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.
Hillary had a secret meeting with Obama Thursday. She serves in no capacity and has only one reason to meet with Obama which is to “get the story straight…all the stories straight.”
Obama didn’t consult Congress as this had been in process for a very long time; perhaps when Hillary was involved.
Oops!!! Yet another faux pas?
“Oh, what a tangled web we weave when first we practice to deceive.”
P.S. Give credit where credit is due. Susan “Mudd” Rice has her lines down pat and recites them by rote very well, in deed. Talk about taking one for the team. And how about that Carney? He just couldn’t prevaricate one more time.
Special Select Committee
It’s time for a special select committee on the illegal release of the Taliban General Staff.
Domestically, this was an act of treason and, as the individuals are wanted for crimes against humanity, they should have been remanded to other international jurisdictions for prosecution.
There is a cancer growing on the Presidency.
Mike Appleton
“John:
Your understanding of natural born citizenship is incorrect. The Orly Taitz School of Law will never be accredited.”
———————————————–
The facts in the question of eligibility for candidacy for the office of president are irrefutable.
The opposing view relies entirely on the fact that quantification does not exist in the Constitution. Neither side in the debate discovers a precise number. The argument devolves to the origin of the law (i.e. Law of Nations) and the contemporary opinion and practice. Ben Franklin received and “pounced on” copies of The Law of Nations which was published in French, Washington, et. al., spoke French which was the language of England previously and of the upper classes contemporarily. Many quotes by Founders using the very plural “parents” exist and all subsequent Presidents complied with the requirement save one who fraudulently hid the fact.
I concede that Nancy Pelosi, with dereliction, withheld Congressional scrutiny and allowed an ineligible candidate to proceed, but that has nothing to do with ethical, objective behavior or the Constitution, origin, contemporary understanding and intent.
I accept that you assign yourself authority to erroneously judge the facts. Please proceed. That’s called judicial corruption and subjectivity for ideological purposes…happens all the time. But you’ll have to accept the fact that this unimpeachable set of facts will be “incorrect” until it is “correct.” I’m reminded of Prohibition which was “correct” in 1920 and incorrect in 1933. And that abortion (i.e. murder) and the “welfare state,” etc. were “incorrect” until the 1960’s and “correct” after.
See you in court.
Mike Lupica is a sports columnist for the NY Daily News. However, he opines on all sorts of topics. He is intelligent, intellectually honest, and eloquent. Lupica is a Dem and a supporter of Obama. He is not a cultist. He wrote how it is horrible that on a day we celebrate brave soldiers on D Day we have to deal w/ the Bergdahl debacle foisted upon on us by Obama. It’s a good read. He is humorous and had a great line, “Susan Rice is so light she might float away.”
The Guardian has an interesting piece today. When Obama gave his State of the Union address he boldly declared he would go it alone. But, for 6 months he had done nothing. The cultists demanded something. So, in the span of 10 days, Obama announced a new foreign policy in a speech @ West Point. It has been panned by both his critics and supporters. He did the Bergdahl swap that has backfired badly, and he announced the new EPA rules, hurting many Democrats facing a Fall election. Combine that w/ the VA debacle and you might have the worst 10 days in modern times for a President.
Diane Feinstein stated yesterday the new reason put forward by the WH for not consulting Congress, that being they could not trust Congress because Bergdhal’s life would be taken, simply not credible. DC translation. “A lie.”
The Arab Daily News is reporting today we should salute Bowe Bergdahl for leaving his troop and investigate his, and all US troops for war crimes. Cultist have an ally.
Eric: “What Bush, Blair, Blix, or anyone else believed didn’t matter. The intel didn’t matter. The test was Iraq’s compliance, not the intel.
Bush didn’t need to embellish it. Saddam was in material breach, period.”
Just like that, the nation goes to war.
You really believe that the entire country would just jump into war because of a country’s alleged failure to fully comply with a U.N. sanction?
What’s the weather like on your planet?
The October 2002 NIE v. Redacted White Paper; the Niger allegation and the 9/11>>Iraq lies were the fraudulent representations needed to convince the country to go to war.
Statements like:
“We know where they are. They’re in the area around Tikrit and Baghdad and east, west, south and north somewhat.”
— Secretary of Defense Donald Rumsfeld (March 30, 2003)
“Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction.” — Vice President Dick Cheney (August 26, 2002)
“Intelligence gathered by this and other governments leaves no doubt that the Iraq regime continues to possess and conceal some of the most lethal weapons ever devised.” — President George W. Bush (March 18, 2003)
Creating the illusion of an imminent threat of a “mushroom cloud” was the only way to defraud the country into war.
You’re just the Right side of the fanatically loyal equation.
Here’s your oath:
I, (Name of Bush faithful), do utterly testify and declare in my conscience that the King’s Highness is the only supreme governor of this realm AND UNIVERSE AND ALL OTHER PARALLEL UNIVERSES, 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 UNIVERSE AND ALL OTHER PARALLEL UNIVERSES; 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.
Chuck
.Wright’s right. And so are you. God help me, I’m weak. I can’t stand the bullsh**ery.
Choose an acronym. Post it when I get carried away. I’ll try to shut up.
O S
yep
now, where did i put that sharpie?
OT, for the record, I, citizen and Karen S are right and Bob,Esq. is wrong about the Iraq war. What Bush, Blair, Blix, or anyone else believed didn’t matter. The intel didn’t matter. The test was Iraq’s compliance, not the intel. Even if hypothetically the intel indicated Saddam had totally scrubbed his WMD program and sworn off WMD forever, Saddam was still required to prove it. The blow-up over the intel is basically a big red herring. Like Clinton said, Bush should have just left it out. Clinton already made the case for regime change based on Iraq’s compliance; Bush didn’t need to embellish it. Saddam was in material breach, period.
Elane, feynman, randyjet & Pete. This is for you. Chief Warrant Officer Jim Wright (USN, Ret.), currently of the great state of Alaska has some thoughts that you might find useful. As for me, as soon as I post this, I am off to the store to lay in a fresh supply of Sharpies. From Jim’s blog, Stonekettle Station.
feynman,
And let us not forget that Kaptain Krude was once commander of that great ocean research vessel the Good Ship Lollipop.
😉
Paul,
What is the research of which you speak?
Elaine – what is it that you are looking for?
Elaine,
They’ve won six Pulitzers. The Desert Paladin teaches at Columbia School of Journalism. Mr. K once delivered groceries to Wm. F. Buckley.
Paul C. Schulte
Elaine – right hand column, down the page under the video for WI labor protests.
Don’t know why you failed to find it.
http://www.owsexposed.com/
*****
This is the investigative report that you’re referring to?
http://www.punditpress.com/2011/11/occupy-wall-street-rapsheet-so-far-with.html
Are the following people the individuals who conducted the investigative report?
Thomas Ferdousi: Chief Editor, Writer
Aurelius: Editor, Writer
Mr. K: Associate Editor, Writer
Unlikely Hospitalist: Writer
Eric Dondero: Associate Writer
Lawrence W. White, MD, Associate Writer
Danny R. Butcher, Associate Writer
Kaptain Krude, Part-time Writer
Dr. Robert Owens: Part-time Writer
Joe C.: Part-time Writer, Sports Analyst
Just another conservative girl, Associate Writer
The Desert Paladin, Associate Writer
Long live the King
Paul C. Schulte
p.s.
Rand Paul is short for crazy talk.
His rhetoric doesn’t even address any reality of the situation to the crowd that cheered… it’s called a dog whistle moment!
Paul,
Just one change would make it perfect
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 UNIVERSE AND ALL OTHER PARALLEL UNIVERSES, 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 UNIVERSE AND ALL OTHER PARALLEL UNIVERSES; …
Elaine – can you overcome the research? You have something that shows the research was faulty or incomplete?
Paul C. Schulte
Max-1 – I do not understand your last post directed to me. Could you please elaborate?
= = =
One would think the leader of the Free world could show the willingness to be compassionate to those they’ve poorly mistreated and find rehabilitation a no brainer here in America. BUT NOooooo!
Instead, the leader of the Free World is far too occupied with the fear of these innocent men doing bad things and so these innocent men need to be caged until the Leader of the Free world finds a host that can properly monitor them to the satisfaction of the leader of the Free world.
Why can’t the Leader of the Free world free these men?
Why can’t the Leader of the Free world monitor them on it’s own land?
Why can’t the Leader of the Free world afford an opportunity of freedom to those the Leader of the Free world oppresses, an opportunity to learn and experience this Freedom where the Leader resides? First hand rehab?