What About Alan Gross?

Ruth Marcus on Jun 4, 2014

First, the president wasn't constrained by any niceties about soldier-for-soldier or spy-for-spy equivalences when it came to trading Bergdahl (soldier) for Taliban (enemy combatant).

Second, in Bergdahl's case, Obama wasn't stopped by the fact that a federal law requires that Congress be notified 30 days in advance about the release of any Guantanamo detainees. The president -- appropriately, I believe -- invoked his executive authority to act unilaterally. Surely, given that he has undoubted constitutional power to grant pardons or commute sentences, the fact that the Cuban Five have been convicted is an excuse, not a real stumbling block.

Third, perhaps most important, the Cuban Five pose a distinctly smaller danger to American citizens than do the freed Taliban officials. They are no heroes, as Cuba would have it; the worst of the remaining three was convicted of passing along information that resulted in the shooting down of two Brothers to the Rescue planes and the deaths of four U.S. citizens.

But their goal was to shore up the Castro regime, not to attack the United States. They have served significant sentences. Releasing them would be a political risk -- sparking protests from Cuban-American legislators such as Sen. Robert Menendez, D-N.J. -- not a national security one.

Like Bergdahl, Gross' health is suffering. The 65-year-old went on a hunger strike earlier this year and has said he cannot take captivity much longer.

Unlike Bergdahl, Gross' president does not seem to be moved to take the steps necessary, however distasteful, to free him.

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Ruth Marcus' email address is ruthmarcus@washpost.com.