Guest MINDSETTER™ Matt Fecteau: The Curious Case of Bowe Bergdahl

Thursday, June 05, 2014

Matt Fecteau, GoLocalProv Guest MINDSETTER™

In the Army, we memorize what is known as the Soldier’s Creed. This creed is what we strive for every day. The creed states, “I shall never leave a fallen comrade.” No ‘buts’ or ‘ifs.’ No matter the circumstance, the US Army and members of the US Army have a duty to bring our comrades home. Irrespective of Sergeant Bowe Bergdahl’s conduct in the Army, he was a recognized prisoner of war (POW) and our first priority should be getting him home, but let’s clear up some misperceptions.

The abundance of misinformation is astounding. I watched talking heads on Fox News tell the audience that he was not a loyal American and was ashamed of being American. I even heard unsubstantiated reports that he has collaborated with the enemy. Another accusation is that Bergdahl’s captivity cost six Soldiers their lives. Besides numerous facebook posts, and anecdotal news reports. I have seen nothing that corroborates those reports. Now that he is again in military custody, the Army can conduct a fuller investigation to determine the veracity of some of this information. The families of those fallen Soldiers deserve it.

Even so, we should not jump to conclusions or dispute that he deserved saving. As an officer in the US Army, I simply do not care about the disingenuous politics. So long as we have an American Soldier in enemy hands, we should do everything in our power to secure his release. This is the military and American standard.

Bergdahl should be held accountable if he is found guilty of any infraction. Technically, according to the military’s criminal code known as the Uniform Code of Military Justice (UCMJ), he is not a deserter unless he had the intent of never returning to the theater of combat while deployed. I am not disputing the likelihood that Bergdahl abandoned his post – he did according to a classified 2010 Pentagon report -- but according to the UCMJ, criminality needs to be proven. Without a doubt, his chain of command should initiate an Article 32 investigation (preliminary investigation) to exonerate him or proceed to trial.

Bergdahl’s alleged misconduct aside, there are a number of reasonable legislative and Constitutional concerns. The situation was even more tenuous because of Bergdahl’s deteriorating health. According to the National Defense Authorization Act of 2014 – defense budget – the President is required to provide 30 day notification to Congress when prisoner[s] are transferred out of Guantanamo Bay. This was not followed.

In the President’s signing statements (proclamation or interpretation of the law), he noted no statutory law can supersede our Constitution. Signing Statements are not legally enforceable, but give us some idea into the President’s rationale. He wrote unfettered restrictions on the transfer of detainees “would violate constitutional separation of powers principles.” Clearly he is arguing restrictions infringe on his Constitutional power; the legislative branch disputes this.

To clear another point up, the Obama administration negotiated with the government of Qatar and not terrorists. Under house arrest in Qatar, the newly released detainees will be monitored by the Qatari intelligence agencies and a wide variety of American agencies including the Central Intelligence Agency, Defense Intelligence Agency, and the National Security Agency for years. In other words, the former detainees will likely not return to combat anytime soon. Even if the detainees return to combat, their training is largely obsolete and their network of trusted members is decimated. They will be idolized by other jihadists, but little else given the paranoid Afghan Taliban have inherent trust issues.

However, on the more positive side, the Afghan Taliban no longer have an American propaganda tool. They no longer can produce Islamist propaganda videos and pictures showing Bergdahl as a POW. While the impact is not quantifiable, the adverse impact of an American POW was unmistakable. (Full disclosure: in 2009, as a National Security Intern at the White House, and member of the military, I did support a ‘two for one’ swap.)

Despite what is reported to the contrary, this prisoner exchange will likely not incentivize capturing US military members. Representative Mike Rogers oddly noted, “I believe this decision will threaten the lives of American soldiers for years to come.” This statement is rooted more in ideology than reality. Enemy combatants will not only try to maim US personnel, but also, capture them. As military members, we are given classes on being POWs and are routinely briefed on potential capture. Capture attempts took place regularly while I was serving in Iraq. To say they will take place more often, ignores evidence that insurgents, terrorists, and criminals already have every incentive in the world to capture or kidnap American military personnel.

Still, the chances of being taken prisoner are statistically irrelevant. According to the Pentagon estimates, there are a total of five missing personnel related to the War on Terror and other conflicts spanning decades out of the millions that deployed. The chances of becoming a POW are statistically irrelevant.

In the end, the President made the right call. Bergdahl is an American Soldier with a family and a community that was deeply concerned about him. Considering we are drawing down forces in Afghanistan, we needed to expedite this imperfect exchange. No matter Bergdahl’s deficiencies, eccentricity, and guilt or innocence, we cannot and should not idly stand by while an American Soldier is in enemy hands. The President did send a message when he negotiated the release of Bergdahl: we will not leave a fallen comrade behind. Let’s have a fuller investigation into his guilt or innocence, but please spare the partisan rhetoric and stop propagating erroneous facts.

Matt Fecteau is a Democratic Congressional Candidate for the 1st district of Rhode Island, prior National Security Intern at the White House, and Captain in the US Army Reserves with two tours to Iraq. His website can be found here: MattforRI.com