Photo Credit: Wikimedia Commons / ISAF Public Affairs / GeoSwan
Taliban insurgents turn themselves in at Puza i Eshan, Afghanistan, April 2010 / archive

U.S. President Barack Obama is finding himself in the same position as Israeli Prime Minister Binyamin Netanyahu – having to explain a controversial decision to outraged lawmakers and a questioning public.

Obama faced the nation on Saturday night to defend his directive to negotiate a prisoner swap with the Taliban terrorist organization in order to free the lone American soldier held hostage by the group in Afghanistan for the past five years.

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Like that of former Israeli soldier Gilad Shalit, the background behind the capture of Sgt. Bowe Bergdahl was less than heroic. Shalit was not in combat when he was kidnapped by Arab terrorists in a cross-border raid in southern Israel in 2006. According to a blog post by prominent U.S. civil rights attorney Jonathan Turley, Bergdahl was taken prisoner after leaving his base in east Afghanistan on June 30, 2009.

On Saturday, the 28-year-old army soldier was released by his Taliban captors in exchange for five Taliban members who were freed from the U.S. prison at Guantanamo Bay, Cuba. The deal was reached after a week of intense negotiations mediated by Qatar, which allegedly will maintain custody of the Taliban detainees for one year.

U.S. officials said efforts to negotiate the soldier’s release began in November 2010 and that his return became a top priority in May 2011. The opportunity to resume talks over the issue emerged several weeks ago, Turley wrote.

The U.S. president called the deal part of America’s “iron-clad commitment to bringing our prisoners home.” Defense Secretary Chuck Hagel said in making the announcement that he informed Congress on Saturday of the decision, adding that the U.S. had “coordinated closely with Qatar to ensure that security measures are in place and the national security of the United States will not be compromised.” He thanked the Emir of Qatar for that and for his “instrumental role in facilitating the return” of the soldier.

But the United States has also had a legal “iron-clad commitment” not to negotiate with terrorists, as it happens.

Turley quoted a joint statement expressing outrage and concern over the swap by top U.S. Congress member Howard P. McKeon, (R-CA), chairman of the House Armed Services Committee, and Senator James Inhofe (R-OK), ranking member of the Senate Armed Services Committee.

“Like all Americans, we celebrate the release of Sergeant Bergdahl from terrorist captivity,” the two lawmakers said. “However – we must carefully examine the means by which we secured his freedom.

“American has maintained a prohibition on negotiating with terrorists for good reason. Trading five senior Taliban leaders from detention in Guantanamo Bay for Bergdahl’s release may have consequences for the rest of our forces and all Americans.”

Hm. Sound familiar? Perhaps an echo of the fears expressed by the Israeli public over endless “good will gestures” forced on its government by the U.S. State Department to free convicted Arab terrorists in order to keep the Palestinian Authority at the negotiating table? Or the outrage expressed by families of victims of terror when more than 1,000 bloodthirsty jailed terrorists were freed in exchange for the lone Israeli soldier held hostage for more than five years by the Iranian-backed Hamas rulers of Gaza?

Yes – the same Hamas terror organization with which PA Chairman Mahmoud Abbas now intends to unite his Fatah faction in a Palestinian Authority “unity” government. Mind you, most of those freed terrorist murderers are still at large, armed and dangerous, working on their next “projects.”

Gee.

America’s lawmakers also pointed out that President Obama “clearly violated laws” requiring him to notify Congress 30 days prior to the transfer of terrorists from Guantanamo Bay. Those laws require him to explain exactly how the threat posed by those terrorists was substantially mitigated.

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Rachel Levy is a freelance journalist who has written for Jewish publications in New York, New Jersey and Israel.