Congressional Committee: Obama Broke Laws in Bergdahl Swap; Army: Bergdahl to be Court Martialed

Today, the U.S. Army confirmed that Sgt. Bowe Bergdahl will indeed face general court-martial. On July 8, 2015 an Article 32 hearing was held for Bergdahl at Joint Base San Antonio-Fort Sam Houston, Texas.

Gen. Mark Milley, commanding general of Army Forces Command, charged Bergdahl on March 25, 2015 with one count of desertion with intent to shirk important or hazardous duty, and one count of misbehavior before the enemy by endangering the safety of a command, unit or place.

Bergdahl explained that he intentionally left his patrol base at Combat Outpost Mest-Lalak in Paktika Province, Afghanistan on June 30, 2009, and was subsequently captured and imprisoned by the Taliban for five years. After he deserted his post, members of his unit were sent to search for him, came under attack, and six soldiers were killed– all resulting from Bergdahl’s deliberate actions.

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U.S. intelligence officials learned that Bergdahl had written statements condemning U.S. military action in Afghanistan prior to leaving his post. After he deserted, photos were uncovered of Bergdahl engaging in target practice with his supposed captors, even freely carrying a rifle in the Taliban’s camp. He was also observed playing soccer with his supposed captors.

Despite this, and without the consent of or even notifying Congress according to the law, Obama traded five of the highest ranking Taliban leaders imprisoned at the U.S. Naval Station Guantanamo, Cuba (GITMO), known as “the Guantanamo Five,” for a U.S. Army deserter.

One of the GITMO detainees played a key role in the 9/11 terrorist attacks and swore to continue his efforts to destroy America. Three of the five, the director of the Defense Intelligence Agency told Congress earlier this year, would likely resume terrorist activities. The one-year deal governing their supervised release to the Gulf nation Qatar expired at the end of May.

Taliban 5

The parents of the soldiers who died searching for Bergdahl expressed outrage over Obama’s actions. Robert Andrews, the father of 2nd Lieutenant Darryn Andrews, said:

“Basically, my son died unnecessarily, hunting for a guy that we shouldn’t even have been hunting for.”

Sondra Andrews, Darryn’s mother, added:

“It gets really hurtful when I think, this guy was worth my son’s life? My son who was patriotic? Who was a true soldier? Who defended his country with his life?

“That guy was worth that? I don’t think so.”

Bob Curtiss, father of Sgt. Kurt Curtiss, who also was killed searching for Bergdahl, said:

“It’s just disgraceful that [President Barack] Obama would trade five high-level Taliban officers for this guy who basically defected.

“Leave him there. That was his choice, his decision.”

Many contend that Obama’s prisoner trade was not only stupid and reckless, but also illegal. Evidently, the U.S. House Armed Service Committee reached a similar conclusion in its Report into the Inquiry of the Department of Defense’s May 2014 Transfer to Qatar of Five law-of-war detainees in Connection with the Recovery of a Captive U.S. Soldier, released on December 9, 2015.

The report provided the findings and conclusion of a year long investigation by the House Armed Services Committee, joined by the Subcommittee on Oversight and Investigations. Together their staff combed through 4,000 pages of documents and hours of videos, conducted 16 transcribed interviews, and traveled to the U.S. Naval Station Guantanamo Bay, Cuba, and Doha, Qatar.

In sum, they concluded that the Obama administration broke several laws, went out of its way to intentionally hide from Congress six months of negotiations pertaining to the prisoner exchange, misled reporters, “threatened constitutional separation of powers,” and conveniently used Bergdahl as an excuse to release more GITMO detainees for his own political reasons.

The Committee’s Chairman, Rep. Mac Thornberry (R-Texas) said,

“Our report finds that the Administration clearly broke the law in not notifying Congress of the transfer.

“Leading up to the transfer, DOD officials misled Congress as to the status of negotiations. Pentagon officials best positioned to assess the national security risks were left out of the process, which increases the chances of dangerous consequences from the transfer.

“It is irresponsible to put these terrorists that much closer to the battlefield to settle a campaign promise and unconscionable to mislead Congress in the process.”


Obama has spent the past at least 7 years violating the U.S. Constitution and a plethora of federal laws. Yet no one has had the integrity or sense of duty to stop his lawlessness. Perhaps that’s because the majority of Washington DC’s politicians are guilty of crimes and treason themselves.

Many should be arrested and removed from office, starting with Barack Obama. Hopefully cleaning up Washington, D.C. will help return our nation back to what our Founding Fathers intended.

In the meantime, Bergdahl works at his desk job at Joint Base San Antonio-Fort Sam Houston, Texas until he is tried and hopefully faces the maximum sentence of life imprisonment.

Dave Jolly, who writes for many news sites including contributed to this story.

Bethany Blankley

Bethany Blankley is a political analyst for Fox News Radio and has appeared on television and radio programs nationwide. She writes about political, cultural, and religious issues in America from the perspective of an evangelical and former communications staffer. She was a communications strategist for four U.S. Senators, one U.S. Congressman, a former New York governor, and several non-profits. She earned her MA in Theology from The University of Edinburgh, Scotland and her BA in Political Science from the University of Maryland. Follow her @bethanyblankley &

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