(House Armed Services) Committee Passes Resolution Condemning Obama for Taliban 5 Swap

PJ Media ^ | 7-29-2014 | Bridget Johnson

[smoothsailing]

July 29, 2014

Committee Passes Resolution Condemning Obama for Taliban 5 Swap

by Bridget Johnson

The House Armed Services Committee today advanced a bill to condemn President Obama for releasing five Taliban leaders in exchange for Sgt. Bowe Bergdahl.

Obama didn’t notify Congress before the early June swap, which brought to an end five years of captivity for Bergdahl. The administration claims they had to make an emergency decision because of concerns about Bergdahl’s health.

Bergdahl has completed his reintegration process and is now back on active duty in Texas while the Pentagon investigates the circumstances surrounding his capture.

The bill from Rep. Scott Rigell (R-Va.), along with Reps. Reid Ribble (R-Wis.), John Barrow (D-Ga.), and Nick Rahall (D-W.Va.), has 90 co-sponsors.

At the markup, committee chairman Buck McKeon (R-Calif.) stressed that “Section 1035 of the National Defense Authorization Act for Fiscal Year 2014 requires the secretary of Defense to notify the appropriate committees of Congress not later than 30 days before the transfer or release of any individual detained at GTMO. There are no waivers to this clause. No exceptions. Period.”

“There is a reason for this statute. It was written and approved by a bipartisan majority in Congress because of genuine concerns that dangerous terrorists were being released in a manner that allowed them to return to the battlefield,” McKeon said. “The provision requires the Secretary of Defense to convey detailed national security information to Congress so that Members may have a more complete understanding of the risks of sending GTMO detainees elsewhere, and what is proposed to mitigate those risks.”

After the bill markup was complete, the chairman said the committee “took one of many steps to hold the administration accountable for breaking the law and putting Americans at risk with their ill-considered transfer of senior Taliban terrorists.”

“The Armed Services Committee will also continue to insist on accountability as our official investigation into the transfer moves forward. There is still much about the president’s decision on transferring these terrorists, and the administration deliberations on informing Congress, that we must better understand,” he said. “Some might draw a partisan conclusion from today’s markup, but that is a false narrative.”

Rigell said he considered this “to be a serious matter and I am sobered by the topic.”

“In transferring the five senior members of the Taliban to the government of Qatar the president broke the law,” said the lead sponsor. “Specifically he has failed to uphold Article II Section 3 of the Constitution which states that the President must ‘take care that the laws be faithfully executed’ and in doing so he has placed an unnecessary burden on the relationship between Congress and the administration.”

[smoothsailing]

Jul 28 2014

JUST THE FACTS: How the Transfer of the Taliban Five Violated The Law

HASC To Consider Executive Disapproval Resolution TOMORROW

Washington D.C. - House Armed Services Committee Chairman Howard P. "Buck" McKeon (R-CA) released the following fact sheet ahead of the Committee's markup of H.Res 644 expressing disapproval of the Obama administration's transfer of five senior Taliban leaders on May 31, 2014. 

In announcing the markup last week, Chairman McKeon said "When the President takes his oath of office, he is duty bound to  follow the laws set by the American people. Here, his office broke a law that was originally adopted by his own party in the Senate, passed by a large bi-partisan majority in Congress and signed by the President himself.   Just as the President must do his duty, so must Congress. Congressman Rigell’s legislation sends the clear message that following the law isn’t optional."

FACT: The Taliban Five Transfer Violated the Law

The transfer of the Taliban Five was in violation of Section 1035 of the Fiscal Year 2014 National Defense Authorization Act (FY2014 NDAA) which requires the President to notify Congress not later than 30 days before the transfer or release of any terrorist detainees from Guantanamo Bay takes place.

FACT: The Constitution gives Congress, not the President, power over detentions

Article One, Section Eight of the U.S. Constitution expressly gives the Congress the authority to "make rules concerning captures on land and water." 

FACT: The Administration could have notified Congress but chose not to 

The Administration had ample opportunity to notify Congress of the transfer while remaining in compliance with the law and preserving operational security. The Secretary of Defense testified that negotiations to transfer these five Taliban detainees had been ongoing for months and the Administration made a conscious decision not to consult Congress. 

FACT: The violation of the 30-day notice requirement has significant consequences

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.

FACT: The Administration Negotiated With Terrorists in Connection With the Taliban Five Exchange

Negotiations through intermediaries are still negotiations with terrorists.  In this case, the United States negotiated through intermediaries in Qatar. Both the Haqqani Network and the Taliban are designated as terrorist organizations by the U.S. government. Violation of the 30 day notice law prevented Congress from evaluating the negotiation process and the repercussions of negotiating with terrorists.

FACT: The Taliban Five Detainees Pose a Risk to America’s Security

These Taliban leaders have had associations with al-Qaeda or have engaged in hostilities against the United States or its coalition partners, and have previously been determined to be too dangerous to transfer. 

FACT: There is a Clear Danger that the Taliban Five Will Re-enter the Fight Against the U.S. or our Afghan Allies.

The Taliban Five will be free to leave Qatar in less than a year and could easily rejoin the fight against America. By the President’s own admission, there is “absolutely” the “possibility” that these detainees would try to return to the fight.  Other transferred GTMO detainees have become leaders of al Qaeda associated groups actively planning attacks against America and our allies. 

WHAT: House Armed Services Committee Markup of H. Res 644

WHEN: Tuesday, July 29, 2014, 2:30PM

WHERE: 2118 Rayburn 

 

Permalink: http://armedservices.house.gov/index.cfm/2014/7/just-the-facts-how-the-transfer-of-the-taliban-five-violated-the-law

[ButThreeLeftsDo]

Again, nice try.

This goes nowhere.

[Uncle Chip]

A little late aren’t we here —

[doc1019]

Impeachable offenses ... if they really wanted to protest and give force to their words, impeach.

However, they are considering an EXECUTIVE DISAPROVAL RESOLUTION? Sounds like all the strongly worded letters of protest that the president sends to everybody.

[DJ MacWoW]

5% Carry 100% of Free Republic Expense

Click The Pic To Donate

Support FR Or Lose It

[Vendome]

Well take yer time anyway

[Graewoulf]

Documentation File on the 2014 Impeachment of B. Hussein Obama, aka “Barry Soetoro,” a Foreign Student from Indonesia, and still currently a Legal Citizen of the Sovereign Nation of Indonesia.

[smoothsailing]

For the file:

https://beta.congress.gov/113/bills/hres644/BILLS-113hres644ih.xml

[Graewoulf]

As Elvis used to say: “Thankyou. Thankyouverymuch!”

[PghBaldy]

Yep. I have no reszpect for anyone in Congress except for maybe Jeff Sessions and Trey Gowdy, and they are just two men with no power.

[Cubs Fan]

However, they are considering an EXECUTIVE DISAPROVAL RESOLUTION? Sounds like all the strongly worded letters of protest that the president sends to everybody.

kinda reminds me of Hans Brix in team america.