Rule of Law

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

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? 

How do defenders of the rule of law, of the Constitution itself, adjust and implement new defensive plays?

Step One: recognize why Obama behaves like he does. He is a militant radical progressive. That’s why Michelle Malkin was right when she told Mitt Romney to stop calling Obama a nice guy. Barack Obama has been brutal to American ideals and the founding principles of the nation. It isn’t nice to unravel the things that built and sustained this country.

Why would Obama swap five violent jihadists for one U.S. solider? Here are some relevant facts.

Bergdahl emailed his parents from his Army unit in Afghanistan, writing:

I am sorry for everything here. These people need help, yet what they get is the most conceited country in the world telling them that they are nothing and that they are stupid.

Soften a few words, and it sounds like Obama running for president in 2007. Bergdahl also wrote this:

I am ashamed to be an American. And the title of US soldier is just the lie of fools. … I am sorry for everything. The horror that is America is disgusting. (emphasis added)

Then, there is the spectacle of Bergdahl’s father at a press conference after the swap. Or, consider this tweet from daddy, eventually deleted yet captured by Allen West:


If you think that tweets like this are a terribly inconvenient embarrassment to the Obama administration, you still don’t get it.

You are still sending in the same defensive play. The craziness represented by Robert and Bowe Bergdahl is why the United States overpaid for his release. It is why Obama broke the law to make all the wrong people happy.

Step Two: stop calling the same defensive play. The GOP has to go Bill Belichick on Obama — the Patriots coach is the master of in-game adjustments; he doesn’t call the same defensive play over and over and over. If Belichick were in charge, he wouldn’t keep yelling about Obama breaking the law, wouldn’t keep sending another Strongly Worded Letter.

Instead, he’d do what Rep. Frank Wolf (R-Va.) has done.

He’d start cutting money. He’s start withholding funds from prized Obama policy areas. He’d mine the Constitution for other weaponry (hint: impeach lesser officials).

Belichick wouldn’t keep sending in the same play to the defense: Shock and Outrage 44 Right Letter to Follow Slant.

It’s time to adjust. The Bergdahl swap should illustrate to anyone who wasn’t paying attention that law no longer matters to this crowd. As long as you have enough leftist Ivy League lawyers at the DOJ to dream up new excuses and to rebrand lawlessness as legal, Obama has all the offensive weapons he needs to fundamentally transform America.  It’s time for a new defensive play.