If he’s a defector — joined the enemy to fight against his country — then he deserves no freeing. Indeed, he deserves killing, the way we kill other enemies in the field, the way we killed Anwar al-Awlaki, an American who had openly joined al-Qaeda. A U.S. passport does not entitle a traitor to any special protection. (Caveat: If a POW is turned, Stockholm-syndrome-like, after falling captive, these condemnatory considerations don’t apply.)
Assume, however — and we will find out soon enough — that Bergdahl was not a defector. Simply wanted out — a deserter who walked or wandered away from his duty and his comrades for reasons as yet unknown. Do you bargain for a deserter?
Two imperatives should guide the answer. Bergdahl remains a member of the U.S. military and therefore is (a) subject to military justice and (b) subject to the soldiers’ creed that we don’t leave anyone behind.
What to do? Free him, then try him. Make the swap and then, if the evidence is as strong as it now seems, court-martial him for desertion.