American citizens who pay ransom to terrorists for the
release of hostages will no longer be threatened with prosecution by the Obama
Administration for providing material support to terrorists.
No American
had ever been prosecuted for paying ransom, but the threat of prosecution did
have some deterrent effect. The United States
government will continue not to pay ransoms.
Publicly announcing that no one
will be threatened with prosecution is an abuse of prosecutorial discretion, as
it is a blanket policy, which violates the constitutional requirement in
Article II, Section 3 that the Chief Executive “Take Care That the laws be
faithfully executed.” A prosecutor may
exercise discretion for reasonable cause, such as some significant matter of
public policy or risk to security, or out of prioritization of resources, but
publicly announcing a blanket policy of non-prosecution leaves no room for
exceptions and is thus an act of executive lawmaking by decree, which violates
the principle of the separation of powers by usurping the Congress’ legislative
powers. Such a policy is unlike an
amnesty, which precludes prosecution of people after they commit a crime, but
is given before they commit the crime, as if to condone it.
The impetus for the change in
policy was the Obama Administration’s trade of five Taliban terrorist leaders
for an American soldier who had deserted to the Taliban in Afghanistan ,
which led the families of some hostages to object to the inconsistency. The policy change follows the rewarding of
the Cuban Communist dictatorship for with diplomatic recognition and the
relaxation of economic sanctions for releasing a federal contractor working to
increase internet access for Jewish Cubans.
The contractor had been unjustly detained by the Castro regime, which
censors the Internet. The Obama
Administration further rewarded Communist Cuba by removing it from the State
Department’s lists of state sponsors of terrorism, despite Cuba ’s
harboring of terrorists and pro-terrorist foreign policies. The Administration’s tolerance for private
ransoms is thus part of a pattern in placing a higher premium on obtaining the
release of Americans captured abroad than on protecting other Americans from
being taken hostage in the first place.
The Obama
Administration’s policy not to threaten prosecution for private ransoms for
hostages encourages terrorists to capture more Americans and hold them for
ransom as the tactic of hostage-taking is now financially incentivized. In fact, ransoms are one of the main sources
of fundraising for terrorists. Therefore,
the change in policy leaves Americans more vulnerable as terrorists conclude
that the reward for hostage-taking is more worth the risk. Furthermore, the ransoms finance additional
terrorist or other militant acts.
Conservatives
should promote more comprehensive policies to obtain the release of Americans
who are taken hostage or unjustly detained for bargaining purposes and to deter
hostage-taking instead of encouraging it.