House Condemns Administration’s Unlawful Taliban 5 Transfer
Washington – In response to the Administration’s failure to comply with federal law, the House of Representatives today condemned the Obama Administration’s unlawful exchange of five senior Taliban leaders and expressed grave concern over the prisoner exchange’s national security and foreign policy implications, noting that negotiations with terrorists may further encourage hostilities and the abduction of Americans. H. Res. 644, bipartisan legislation introduced by Representatives John Barrow (GA-12), Scott Rigell (VA-02), Reid Ribble (WI-08), and Nick Rahall (WV-3) holds the Administration accountable for violating a lawful requirement that Congress be notified at least 30 days before the transfer of Guantanamo Bay detainees. The resolution passed in the House 249 to 163.
“This Administration has an obligation under the law to work with Congress on issues that relate to our national security,” said Congressman Barrow. “The President failed to notify Congress of his intent to transfer five high priority detainees from Guantanamo Bay, and more importantly, he abandoned our long-standing policy of not negotiating with terrorists. This transfer poses a major national security risk, and it complicates our efforts to combat terrorism worldwide. The President cannot treat Congress as an afterthought or adversary, particularly with decisions impacting our national security and especially since, in this case, Congress could have helped the President get this decision right.”
“The President ignored the law by failing to notify Congress of this serious decision. Are we in turn supposed to just ignore this fact? Thirty day notification is not a perfunctory administrative action; it is not like breaking a lease with your landlord. The law exists to provide Congress time to consider serious national security decisions such as releasing terrorists like the Taliban five,” said Rigell, who noted that Mohammad Fazl, the Taliban Deputy Minister of Defense, was among those released in the exchange. “The violation prevented Congress from fulfilling its vital oversight duties on national security matters. Congress was not given an opportunity to assess the risks to U.S. national security presented by the transfer, the security assurances from Qatar before the transfer took place, or the credibility of the negotiating process.”
Article I, Section 8 of the U.S. Constitution expressly gives the Congress the authority to “make rules concerning captures on land and water.” Additionally, Section 1035 of the Fiscal Year 2014 National Defense Authorization Act requires the President to notify Congress no later than 30 days before the transfer or release of any detainees from Guantanamo Bay.
“Our resolution before Congress today was in response to President Obama knowingly breaking the law when he chose not to inform Congress about this important transfer, and the U.S. Government Accountability Office has confirmed that he did indeed break the law,” said Congressman Ribble. “No President – regardless of party – is above our nation’s laws, and that is why today’s bipartisan vote was so important.”
“The law applies to the President and Executive Branch officials just like it does to all citizens of the United States,” said Congressman Rahall. “To allow any President to ignore the plain reading of the law without a Congressional response invites political abuse — not just by this administration but also by all that follow it,” said Rahall.”
In June, Secretary of Defense Chuck Hagel testified before the House Armed Services Committee that negotiations to transfer these five Taliban detainees had been ongoing for months and the Administration made a conscious decision not to consult Congress. Administration officials further stipulated in a briefing to Members of the House of Representatives that 80-90 executive branch officials had advanced knowledge of the transfer negotiations.
The Government Accountability Office released a report in August confirming that the Department of Defense violated the FY14 Defense Appropriations Act by failing to inform lawmakers about its plan to transfer prisoners from Guantanamo Bay in a controversial deal to secure the release of Army Sgt. Bowe Bergdahl.