ACRU

Bergdahl: They Don’t Care About the Law, Get Over It

Courts - Justice statue from below

This column by ACRU Policy Board Member J. Christian Adams was published on June 2, 2014 on PJ Media.

When your opponent keeps running the same play and keeps beating you, you had better adjust. That’s what the Obama administration has been doing since 2009: they do something illegal that offends the Rule of Law and outrages sensible Americans, and they keeping doing it over and over again.

Outrage is an inadequate defense.

The release of Sgt. Bowe Bergdahl is just the latest example of lawlessness. The bizarre tale of Sgt. Bergdahl’s release reads like a satire of a leftist academic American apologist ascending to the presidency and behaving like a leftist academic American apologist. “Where Have All the Flowers Gone” has become national defense policy:

It just so happens that the Obama administration seems to have broken a law by releasing five high-value Islamic terrorists in exchange for Bergdahl. Under the law, Congress was required to be notified before the release of any Gitmo detainees.

Law? What law? By now, six years into this drama straight out of James Madison’s worst nightmares, you should be used to Obama administration lawlessness. The law is a suggestion to this crowd, and usually a nuisance; something to be twisted and reinterpreted. When it stands in the way of progressive policies, it is something to be ignored. The singular theme of the Obama age is lawlessness.

You saw the full potential of this acid philosophy on display last week, when Obama griped about the Constitution —- specifically Article One, Section Three. That’s the part that creates the Senate. That’s the part that respects the core American architecture, where states voluntarily create the federal government and maintain their unique role as sovereigns. States are equal sovereigns in the United States Senate, and each gets two senators —- both Wyoming and Illinois. At least for now.

This design promotes freedom. It means you get to do more things you want to do. That’s why Obama complained about the design, calling it a “structural” problem impairing his goal of growing federal power.

Naturally, good people are shocked by gangsters, so the primary response to Obama for six years has been shock and outrage. “That’s against the law!” has been the defensive play, called over and over and over and over again.

The release of five Gitmo terrorists for Bergdahl was illegal. Get over it. The bigger question: What are you going to do about it?