« Washington Post: Americans Are Beginning to Doubt Obama's Competence | Main | Hello: White House Overrode Normal Rules of Interagency Debate on Bergdahl Exchange to Get the Answer They Wanted »
June 03, 2014

Bergdahl's Team Leader: We Picked Up Taliban Radio Chatter Stating That Bergdahl Was Seeking to Talk to the Taliban

Outstanding.

Former Army Sgt. Evan Buetow was the team leader with Bowe Bergdahl the night Bergdahl disappeared.

"Bergdahl is a deserter, and he's not a hero," says Buetow. "He needs to answer for what he did."

Within days of his disappearance, says Buetow, teams monitoring radio chatter and cell phone communications intercepted an alarming message: The American is in Yahya Khel (a village two miles away). He's looking for someone who speaks English so he can talk to the Taliban.

"I heard it straight from the interpreter's lips as he heard it over the radio," said Buetow. "There's a lot more to this story than a soldier walking away."

Oh, in case you had any doubts, Obama's explanation as to why he's permitted to break the law on a whim is pretty weak.

Today, Caitlin Hayden of the National Security Council issued a statement outlining a new legal rationale for the administration’s position (HT: Marty Lederman]. Unfortunately, it is remarkably weak:
With respect to the separate 30-day notification requirement in Section 1035(d), the Administration determined that the notification requirement should be construed not to apply to this unique set of circumstances, in which the transfer would secure the release of a captive U.S. soldier and the Secretary of Defense, acting on behalf of the President, has determined that providing notice as specified in the statute could endanger the soldier’s life.

In these circumstances, delaying the transfer in order to provide the 30-day notice would interfere with the Executive’s performance of two related functions that the Constitution assigns to the President.... To the extent that the notice provision would apply in these unique circumstances, it would trigger the very separation of powers concerns that the President raised in his signing statement.

The biggest problem with this argument is that the 30 day notice requirement contains no exception for “unique” circumstances where the President or the secretary of defense believe that obeying it might endanger a soldier’s life. The National Defense Authorization Act and other national security legislation contain numerous provisions that can be waived in appropriate circumstances by the president or the secretary. There is no such waiver or exception in the 30 day notice requirement. If the president can get around the law anytime he or the secretary of defense believe that it might save a soldier’s life, then he could disregard almost any congressional restrictions on warmaking.

It should be noted that while this justification is deliberately wrongheaded on the law, it's complete bullshit as to the facts: The Administration has been pushing this same exact deal -- Bergdahl for the same five Taliban -- since 2012.

The idea that after two years of pushing the same deal, an additional 30 days for Congressional notification puts Bergdahl's life in additional danger, is simply a fiction postulated to further this malevolent tyrant's power.

Counter-Scandal! Here's the real scandal, according to the Left -- that a Republican helped Bergdahl's unit get in touch with the media.

See, the real scandal is that People Found Out.



digg this
posted by Ace at 04:31 PM

| Access Comments




Recent Comments
Puddin Head: "302 I also remember when IBM was going to rule the ..."

Anon a mouse: "White nationalism FTW!" Mentioned last night th ..."

bicentennialguy: "It is and it's also conspiracy. Plus you can make ..."

TheJamesMadison, The Winter Soldier with a new arm: "299 I also remember when IBM was going to rule the ..."

Gref: "296 Buttigieg truly is finished. Notice how all th ..."

TheJamesMadison, The Winter Soldier with a new arm: "296 Buttigieg truly is finished. Notice how all th ..."

The Great White Scotsman: "Shut Down D.C. aimed to "disrupt the systems that ..."

Puddin Head: "294 I move that she personally be installed on Goo ..."

clutch: "I also remember when IBM was going to rule the wor ..."

artisanal 'ette: "[i]Candace Owens: Dems Using White Supremacy Issue ..."

Blue Hen: "PM Modi endorses Trump for President. Huge crowd ..."

bicentennialguy: "Shut Down D.C. aimed to "disrupt the systems that ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64