Skip to comments.The Bergdahl Exchange -- a Wider Legal View
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 ...
Another reason why the regime must be removed. So too, with all their enablers in Congress and the media.
Obama is killing the Democrat Party. EVERY terrorist act from now on gets laid on the Democrats.
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.
Interesting. Thnx for posting
youre welcome. i agree that this is a very interesting piece.
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.
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.
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.
THAT sir, was sillier reasoning than to expect Qatar to protect the USA (by ‘monitoring’ known criminals/killers/assassins/enemies. )
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.
watch this Lou Dobbs report regarding reporter Michael Hastings who did a story in 2012. What happened to Hastings in 2013. Watch this report
Call your congressmen to demand impeachment.
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.
Call your congressman and ask him if he’s a traitor too.
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.
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.
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!