On Saturday, when the President announced the brokered release of Sgt. Bowe Bergdahl by his Taliban captors in exchange of five Taliban leaders from their 12 year detention at Guantanamo Bay, his announcement was met with bipartisan outrage. Not only did the President fail to give Congress the statutory 30-day notice of an impending exchange of prisoners, he also made the trade unilaterally.
The most outrage has come, not because Bergdahl appears to be a deserter who walked away from his platoon five years ago, or because of the loss of life that followed as soldiers searched for Bergdahl, but because in the exchange, the President freed five of the most dangerous criminals of war to return to Afghanistan and take up the business of war and drug trafficking, restoring the nation to conditions similar to those before the United States spent much blood and treasure to free Afghanis of their influence.
Initial reports said that the nation of Qatar would hold the five Taliban criminals under what amounts to “house arrest” for a period of one year. The trade was characterized by the White House as a transfer rather than an actual freeing of the men. On Tuesday, however, videos of the criminals receiving warm welcome in the tiny mid-eastern country were accompanied by the news that there would be no restrictions on the movements of the men within the country of Qatar. And, since at least one Gitmo prisoner released to Qatar for supervision under similar conditions was ultimately picked up and jailed in London, one wonders how good the Qatari’s are at supervising terrorists.
Since even before Barack Obama took the oath of office as the 45th President of the United States, conservatives have been bristling at his “imperial” regime. This president stands accused regularly of doing end-runs around congress, enforcing duly enacted laws selectively according to political expediency, and generally bending, if not entirely breaking the ties that bind the nation to the Constitution. According to some Republicans, this time he’s gone too far. And some constitutional experts agree.
Andrew C. McCarthy, author of the book “Faithless Execution – Building The Political Case for Obama’s Impeachment” says the little infraction of not giving Congress 30-days notice of the impending trade is the least of the Presidential worries. Giving aid and comfort to the enemy in a time of war is also called treason which rises far above the simple standard of ‘high crimes and misdemeanors’ that can trigger impeachment. McCarthy is joined in his legal assessment of the situation by Fox News Senior Judicial Analyst Judge Andrew Napolitano.
Tuesday morning, during an interview conducted by Peter Doocy on Fox’s morning program Fox and Friends, Judge Napolitano said this about Obama’s prisoner exchange:
“(T)he president may very well have committed a federal crime by giving material assistance to a terrorist organization. He knows – ought to have known – that that’s what these guys (the released Taliban prisoners) will do.”
Former Florida Representative Allen West and others have begun calling for Obama’s impeachment citing the many scandals leading up to this prisoner exchange, which seems to be the icing on the impeachment cake.
West writes this on his website: “To hear Obama state that “no American should be left behind” — has he forgotten about Benghazi and Marine SGT Tahmooressi? How about leaving behind American veterans to die? Ladies and gentlemen, I submit that Barack Hussein Obama’s unilateral negotiations with terrorists and the ensuing release of their key leadership without consult — mandated by law — with the U.S. Congress represents high crimes and misdemeanors, an impeachable offense.”