Breaking The Law: Bergdahl Release From Taliban Breaks the Law

obama-smugHere’s a riddle: When is a law not a law? Answer: Whenever The Lyin’ King decides it isn’t. Well, no one said that the riddle was funny. It just happens to be true. Army Sgt. Bowe Bergdahl, 28, was released by the Taliban on Saturday after 5 years of captivity. He was exchanged for five Taliban prisoners, detained at Gitmo.

The fact that Sgt. Bergdahl was finally sent home is wonderful. The means by which it occurred, however, is less so. The primary fact is that the means by which his release was achieved is flagrantly illegal. The release itself also begs a question: After being left to languish in captivity for 5 years why ram through Bergdahl’s release now?

The five, former Gitmo detainees were described by Rep. Adam Kinzinger (R-Ill.), in The Washington Post : “The release of five mid- to high-level Taliban is shocking…especially not coming to Congress…You now are going to have five people on the ground targeting American troops, the Afghan troops and the Afghan people…”

The terrorists were identified by The New York Times:

  • Mohammad Nabi Omari “one of the most significant former Taliban leaders detained at Guantánamo.”
  • Mullah Norullah Noori also “considered one of the most significant former Taliban officials” at the prison…”
  • Mullah Mohammad Fazl…a former Taliban deputy defense minister…
  • Abdul Haq Wasiq, a former top Taliban intelligence official.
  • Khirullah Said Wali Khairkhwa…former minister of the interior and provincial governor.

Their release was secretly arranged with the Taliban, by the regime, without previous knowledge by Congress.

The New York Times conceded that Defense Secretary Chuck Hagel admitted to wrongdoing: “In this case, Hagel, acknowledged in a statement that he did not notify Congress ahead of time.” The law calls for the secretary to do so 30 days beforehand. Then, in the regime’s predictable manner, it didn’t even take 24 hours for Hagel and National Security Lickspittle Susan Rice to reverse the “my bad” admission on the Sunday talk show circuit.

FOX News reported: “Top Obama administration officials on Sunday praised the diplomatic and military efforts to recover Army Sgt. Bowe Bergdahl…saying it was an ‘extraordinary’ and ‘life-saving’ mission while disagreeing with the arguments that officials negotiated with terrorists and failed to inform Congress…‘He wasn’t simply a hostage,’ Rice said. ‘He was a prisoner of war.’ Hagel told NBC’s ‘Meet the Press’: ‘We didn’t negotiate with terrorists. Sergeant Bergdahl is a prisoner of war…’”Ohhhhh; the reasoning puts one in mind of Bill Clinton weaseling around by parsing the word “is,” doesn’t it?

The despotic pronouncement from the president is truly the bucket of muck after the flood. The Times revealed details: “When Mr. Obama signed a bill containing the latest version of the transfer restrictions into law, he issued a signing statement claiming that he could lawfully override them under his executive powers.” He could? Kim Jong-un, move over. The Imperial President’s statement, released on Saturday, put on paper the law he signed and his reasoning therein:

“Today I have signed into law H.R. 3304, the National Defense Authorization Act…Since taking office, I have repeatedly called upon the Congress to work with my Administration to close the detention facility at Guantanamo Bay, Cuba…For the past several years, the Congress has enacted unwarranted and burdensome restrictions that have impeded my ability to transfer detainees from Guantanamo. Earlier this year I again called upon the Congress to lift these restrictions…Section 1035 of this Act gives the Administration additional flexibility to transfer detainees abroad by easing rigid restrictions that have hindered negotiations with foreign countries and interfered with executive branch determinations about how and where to transfer detainees.”

Translation: “hindering negotiations” means hindering him. He don’t need no stinkin’ separation of powers.

Although liberal mouthpieces like The Washington Post and PBS preface the illegalities committed with phrases like GOP lawmakers going “so far as to accuse President Obama of having broken the law” and “GOP lawmakers say administration broke law with prisoner swap…” the fact remains that secret negotiations, even with heads of state, are illegal.

The Lyin’ King didn’t even do that. He negotiated the release of Sgt. Bergdahl with the Taliban. You know, terrorists? Those pesky rascals neither the U.S. nor her allies would ever negotiate with?

The question remains “why now?” Because a midterm election is coming up, that’s why. The New York Times inadvertently tipped the regime’s hand: “The Bergdahls, who have waged a tireless campaign for their son’s release, have sometimes criticized the Obama administration for lack of action. But at the impromptu Rose Garden appearance and in a statement released earlier in the day, they praised the American and Qatari governments for their help.”

A talking point, at long last, for an administration sadly lacking any.

About the author: Marilyn Assenheim

Marilyn Assenheim was born and raised in New York City. She spent a career in healthcare management although she probably should have been a casting director. Or a cowboy. A serious devotee of history and politics, Marilyn currently lives in the NYC metropolitan area.

View all articles by Marilyn Assenheim
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