The report is titled ‘Report On The Inquiry Into: The Department of Defense’s May 2014 Transfer to Qatar of Five law-of-war Detainees In Connection With the Recovery Of A Captive U.S. Soldier.’
Mary Chasten reports: The House Armed Services Committee has concluded that President Barack Obama “misled the public” and broke several laws when he swapped five Taliban leaders for Army Sgt. Bowe Bergdahl.
“Our report finds that the Administration clearly broke the law in not notifying Congress of the transfer,” declared committee chairman
“Leading up to the transfer, DOD officials misled Congress as to the status of negotiations. Pentagon officials best positioned to assess the national security risks were left out of the process, which increases the chances of dangerous consequences from the transfer.”
The committee presented several findings in its report.
The transfer of the Taliban Five violated several laws, including the National Defense Authorization Act for Fiscal Year 2014. The constitutional arguments offered to justify the Department of Defense’s failure to provide the legally-required notification to the Committee 30 days in advance are incomplete and unconvincing. The violation of law also threatens constitutional separation of powers…
The Committee was misled about the extent and scope of efforts to arrange the Taliban Five transfer before it took place. The Department of Defense’s failure to communicate complete and accurate information severely harmed its relationship with the Committee, and threatens to upend a longstanding history and tradition of cooperation and comity.
The prisoners learned about their transfer on May 29, 2014, while Congress knew nothing. The department finally alerted Congress on May 31, “less than two hours” before the terrorists departed from GTMO.
The Committee also found that the five prisoners resumed their activities once they reached Qatar. “It is irresponsible to put these terrorists that much closer to the battlefield to settle a campaign promise and unconscionable to mislead Congress in the process,” said Thornberry.
During its investigation, the committee was told by the Pentagon’s serving General Counsel, Stephen Preston, that the Department of Justice “believed the president’s ‘constitutional authority’ over service members could permit the president to act notwithstanding the 30-day notification requirement.” Read the rest of this entry »
Misbehavior before the enemy violates Article 99 of the Uniform Code of Military Justice and includes grotesquely dishonorable behavior, including running away, ‘shamefully’ abandoning any place that it is his ‘duty to defend,’ ‘cowardly conduct,’ or endangering the safety of his unit through his own ‘disobedience, neglect, or intentional misconduct.’
Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.
Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was — but he was also charged with misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.
“The maximum penalty is death, but it’s highly unlikely that the Army will seek to execute Bergdahl.”
Misbehavior before the enemy violates Article 99 of the Uniform Code of Military Justice and includes grotesquely dishonorable behavior, including running away, “shamefully” abandoning any place that it is his “duty to defend,” “cowardly conduct,” or endangering the safety of his unit through his own “disobedience, neglect, or intentional misconduct.” Read the rest of this entry »
Hating evil is just as important as loving the good. Because if you don’t, you’re likely to give evil a pass
Rabbi Shmuley Boteach writes: American Sniper is a film of soaring patriotism and an ode to our courageous military. For too long Americans have lived with only two percent of the population losing arms and legs and dying so that the other ninety-eight percent can be safe and free. If we’re not going to copy the heroes of the military at least we can salute them. But the prerequisite of gratitude is knowledge and so few of us really know how much our military sacrifices that it’s hard to feel indebted. That’s what makes American Sniper a movie that portrays Hollywood at its best, telling the story of a valiant and selfless soldier with complexity, truth, and depth.
“What American Sniper is really about is the battle by decent men against truly dark forces of wickedness. The American soldiers who battle the terrorists in Iraq do not hide their contempt for the killers. They hate them, despise them, loathe them, and want to kill them.”
So why are so many people on the left attacking the film? What is their issue with a hero like Chris Kyle, who dedicated his life to saving Americans from murder and was himself killed when he tried to help a psychologically damaged marine?
“The most accurate standard in judging our commitment to humanity is the extent to which we fight to preserve life. For some that fight involves research in a lab to defeat cancer. For others it involves climbing a ladder in a terrible inferno to rescue a stranded child. And for some it involves going to war against barbarous terrorists so that they cannot blow up pregnant women.”
The answer lies in our failure to hate evil. What American Sniper is really about is the battle by decent men against truly dark forces of wickedness. The American soldiers who battle the terrorists in Iraq do not hide their contempt for the killers.
“Churchill spoke openly of his utter hatred of Hitler…And because he hated the beast he inspired a nation to fight him. The French, who did not hate Hitler, collaborated with him and sent Jews and many others to the gas chambers instead. But on the political left, hatred has gone out of vogue.”
They hate them, despise them, loathe them, and want to kill them. Not because they have any bloodlust and not because they enjoy violence. Rather, they are committed to life and are well aware of the fact that the only way to prevent the murderers from slaughtering the innocent is through the necessary evil of conflict.
“Hating evil is just as important as loving the good. To be truly righteous, it’s not enough to love good people. You have to hate—and fight—bad people.”
From time immemorial theologians have debated what makes a person truly righteous. How do we know when someone’s faith is sincere? Some say it is evidenced by a love of humanity. But I have met legions of confirmed atheists who are the finest human beings alive.
“We will have to repent in this generation not merely for the vitriolic words and actions of the bad people but for the appalling silence of the good people.”
— Martin Luther King, Jr.
Others argue that it is martyrdom and a readiness to lay down one’s life for a great cause. But suicide bombers blow themselves up in the name of their faith all the time. Still others argue that goodness is judged by religious ritual observance. But we all know religious people who are devout church and synagogue-goers but who are utterly unethical in other spheres.
Which brings me to this conclusion. Read the rest of this entry »
For The Daily Caller, Christopher Bedford reports: As early as 2010, the Pentagon had confirmed that Sgt. Bowe Bergdahl had deserted his post in 2009, and even before he deserted he had been the subject of “a major classified file” by U.S. intelligence.
A 2010 investigation by the Pentagon found there was solid evidence that Bergdahl hadn’t lagged behind on patrol, as first reported, and had indeed walked from his post, AP reports. The Pentagon decided at that point to draw down search-and-rescue operations. Read the rest of this entry »