Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Bergdahl Exchange -- a Wider Legal View
American Thinker ^ | June 7, 2014 | By Louis Rene Beres

Posted on 06/07/2014 11:29:28 AM PDT by kingattax

A number of plainly sensible arguments have already been raised in opposition to President Obama's exchange of an American military prisoner for assorted Taliban terrorists. Wherever these arguments have centered on the expected creation of additional and possibly new risks to Americans, they have been compelling, even unassailable.

Now, however, it should also be pointed out that there are certain vital and sometimes intersecting issues of U.S. law and international law involved in this matter. These specifically jurisprudential issues warrant immediate and informed clarification.

First, however, a non-legal reaction. It goes without saying that any reassurances offered by the government in Qatar are silly and humiliating at best.

For any American president to take seriously that Qatar or any other Arab government would meaningfully supervise the behavior of Islamist terrorists -- and to do so as a transparently servile subcontractor for Washington -- is to embrace a blatantly surreal geopolitics.

Now, back to law. A core element of all civilized legal systems is the rule of Nullum crimen sine poena, "No crime without a punishment." This ancient principle, strongly reaffirmed at the post-World War II Nuremberg Trials, is indisputably part of all international law. It applies very conspicuously in the current controversy over the Bergdahl-Taliban exchange.

(Excerpt) Read more at americanthinker.com ...


TOPICS: News/Current Events
KEYWORDS: bergdahl; michaelhastings; terrorists

1 posted on 06/07/2014 11:29:28 AM PDT by kingattax
[ Post Reply | Private Reply | View Replies]

To: kingattax

Another reason why the regime must be removed. So too, with all their enablers in Congress and the media.


2 posted on 06/07/2014 11:35:03 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kingattax

Obama is killing the Democrat Party. EVERY terrorist act from now on gets laid on the Democrats.


3 posted on 06/07/2014 11:43:03 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
[ Post Reply | Private Reply | To 1 | View Replies]

To: kingattax

0bama has broken at least four laws with this swap. Treason - aid and comfort to the enemy. The 30 day Congressional notification NDAA H.R. 1960 Statute - taxpayer dollars were spent to remove these prisoners from Guantanamo Bay. Then there is giving material assistance (human assets) to a non-state terrorist organization. And fourth the U.S. Policy and Response to Terrorists which says that the US “will make no concessions to terrorists. It will not pay ransoms, release prisoners, change its policies or agree to other acts that might encourage additional terrorism.”


4 posted on 06/07/2014 11:44:09 AM PDT by TigersEye ("No man left behind" means something different to 0bama.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kingattax

Interesting. Thnx for posting


5 posted on 06/07/2014 11:45:11 AM PDT by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Paladin2

youre welcome. i agree that this is a very interesting piece.


6 posted on 06/07/2014 11:46:16 AM PDT by kingattax (a real American would rather die on his feet than live on his knees.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: kingattax
It goes without saying that any reassurances offered by the government in Qatar are silly and humiliating at best.

Maybe, maybe not. If all they're asked to do is keep these guys out of the battle zone for a year, they micht be able to manage that, if they really want to. It may have been silly and humiliating that the deal was what it was, but I'd wait and see rather than pretend to know now whether Qatar will fulfill its role.

7 posted on 06/07/2014 11:52:44 AM PDT by x
[ Post Reply | Private Reply | To 1 | View Replies]

To: kingattax

Unfortunately some very marginal people join the military for a variety of reasons and find they are not capable of coping with the reality and stress of battle. Bergdahl turned out to be a deranged bad soldier and was not loyal to his comrades. Clearly he is not a hero. What is incredible is that the President would use this sad figure to effectuate the release of five dangerous senior Taliban leaders. Obama has made it plain that the sacrifices made by brave men in Afghanistan have been futile.


8 posted on 06/07/2014 11:59:43 AM PDT by allendale
[ Post Reply | Private Reply | To 1 | View Replies]

To: kingattax

The part where International Treaties can make law within the US has come up recently. sounds like our legislators continue to drop the ball wrt their responsibiities to their electors.


9 posted on 06/07/2014 12:09:50 PM PDT by Paladin2
[ Post Reply | Private Reply | To 6 | View Replies]

To: x

THAT sir, was sillier reasoning than to expect Qatar to protect the USA (by ‘monitoring’ known criminals/killers/assassins/enemies. )


10 posted on 06/07/2014 12:15:03 PM PDT by knarf (I say things that are true .. I have no proof .. but they're true.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Paladin2

for the most part, these dopes in congress act like they are royalty, and their constituents are really peasants that are an annoyance that they unfortunately have to deal with.


11 posted on 06/07/2014 12:39:23 PM PDT by kingattax (a real American would rather die on his feet than live on his knees.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: kingattax

watch this Lou Dobbs report regarding reporter Michael Hastings who did a story in 2012. What happened to Hastings in 2013. Watch this report
http://youtu.be/uRetpla_hIc


12 posted on 06/07/2014 12:52:55 PM PDT by ncfool (Hilary 2016 Procol Harum or Boko Haram. What difference does it make?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TigersEye

Call your congressmen to demand impeachment.


13 posted on 06/07/2014 1:14:13 PM PDT by Bigg Red (31 May 2014: Obamugabe officially declares the USA a vanquished subject of the Global Caliphate.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: kingattax

Any violations of law by this man do not matter at all, because no one is going to enforce the law on him.

He can do whatever he wants.

This is what it has come to, and it is going to get a lot worse.

He has been playing catch me if you can with no one chasing him the entire time.


14 posted on 06/07/2014 1:56:21 PM PDT by chris37 (heartless)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bigg Red

Call your congressman and ask him if he’s a traitor too.


15 posted on 06/07/2014 1:57:59 PM PDT by TigersEye ("No man left behind" means something different to 0bama.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: TigersEye

While I was talking to the aid of one of my two Rat senators, I offered to send him a link if I could find a place on line where the senator could buy a backbone.


16 posted on 06/07/2014 2:38:59 PM PDT by Bigg Red (31 May 2014: Obamugabe officially declares the USA a vanquished subject of the Global Caliphate.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Bigg Red
LOL I have two Rat senators too. I'm afraid that if I called them and told them what I think, and I would say what I think, that they would put me on a list. Or should I say 'another list?'

My congressman is good and is running to take one of those Rat senator's seats this fall. Cory Gardner vs. Mark Udall. Gardner is already making an issue of national security out of Bergdahl and Udall's lockstep support of 0bama across the board.

17 posted on 06/07/2014 2:46:12 PM PDT by TigersEye ("No man left behind" means something different to 0bama.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Bigg Red
“where the senator could buy a backbone.”

Some years ago, we were sitting around the deer camp carping about Sen M T Lott's latest cave when I got a brilliant idea. I went out and got some deer vertebrae knocked most of the dirt off of them, and shipped it to Lott with a note about Bambi no longer needing them so maybe he could have them installed.

The ungrateful little weasel never even sent me a thank you note!

18 posted on 06/07/2014 2:53:21 PM PDT by Clay Moore (I Like My Guns Like Obama Likes His Voters: Undocumented)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Clay Moore; All
I sent a tobacco stick (nicely engraved) to my Senator "Swindle" Ford (KY-Carter 'RAT); as a reminder,
that we as voters, could/should "use it" *thwack!* to across his elderly forehead for his support for
Jimmah "Malaise" Carter giving away the Iran Hostage debacle/Panama Canal and other events.

19 posted on 06/07/2014 3:13:11 PM PDT by skinkinthegrass (The end move in politics is always to pick up a gun..0'Bathhouse/"Rustler" Reid? d8-)
[ Post Reply | Private Reply | To 18 | View Replies]

To: All
correction: giving away the Panama Canal / Iranian Hostage debacle and other events.

20 posted on 06/07/2014 3:21:10 PM PDT by skinkinthegrass (The end move in politics is always to pick up a gun..0'Bathhouse/"Rustler" Reid? d8-)
[ Post Reply | Private Reply | To 19 | View Replies]

To: TigersEye

Oh, I am sure both of the senators have me on their lists, but I guess they are not worried about too much trouble from an old lady.

Yeah, Udall — a Demobot just like his father was. Good luck getting rid of him.


21 posted on 06/07/2014 4:14:19 PM PDT by Bigg Red (31 May 2014: Obamugabe officially declares the USA a vanquished subject of the Global Caliphate.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Clay Moore

Funny.

Don’t try that now, though, or they will be showing up at your door with some sort of charges.


22 posted on 06/07/2014 4:15:40 PM PDT by Bigg Red (31 May 2014: Obamugabe officially declares the USA a vanquished subject of the Global Caliphate.)
[ Post Reply | Private Reply | To 18 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson