to believe is keeping its citizens safe from terrorism.
It is when I say it.
Paul,
Feinstein is the one who thinks the 4th Amendment only protects her.
Jon Stewart Rips Dianne Feinstein For Hypocrisy On Government Spying
http://www.realclearpolitics.com/video/2014/03/13/jon_stewart_rips_dianne_feinstein_for_hypocrisy_on_government_spying.html
Democrats are smart, inclusive, hard working and they care. Republicans are stupid, racists/homophobes/sexists/ageists.lazy and heartless.
Nick – is that sarcasm?
angryman, Thank you for your detailed comment. I now have a good sense of your mindset. I hope you enjoy your time here engaging other folks. I will respectfully abstain.
Paul,
Reid Pelosi & Feinstein I would place in the obnoxious hypocrite category; especially Feinstein.
They’re not scary stupid.
Reid has been lying about everyone using his position on the Senate floor to protect himself. Pelosi cannot explain the abortion stand of her own religion and Feinstein is scary stupid. Isn’t she the one who couldn’t figure out if the CIA had tampered with the Senate Intelligence Comms. computers?
Bob, Esq:
how about: our experiences and knowledge inform our opinions.
Harry Reid and Diane Feinstein put out short, almost identical statements that “We will leave no soldier behind.” VERY quiet on the left so far. As I said previously, Dems were against this deal back in 2011/12 when it was first floated out there.
Bob, Esq:
Is your first name Thingum?
http://classiclit.about.com/library/bl-etexts/eapoe/bl-eapoe-literary.htm
“You have an immense head, too, and it must hold a great many brains. This I have long seen, and therefore had thoughts of making you a lawyer.”
Paul,
While I don’t agree with Byron’s world view, he is rather sharp when it comes to the topic of individual rights.
But that sentence he wrote was just pure gibberish.
Sort of like the things you’d expect to hear from Sarah Palin or Michelle Bachman or Todd Aken
Scary stupid things that only intoxication could excuse.
Bob, Esq – Gibberish is usually the sort of thing I hear coming out of Reid, Pelosi and Cummings. If you like I can repost the video of the king of saying gibberish.
“Host George Stephanopoulos asked Cruz whether he would make a similar deal if it was the only way to get Bergdahl back to the United States. Cruz refused to acknowledge the possibility. “It’s not the only way,” he said flatly. “We can go in and use military force, as needed, to rescue our fallen compatriots.”
If Cruz is an example, more repub saber rattling and willingness to kill more of our troops.
http://www.breitbart.com/Big-Government/2014/06/02/Ted-Cruz-on-Bergdahl-Deal-How-Many-Soldiers-Lost-Their-Lives
leejcaroll – I am trying to figure out if we really wanted this guy to begin with.
There’s a liberal disc jockey in Madison that calls Condelezza Rice “Aunt Jemima.” However, we are being led astray by people who have lost the argument on this topic. These 5 terrorist WILL KILL AMERICANS now that they are released. There will still be 10k US soldiers in country when they are back in Afghanistan. These terrorists are free to move about and communicate in Qatar. I’m looking for Dems supporting the president on this. I’ve looked @ left websites but haven’t found any yet. Can any of my friends on the left find any. Pelosi should be giving us her wisdom, just haven’t read it yet.
“when in actuality they are giving their opinion based on their perceptions informed by their epistomology.”
Byron,
I just got a note from my unity of apperception.
It read: “That’s it; I’m outta here.”
Compare Homer Simpson’s notes from his brain.
Bob. Esq
President Obama is half the man Senator Obama ever hoped to be.
Maybe President Obama can man-up to his Senator Obama?
Angryman,
Randyjet is quite reliable.
Bob, Esq – regarding your 7:49 comment. I have so wanted to say that to a couple of people. You are the MAN!!!!
Thanks, I’ll check him out. Has anyone mentioned that you bear a rather striking resemblance to Mary Steenburgen? I believe you cpould be sisters……or are you?
Well there you go then.
Peace
On Mon, Jun 2, 2014 at 7:52 PM, JONATHAN TURLEY wrote:
> Annie commented: “Angryman, Randyjet is quite reliable.” >
Byron,
“when in actuality they are giving their opinion based on their perceptions informed by their epistomology.”
Perceptions informed by their epistemology?!
Are you intoxicated?
angryman, Randyjet is a very unreliable source. Not a bad guy, but plays fast and loose. I discuss w/ people who listen, READ, and are intellectually honest. I am secure enough to admit when I’m wrong, when I don’t know, etc. I am an independent. I have, just on this thread, pointed out a big mistake Bush made. You seem to be new. I never voted for Bush, I did vote for Obama, but unlike so many here, I did not make the same mistake twice. I don’t whine[lots of whining here]. I don’t flop. I don’t play games. I don’t dance. On EVERY thread, unless it’s a lighthearted one, I am making substantive comments. Now, lets get back to substance. What have you read on this topic?
I; may at times seem more extreme than I really am because I sometimes support ideas that are wonderful in their conception but difficult to institute at best. Bit of a Don Quixote I’m afraid. Proud to play that role though; I must admit.
Someone must. keeps things in perspective I hope. (or something)
Not that I’m not completely serious. I believe what I say. I just don’t expect to change the world by believing it.
I’ll take everyone as I see them when they come if that’s Ok.
I see a few names I know from my former visits but a lot seem to be new within the past year or so. So I’m kind of old and kind of new. I’ll accept new.
Peace Nick. I have some pretty harsh opinions but I am not so harsh a person. I recognize that not every Republican is a raging sociopath. Too many are. Not every Cop is out to offend and oppress people. All will though when ordered to. Not every Black person is an honorable person with good intentions. Many are though; most if you actually do the math. Not every white man is a Racist; I’m not. Too many are. One is too many. Not every white man is an honorable person with good intentions. Many are though; most if you actually do the math. The world is a F—-d up place with much that is wrong and yes; I believe there is actual Evil at work here. Me? I’m just a Simple Country Philosopher. What do I know? Just what I believe.
As to what I have read; I have read several accounts and I have heard what his fellow soldiers say and in the end I just don’y know what moved him or what his mental status was. I don’t have a had opinion about this guy. Time will no doubt tell but I like to keep an open mind and I am hesitant to speak disparagingly of him without more understanding. Fair enough?
On Mon, Jun 2, 2014 at 7:48 PM, JONATHAN TURLEY wrote:
> Nick Spinelli commented: “angryman, Randyjet is a very unreliable > source. Not a bad guy, but plays fast and loose. I discuss w/ people who > listen, READ, and are intellectually honest. I am secure enough to admit > when I’m wrong, when I don’t know, etc. I am an independent. I have,” >
Wonder why the economy is in the toilet? Going out of turn (congressional I put), Obama just traded Batlic for Park Place.