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President Obama Trades Al Qaeda-Linked Taliban Leaders For Release of American Soldier

President_Barack_Obamaarticle-2644788-1E5CCBF900000578-994_634x541The 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.

article-0-1E5D780000000578-963_634x473The 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.

bergdahl-collageThe 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.

1,420 thoughts on “President Obama Trades Al Qaeda-Linked Taliban Leaders For Release of American Soldier”

  1. Paul,

    Hitler wanted the body.

    Henry VIII demanded body and soul.

  2. Bob, Esq – I think this is sufficient. It is a translation of the SS oath.

    “What is your oath ?” – “I vow to you, Adolf Hitler, as Führer and chancellor of the German Reich loyalty and bravery. I vow to you and to the leaders that you set for me, absolute allegiance until death. So help me God !”

    “So you believe in a God ?” – “Yes, I believe in a Lord God.”

    “What do you think about a man who does not believe in a God ?” – “I think he is arrogant, megalomaniacal and stupid; he is not one of us.

  4. Paul C. Schulte
    Max-1 – I am up for the trade that Rand Paul is proposing. 🙂
    = = =
    Thought that would put a smile on your face.

    Now, care to discuss why Rand supports drones AFTER he was against their use?

    1. Bob, Esq. – the Wehrmacht who plotted against Hitler felt strongly enough about the oath that they went to a Catholic priest to get permission to violate the oath. And the Wehrmacht Oath is not as strict as the SS.

      “I swear by God this sacred oath that to the Leader of the German empire and people, Adolf Hitler, supreme commander of the armed forces, I shall render unconditional obedience and that as a brave soldier I shall at all times be prepared to give my life for this oath.”

  5. Steve Kellam
    There are lot’s of “may haves” that have yet to be confirmed.
    I’ll let Wolf Blitzer and CNN be the “may have” crew…
    … Missing airplanes, anyone?

  6. Max-1 – I am up for the trade that Rand Paul is proposing. 🙂

  7. Paul,

    The Nazi loyalty oath is wholly insufficient.

    We’re in King Henry VIII country now.

  8. Rand Paul: Let’s trade Dems, not Taliban
    http://www.politico.com/story/2014/06/rand-paul-bowe-bergdahl-107538.html?hp=r1

    FORT WORTH, Texas — Sen. Rand Paul on Friday likened Democrats to the recently released Taliban detainees at Guantanamo Bay in a speech here at the Texas GOP convention.

    “Mr. President, you love to trade people,” the Kentucky Republican and likely 2016 contender said to laughs, a reference to the deal made for the return of Sgt. Bowe Bergdahl.

    “Why don’t we set up a trade? But this time, instead of five Taliban, how about five Democrats? I’m thinking John Kerry, Hillary Clinton, Nancy Pelosi…”

    He was drowned out by cheers.
    (continued)

  9. Annie the poster you mentioned was referencing the wide spread sexual abuse of boys by Afghan men.

    I recommend a documentary by Vice titled “This is What Winning Looks Like.” It can be found on YouTube and is very well done and very depressing.

    Bergdahl may have been abused. It seems they usually choose boys that are 10-14, but I’m sure they aren’t too picky.

  10. Bob, Esq – the Nazis had an oath that the army took directly to Hitler. No reason not to use a perfectly good loyalty oath again. Just have to change the name from Hitler to Obama.

  11. Paul C. Schulte
    The Leader of the Free world (spit) says it has no room in their inn?

    1. Max-1 – I do not understand your last post directed to me. Could you please elaborate?

  12. King Obama’s Oath of Supremacy

    I, (Name of Obama faithful), do utterly testify and declare in my conscience that the King’s Highness is the only supreme governor of this realm, and of all other his Highness’s dominions and countries, as well in all spiritual or ecclesiastical things or causes, as temporal, and that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority ecclesiastical or spiritual within this realm; and therefore I do utterly renounce and forsake all foreign jurisdictions, powers, superiorities and authorities, and do promise that from henceforth I shall bear faith and true allegiance to the King’s Highness, his heirs and lawful successors, and to my power shall assist and defend all jurisdictions, pre-eminences, privileges and authorities granted or belonging to the King’s Highness, his heirs or successors, or united or annexed to the imperial crown of this realm. So help me God, and by the contents of this Book.

    Long live the King

  13. Paul C. Schulte

    “Steve – when Harry Reid was asked exactly when he was notified, he said “Does it really matter?” I think Harry Reid is lying just like he was lying about Romney not paying taxes. He just wants people to think he is in the loop.”

    He actually quoted Hillary and said “What difference does it make.” He then repeated himself in case any anyone missed it.

    I have little doubt he his lying, much to the chagrin of the administration because his claim is undermining their new “justification” for not notifying Congress of the impending “Trading Sgt. Bergdahl.”

    Wait, so you’re saying Romney DID pay taxes?

    ……but, but Harry Reid said “he didn’t pay any taxes for 10 years.”

    and

    Pelosi even backed it up with this fact bomb: “Harry Reid made a statement that is true. Somebody told him. It is a fact.”

    “Enlightened statesmen will not always be at the helm.” James Madison

    1. Steve – we know that Romney has been paying taxes because even the progressives are saying his tax rate is 17%. Now the amount he is paying at that rate is more than many of us will make in a lifetime, but at least we know he is paying taxes.
      I, too, am shocked, shocked I say, to find that Harry Reid misspoke himself on several occasions about the non-payment of taxes by Mitt Romney. He was so sure of himself, I was sure he was right about it. And with Pelosi backing him up, with her unqualified support, how could he have been wrong? I think I am suffering from PTSD because of the shock. I would check myself into the local VA hospital but it is in Phoenix and I would probably end up on the double-secret waiting list.

  16. People posting here never lie. I’m sure Paul’s citation for OWS crimes and convictions will be arriving any moment.

    1. Annie – always like when an unidentified source comes forward. And if I were Bergdahl, I would be covering my butt like crazy. Both literally and figuratively. He could be another William Manchester who makes his biography up as he goes along.

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