Reagan regretted breaking the law to rescue prisoners — Obama is now in the same dangerous waters.
If there is one constant about U.S. policy in the Middle East, it is the law of nasty unintended consequences. That’s something the Obama administration disregarded when it recently chose to ignore the law that requires the president to consult with Congress before releasing or transferring any prisoners from Guantanamo. Flouting the law, Obama swapped five hard-core terrorists for Army sergeant Bowe Bergdahl. The Taliban terrorists are now in Qatar, whose government claims it will restrict their movements to inside Qatar for one year. And then what?
“These are the hardest of the hard core,” Senator John McCain, a former Vietnam POW, told CBS’s Face the Nation on Sunday. “These are the highest high-risk people, and others that we have released have gone back into the fight.”
Susan Rice, Obama’s national-security adviser, appeared on the Sunday-morning talk shows in full-spin mode that was reminiscent of her Benghazi appearances. “This was an urgent and acute situation,” she insisted, citing Bergdahl’s health as a reason for evading the legal requirement. Other Obama officials claim that the law wasn’t violated because U.S. diplomats went through a third party — Qatar — in arranging the release. George Stephanopoulos of ABC News summarized the administration’s justifications as follows:
This was moving so fast, they couldn’t talk to the Congress. But they also say the president, when he signed this law, said he had the constitutional authority not to live by it, that he had the constitutional authority to go around Congress and simply do what he needed to do to get the detainees back to their home countries.
The humanitarian aspects of Bergdahl’s release aren’t in dispute. Everyone is very glad he is back home. But there is real question as to whether he is a hero or a deserter. Significantly, Defense Secretary Chuck Hagel pointedly declines to say whether he believes that Bergdahl was attempting to desert the Army or go AWOL when he suddenly left his unit in Afghanistan in 2009 and disappeared. E-mails he sent prior to his capture surfaced in 2012 in Rolling Stone and indicated that he had been considering desertion.