June 7, 2014
The Bergdahl Exchange -- a Wider Legal View
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...(Read Full Article)