This New Democrat Talking Point Shows Why The Rule Of Law Is Important

Washington Free Beacon:

MSNBC host Chris Matthews had a heated exchange with Col. Morris Davis, a former chief Gitmo prosecutor, Tuesday over the threat posed by the five Taliban commanders freed by the Obama administration to secure the release of Sgt. Bowe Bergdahl.

Other mainstream media members also have questioned the deal.

Davis said the legal basis to keep the five who were freed was about to run out, so the deal made sense to get Bergdahl back.

Wait . . . what?

Why The Five Taliban Detainees Had To Be Released Soon, No Matter What

Less than forty-eight hours after securing the release of Sgt. Bowe Bergdahl in exchange for five Taliban detainees held at Guantanamo, Republicans in Congress and conservatives in media began attacking the deal. In doing so, they are refusing to accept the reality of the situation on the ground in Afghanistan and the way wars end.

The United States is engaged in an armed conflict in Afghanistan against al Qaeda, the Taliban, and associated forces authorized by Congress under the 2001 Authorizations to Use Military Force. It is remains controversial whether this armed conflict extends beyond Afghanistan and the border regions of Pakistan, but what is not in doubt is that of the enemy forces party to this conflict, the Taliban is confined to Afghanistan and Pakistan. President Obama recently announced that the combat role for the United States in the armed conflict in Afghanistan will end this year and all participation will completely cease by 2016.

When wars end, prisoners taken custody must be released. These five Guantanamo detainees were almost all members of the Taliban, according to the biographies of the five detainees that the Afghan Analysts Network compiled in 2012. None were facing charges in either military or civilian courts for their actions. It remains an open question whether the end of U.S. involvement in the armed conflict in Afghanistan requires that all Guantanamo detainees must be released. But there is no doubt that Taliban detainees captured in Afghanistan must be released because the armed conflict against the Taliban will be over.

That can’t be right. We’ve been told for years now that the guys in Gitmo were terrorists and unlawful combatants that were not entitled to treatment as prisoners of war. That’s why we held them in Cuba instead of a prison camp in Afghanistan somewhere.

When did they become POWs? How come we never heard anyone say that they would have to be released by the end of the year until just recently?

Eventually, the facts forced Obama to gesture at the truth he had sought to evade. “Is there the possibility of some of them trying to return to activities that are detrimental to us?” he asked. Answering himself, he said, “Absolutely. There’s a certain recidivism rate that takes place.”

Which is a fancy way of saying that freed Gitmo detainees have returned to warring on the U.S. Rest assured these five killers, close allies of Taliban head Mullah Omar, will do so with relish.

Worse, Obama ran roughshod over the law requiring 30 days’ notice to Congress of a Gitmo release — and, reported Time, “dismissed long-standing Pentagon and intelligence community concerns based on top secret intelligence about the dangers of releasing the five men.”

Reaching for a rationale, the White House suggested there was no time to inform Congress because Bergdahl’s health was failing. But U.S. doctors in Germany are treating him only for diet issues, not even malnutrition.

Finally, Obama provided insight into the actual reason for the deal by placing it in the context of his drive to pull out of Afghanistan.

“This is what happens at the end of wars,” Obama said. “That was true for George Washington; that was true for Abraham Lincoln; that was true for FDR; that’s been true of every combat situation — that at some point, you make sure that you try to get your folks back.”

That’s what you call “making shit up as you go along.” If *somebody* had scrupulously followed the rule of law from the get-go we wouldn’t have this problem.

POP QUIZ: Why did we invade Afghanistan?

{{final Jeopardy! music}}

That was a trick question – we never “invaded” the place. We went in to help our good friends and allies the Nothern Alliance defeat the Taliban and to look for Osama bin Hidin and the rest of al Qaeda.

At least that used to be our story.

We never declared war on Afghanistan, al Qaeda or the Taliban. Congress merely authorized the use of military force:

That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

That is kinda vague, dontcha think? There is no expiration date either. If you were the kind of person who worries about the abuse of government power you might be a little concerned about giving a president that kind of power. What would stop a president from opening up secret prisons and holding people indefinitely without due process?

I am not opposed to the general idea of the United States having a prison on a military base in Cuba. But Gitmo was opened specifically to keep the prisoners held there outside the jurisdiction of American law. I blame Bush and Co. for that. I agreed with Obama when he said he would close Gitmo, but he never did. He pussed out on that promise within days of taking office.

It’s not that I think that the guests at Guantanamo Bay Detention Camp and Waterboard Park are innocent boy scouts. The place is a wretched hive of scum and villainy. But they deserve due process.

The problem is that George, Dick and Donald decided that the normal rules of civilized nations did not apply to us after September 11th. So they broke the law and tortured prisoners. The whole affair was a big black eye for our country. But it also compromised a lot of criminal cases because the evidence we had was inadmissible.

Because when SCOTUS went and said that the rule of law applied to the Gitmo campers just like everybody else, we had a bunch or really bad people on our hands that we couldn’t bring to trial. Even worse, the political will to do the right thing no matter the consequences is pretty much non-existent in the vicinity of Washington D.C.

So Obama figured he’d kill two stones with one bird and cut a deal with the Taliban to return five of their leaders. He thought that getting back a POW would mute any criticism of the trade and the kefluffle would take the VA scandal out of the headlines.

He was partially correct – nobody is talking about waiting lists this week.

Some people seem to think that the rule of law is an obstacle to justice. The truth is that the rule of law is the very essence of justice. The legal process provides the machinery of justice and it focuses your thoughts and actions. That way you don’t end up 13 years later with a “secret” prison filled with bad guys you can’t figure out what to do with.

Operation Enduring Freedom

About Myiq2xu - BA, JD, FJB

I was born and raised in a different country - America. I don't know what this place is.
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93 Responses to This New Democrat Talking Point Shows Why The Rule Of Law Is Important

  1. The Klown says:

    I have yet to hear a satisfactory explanation as to why we could not put the Gitmo detainees on trial. We have special courts designed for national security cases.

    Yet somehow just telling them what they are accused of and the evidence we have against them would endanger national security.

  2. The Klown says:

    Oops, I forgot to point out that nobody mentioned a deadline to release these guys on Saturday when Obama was announcing the deal and spiking the football in the Rose Garden.

    The new talking point showed up Sunday or Monday, after the fit hit the shan.

  3. The Klown says:

    Taliban video showing the release of Army Deserter Bowe Bergdahl:

    • leslie says:

      He looks a little nervous.
      I’d be nervous, too, if I had done what he is reported to have done – desert and possibly collude with his “captors”. Of course, he doesn’t know if he’ll be executed the moment he steps out of the truck.
      I’m glad that didn’t happen. Now perhaps we can find out what really happened. Perhaps.

      • DeniseVB says:

        Yes, that was a little nerve wracking to watch. Though some people are calling it a Taliban propaganda film, it was probably staged by our State Dept. Notice how clean shaven he was? I remember John Walker Lindh being all scruffy when we picked him up.

      • Constance says:

        With all the blinking it looks like they held him in the dark. Also since the Taliban guys are all hairy making Bergdahl be shaved (even his eyebrows?) takes a lot of effort and must have been done to make some point. And he was wearing native costume that was white and seemed really clean relative to the guys around him. How do you keep something that white in primitive conditions?

    • fif says:

      They shook hands? That’s strange. Hello enemy, thank you for the prisoner.

  4. leslie says:

    Yes, and Diane Feinstein was sooooo angry that today she is now saying that Bergdahl’s health and life were at risk. So I guess that made it just fine with her and all the other overlooked Democrats. (per a radio thingie I heard this morning)
    That meeting of the Dems – the one that all those Senators were holding their tongues until after – was simply to put the together the talking points so everyone could appear unified and against anyone opposing the actions. I wonder what Tweety is gonna say today..

  5. The Klown says:

    Jon Stewart Rips Obama for Turning ‘Wonderful’ Bergdahl Story into ‘Catastrophe’:

    • votermom says:

      That was funny.
      Notice how Stewart & co make it seem like Papa Bergdahl’s beard is the only thing weird about him – they totally skip over his “bismillah al-Rahman al-Rahim” prayer, because even Stewart’s audience would find that creepy.

      • swanspirit says:

        Stewart does a lot of that skipping over parts on many issues. His show is the equivalent of a yellow rag newspaper . If I watch him, it is to see what propaganda he is spewing and what the Vile Progs will be thinking the and regurgitating on their blogs the next day . They don’t get how in lockstep they all are .

  6. The Klown says:
  7. The Klown says:
    • Lulu says:

      They would have lost a rating bump and diversion from the VA if they played it straight. Now they have to cover his lying butt again. It is a marketing fail. All they do is try to sell brand Obama which is getting harder to do by the day.

  8. The Klown says:
  9. mothy67 says:

    Seems to me obama has thrown the democratic party under the bus. I grew up in what I see as a mini detroit. Once a thriving little city now almost 3rd world. Blight. Shuttered delapidated buildings every where. School district was taken over by the state. Kids growing up there have little hope. The place is tragic. Called Clairton PA was featured in Deer Hunter and the football team made national headlines a couple of years ago. It is such a broken place. I have 23 cousins and over 100 second cousins. Place is such a dead end that military service is the only way out for many. Dyed in the wool democrats. Fury is how I would describe my aunts’ reactions to the release. They send their sons off and take pride. Now they get spit in the face. Thursday they would have been trumpeting the party. Today they are angry.

    • DeniseVB says:

      I was following Cspan earlier with the First Lady giving a speech about how much she cares about the homeless veteran situation now. (Yeah right) One of the commenters suggested they all be sent to Detroit and fix it up. And the illegals too. Maybe non-violent criminals. What a great social experiment that would be! It could work?

  10. mothy67 says:

    Think a great campaign ad would be “:they think you are stupid” featuring the flagrant lies. Also believe if the republicans could grow a pair they could use Hollywood to dismantle the dims. Leonardo DiCaprio shot his load this week on how wonderful bambi is for the environment. Juxtapose his carbon foot print for flying a private jet with a senior’s utility bill for decades.

    • elliesmom says:

      Even truly stupid people get upset when they find out other people think they’re stupid so this plan might work. But you’d have to find some really easy to understand examples for the truly stupid to get it. They probably think DiCaprio has a hybrid plane. And it would have to be something that would affect them personally – not their grandmother. Unless they live with her and she’s not going to be able to pay the internet, cell phone, and cable bills. Rationing electricity so there would be restrictions on when they can recharge their electronic devices might do it. Like the even/odd days of the week for watering your lawn in most communities.

  11. The Klown says:
    • Lulu says:

      The State Dept threw a little fit this morning and shat out new spin too. The twit who spins as spokes-valley-girl “saying she does not think his squad mates have the best idea of what happened when he disappeared.” Yes she really said that.

      “He’s been in captivity, Lucas. I think he’s probably the person who knows best what happened on that night,” Harf said.

      Tomlinson shot back, “Well, I think his squad mates have the best indication what happened that night.”

      “I don’t think that that’s the case,” Harf responded.

      Harf directed Tomlinson to “Google it on the web, and you’ll find a ton of conflicting reports”—dismissing the multiple accounts of Bergdahl’s desertion that have emerged over the past several days.

      The new spin: check Google for better spin and his squad mates and the people in the Pentagon who investigated don’t know anything. One should always believe the criminal and his explanation over eye witnesses and investigators. The White House is doubling down.

      • Lulu says:

        And the undercurrent is that stupid, ignorant grunts don’t understand the greater implications and nuances of things. They will shut up and listen to their betters or else.

      • votermom says:

        So we are supposed to believe that Bergdahl has forgotten how to speak English but his memory of how he “disappeared” is crystal clear.

        • lyn says:


        • Lulu says:

          Yep. None of this White House reaction is thought out. They are just flinging poo. When they do that they turn “junior high” which involves the supercilious squawky tone of voice, pinched lips, and saying really stupid crap. To say that only the accused knows what happened indicates someone was in a moot court project in junior high but didn’t win but got a trophy anyway.

          • lyn says:

            I’m in favor of flinging as much poo at Obama until something finally sticks.

          • Lulu says:

            There is something so primal about flinging poo. The insane do it a lot. Having never done it myself it is something I have only heard about from others after they come home from the asylum.

        • DeniseVB says:

          Didn’t Bristol Palin tweet out if he forgot how to speak English, get him an interpreter !

      • leslie says:

        “Google it on the web, and you’ll find . . .

        Wasn’t it just a couple of years ago when the Admin was marginalizing anyone who found information on the internet that contradicted whatever the talking point of the day was? Now they’re sending reporters on google searches. ffs

    • lyn says:

      “Earlier in the segment, Richard Engel reported on the controversy, playing a video of a mother whose son died searching for Bergdahl. ‘He’s getting the royal treatment,’ she says, ‘and our kids came home, the ones of us who lost our sons, they came home in the baggage part of an airplane and were rolled out in a box with a flag.’”

    • votermom says:

      • Lizzy says:

        How could he possibly leave his favorite goat to return to this corrupt conceited place?

    • 1539days says:

      What did I tell you? They want Bergdahl to be the next John Kerry.

  12. mothy67 says:

    I may commit myself today. Start the brat’s day off everyday with a letter that is not profound it is only to begin her day with a smile. Well the floors are being refinished and I could not find a pen or paper so I used mustard. FYI bitch cleaning up a smiley face made from that shit.

    • votermom says:

      LOLOLOL & Awwwww

      • mothy67 says:

        Her dad is going through this 12 week program so he can see his kid without supervision. The woman in charge came to me and said I need to stimulate the brat and gave me instructions to make play dough. She talked to me like I was a moron. Tuesday’s are craft day. Made the ugliest paper mache piggy banks, decauupage furniture, microscopes, telescopes, created fire with two sticks, written books and binded them and this simple woman is gonna tdll me I need to color dough. FUCK her. I love making peanut butter cookies with child. It is an adventure we find out why eggs and sugar are importanr. I spend about an hour researching the chemistry bitch wants me to throw food coloring on flour.

        • votermom says:

          Ugh. I hate it when people talk to me like I’m an idiot.
          But I guess if she’s in charge of custody arrangements you need to be on her good side.

  13. The Klown says:
  14. mothy67 says:

    Forgive me for being effussive but I have to kvetch about Common Core. ITis insane. ASS backwards. 19 minus 11 equals 8. Boom if you grasp to carry a ten subtraction is easy. Not with this noise. So many steps. CONFUSING. I buy all the sylvan learning books and spend the half hour after Jeopardy doing independent learning. Works for me but the school decided that because the crud is not being raised in a traditional family they needed to address her wierdness. Several kids in her class are eating ADHD drugs. They have traditional mom and dad. My kid got screwed but I will never permit her to sit on the pity pot. Odd her life may be but a concerted effort is made every day to allow her to blossom. She is straight A’s and not once has she been a disciplinary problem. Let them call me wierd. Do not give a royal flying fuck. I even tell baby girl hrll yeah I am strange and it has a cost but it also has benefits. Kid has no idea I am gay. Bet if K went screaming to the school board they’d sing a different tune.

  15. mothy67 says:

    Freudian slip? Meant to say if I went to the school board but i wrote K. The Castle is a favorite.

  16. mothy67 says:

    Politico and a mess nbc can try to spin this any way they want but mothers sent their kids off and ain’t no way they are going to forgive. Nor should they. Never have I heard so much outrage from my family.

    • votermom says:

      Is your family right or left-leaning?

      • mothy67 says:

        Steel town peeps. Vote democrat without a thought. Scary shit when I confront. Love my peeps but is funny thst I am the gay one.

        • DeniseVB says:

          Steel Town folks built this country ! My uncles helped build the WTC Twin Towers in the 60’s, both hardcore Dems too. But I think being a Democrat had a different meaning then. Working hard was patriotic 😉

  17. votermom says:

  18. votermom says:


    Putin just busted a gut laughing

  19. The Klown says:

    Fmr. Soldier: Military Told Unit to ‘Not Tell the Truth’ About Bergdahl:

    • DeniseVB says:

      He’s telling the truth then. Unfortunately while on active duty you can’t say sh*t that makes your superiors look bad.

  20. The Klown says:

    Well this is kinda huge:

  21. votermom says:

    OMG. Our govt experimented on premature babies

    • DeniseVB says:

      Oh he’s good, and diplomatic 😉 He has no respect for her either, thanks Obama. It’s not Hillary, he know she’s spewing President Chucklenuts Bunnypants’ foreign policy positions. That is “nanny-nanny-boo-boo” stuff.

  22. The Klown says:

    Military sources tell James Rosen: Further allegations pending against Bergdahl:

  23. mothy67 says:

    I am off the charts insane. Yesterday I was talking about my kid and I mentioned Into Your Arms by the Lemonheads. Song was never a hit and it is over 20 years old. Well I was in an elevator today and it was playing. Walked to the bus and this woman in full k d lang breaks out her guitar and belts out Into Your Arms. I have examined the song. It is simple. WTF

  24. The Klown says:
  25. DeniseVB says:

    OMG, Kourtney Kardasian is preggers with #3. Nite all from the “right” coast, aka EST 😉

  26. The Klown says:

    21 Things You Say In Work Emails, And What They Really Mean

    1. I’m wondering if I could pick your brain about something: Help me please I am dying.

    2. Looking forward to your thoughts!: Respond to me promptly, asshole.

    3. Just wanted to follow up: Why the F have you not responded to my last note.

    4. I happened to notice your great work on ____ : I’ve spent 3+ hours painstakingly researching your past work in an attempt to ingratiate myself with you.

    5. That’s fair: You win this round, Dr. Doom…

    6. Let’s circle back on this: I can’t deal with u right now.

    7. Great! (1 exclamation point): Sure, whatev.

    8. Great!! (2 exclamation points): I agree, and want you to like me.

    9. Great!!!!!! (3+ exclamation points): Either I am desperately trying to ingratiate myself with you, or, have just had my fourth cup of coffee.

    10. Great. (no exclamation points): I hate you.

    11. Gre34%111at!!!!!: I am on Adderall.

    12. Best: We don’t know each other and never will.

    13. The one initial sign-off: We’re chill as hell.

    14. Regards: I am over 40.

    15. YOLO: I am an asshole whose friends refer to me only by my last name.

    16. I know you’re busy…: You never respond to me and you’re not that important.

    17. Thanks so much for your understanding: Email — Making passive aggression exponentially easier since the early ’80′s.

    18. Can’t help with this at the moment, but I’ll let you know if anything comes up!: Already forgotten what you were asking me.

    19. Let’s move forward with the current plan: If we spend one more minute deliberating on this I will be physically ill.

    20. Thanks so much!!: Sure, whatev.

    21. Please advise: No really. F*cking help me now!

  27. 49erDweet says:

    Kleenex alert!!
    Our youngest daughter, a dedicated third grade bilingual teacher in a dual immersion program, received this today:

    Dear Mrs. (Name), I know It’s almost the End of the year. But I don’t want to leave because I’m going to miss you a lot. And I might cry a little Bit. because I’m going to miss you. and I don’t want to go to fourth grade ethier. Well I might want to go but I’ll Visit you sometimes. you ROCK

    Yes, we ARE proud of her. And the student’s parents should be proud of HER, too, because it takes tremendous courage and character growth for a third grader to express herself so openly.

    • mothy67 says:

      Amen to that. My pain inthe ass spent her allowance on an engraved pen Nd clock. I had down work for the company and they still owe me money so she got a huge discount still cost 40 but she paid with her money. I peeked to see what she had engraved. Two words Thank Yoi. Overjoyed as I am sure you are. A kid respecting a teacher and making an effort to acknowledge is fucking huge. World view is leaps beyond many adults. Give the little tyke a smack on the head from me. Relief having the urchins sincerity when everything else is so gross.

      • insanelysane says:

        Children can recognize the truth. We get dumber as we age…or more inured to the BS. You seem to be on the right track. Your little urchin is one of the lucky ones.

    • insanelysane says:

      All successful people have at least one teacher to thank. There is always one Teacher who makes the difference. Sounds like your daughter is one of those teachers. She will affect many successful lives. She truly pays forward.
      Thank her for me.

  28. The Klown says:

    Chris Matthews blasts ‘nasty deal’ to get Bergdahl:

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