Do you remember the name Bowe Bergdahl?

If not, you’re not alone. Since the media cycle has turned its attention to other issues the POW/potential-deserter whose release was swapped for five Guantanamo Bay terrorists’ freedom has left the media spotlight.

However, despite the lack of headlines popping up there are still some major issues with the swap: most notably, the laws that President Obama broke to make it occur.

The first law that Obama broke in arranging for the swap was a law that he signed into effect himself. The law dictates that using taxpayer dollars to move prisoners of the military without giving Congress 30-days’ notice is illegal.

If you recall, President Obama gave no notice of the swap and took matters into his own hands.

The second law he broke is more serious and holds a ten-year prison sentence if Obama were to be convicted. Providing material assistance in any way to a terrorist organization breaks this law. Though it’s an interesting material—actual terrorist bodies that are living and breathing surely should qualify as material assistance. What better assistance could someone give a terrorist cell than additional bodies?

The five prisoners Obama released are currently being held in Qatar, where they’ll stay for a year. It is perhaps true that Obama avoided breaking the letter of the law by not sending the prisoners back into active combat, but after a year in Qatar there’s no saying where they’ll end up.

However, I sincerely doubt that these terrorists who have been held in prison for the past several years and are now older men are going to be grabbing AK-47s and joining the front ranks. In that regard, Obama is off the hook.

But proponents of the swap need to take into account the fodder that these released prisoners will provide to ISIS and other terrorists in the form of propaganda. As activists, these men could be the strongest weapon we’ve seen in the battle against terrorism.

Bergdahl is working in San Antonio while awaiting news on a possible court-martial to determine whether he left his post and is guilty of desertion. But Obama is still sitting in the White House. Let’s see if anyone is brave enough to bring him to trial for breaking the laws that he passed himself.

 

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