Jun. 12, 2014 @ 12:00 AM
The Obama administration just released arguably the five most dangerous Taliban leaders detained at Guantanamo Bay in exchange for Army Sgt. Bowe Bergdahl. And it appears the president knowingly and willingly broke the law in doing so.
Under the National Defense Authorization Act, signed into law by Obama last year, the administration was required to notify Congress 30 days in advance of any such action. And even if the president can somehow find “legal” justification for what he did, he did not abide by the law.
Even Senate Intelligence Chairwoman Dianne Feinstein, D-Calif., said that it was “very disappointing” that President Obama decided not to alert Congress about the deal, suggesting a low “level of trust” at the White House.
Taliban leaders are reportedly hailing the release of the five prisoners as a major victory over Obama and the U.S.
A senior member of the Afghan Taliban described the exchange for Bergdahl as an “historic moment for us.” He went on to tell NBC News this was the first time its “enemy” had “officially recognized our status.”
President Obama was defiant in his remarks that he will “make no apologies” for a trade in which he openly admitted the possibility that these leaders may “return to activities that are detrimental to us,” despite families who still mourn the loss of six brave American troops who died while searching for Bergdahl after he went missing five years ago.
So who were these five Taliban leaders Obama released?
One was Abdul Haq Wasiq, a Taliban deputy minister of intelligence who reportedly used his office to support al-Qaida and to “assist Taliban personnel in eluding capture.” Wasiq has been accused by Human Rights Watch of mass killings and torture.
Mullah Norullah Noori, a senior Taliban military commander, is described as a military mastermind who engaged in hostilities “against U.S. and Coalition forces.” Noori has been implicated in the murder of thousands of Shiites in northern Afghanistan and reportedly “does not express any regret” for his actions.
Mullah Mohammad Fazi, a former Taliban deputy defense minister, was held at Guantanamo after being identified as an enemy combatant by the United States. He’s also wanted by the United Nations on war crimes for the murder of thousands of Shiite Muslims in Afghanistan.
Mullah Khairullah Khairkhwa, the former governor of the Herat province, once had close ties with Osama Bin Laden. He “represented the Taliban during meetings with Iranian officials seeking to support hostilities against the U.S. and coalition forces.”
Mohammad Nabi Omari, a senior Taliban leader, once held multiple leadership roles in various terror-related groups. Nabi reportedly helped al-Qaida operatives smuggle missiles in Pakistan for use against the U.S. and coalition forces.
So what would prompt Obama to bypass Congress to trade these Taliban militants for a questionable soldier and risk retribution against the U.S.?
The president’s argument that “we don’t leave our men or women in uniform behind” is pretty hollow given his failure to act in Benghazi.
This is one decision which may return to haunt the Obama legacy.
Mark Caserta is a conservative blogger, a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page.
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