The deal that released Sgt. Bowe Bergdahl from five years of captivity, in exchange for five Taliban prisoners, was a relief to his family. But for President Obama, it's an escalating headache. Critics accuse Obama of setting a precedent that the United States will negotiate with terrorists. They're wrong, because terrorism is about the exploitation of civilians, not soldiers. But they're also ignoring the precedent that's really at stake: keeping our promise to bring home our troops.
The terrorism charge focuses on the Haqqani network, which held Bergdahl captive. As CNN's Wolf Blitzer pointed out Tuesday, this network is on the U.S. State Department's list of foreign terrorist organizations.
That's true. But scroll down to the bottom of the list. There, you'll find the legal criteria for inclusion. They refer to section 140(d)(2) of the Foreign Relations Authorization Act, which defines "terrorism" as "premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents."
Sgt. Bergdahl was not a noncombatant. He was a prisoner of war, captured on the field of battle. Therefore, by definition, his capture wasn't terrorism. Negotiating for his release, trading enemy combatants for our own combatant, isn't a concession to terrorism. It's conformity with the long-standing tradition of exchanging POWs.
According to Sen. Ted Cruz, "The reason why the U.S. has had the policy for decades of not negotiating with terrorists is because once you start doing it, every other terrorist has an incentive to capture more soldiers." That's ridiculous. Terrorists didn't invent the capture of soldiers. It's a basic military objective, with a standard option to trade the enemy's soldiers for yours. The reason not to negotiate with terrorists is to discourage the seizure of civilians, not the seizure of soldiers.
So Obama's critics are wrong to believe that negotiating for Bergdahl sends a dangerous message to terrorists. But they're also ignoring the message his abandonment would have sent to our troops and their families and to prospective military recruits. It would have betrayed our pledge that if you're captured in service to our country, we'll free you.
The Code of Conduct for members of the armed forces, published more than half a century ago, details every service member's obligations to the military and the nation, even in captivity. In exchange, the code promises:
Just as you have a responsibility to your country under the Code of Conduct, the United States government has an equal responsibility — always to keep faith with you and stand by you as you fight for your country. If you are unfortunate enough to become a prisoner of war, you may rest assured that your government will care for your dependents and will never forget you. Furthermore, the government will use every practical means to contact, support and gain release for you and for all other prisoners of war.