Report: Obama Administration broke the law in Bergdahl swap

AlwaysWrite

AlwaysWrite

Addicted Member
According to a severely critical new report after a year-long investigation by the House Armed Services Committee, the Obama Administration broke the law when it swapped five Taliban terrorist leaders for U.S. Army deserter Bowe Bergdahl.

Other findings in the report:

* The administration deliberately and intentionally misled Congress and the American people throughout the process of negotiations, and it kept the prisoner exchange secret because it knew that Congress and the U.S. people would never go along with such a swap.

* The administration broke the law that requires providing members of Congress with 30 days' advance notice of any detainee transfers from Guantánamo Bay, where the released senior Taliban leaders had been retained. The report also suggests that the administration hid the swap so that is could help fulfill Obama's campaign promise to close the Guantánamo Bay facility.

* The administration misled reporters and lawmakers about a potential prisoner exchange. Congress was notified only hours before the May 2014 transfer took place. The Taliban terrorists knew about the deal before members of Congress.

* President Obama took unilateral action and did not comply with Article II, section 3 of the Constitution, which states that the President “shall take care that the laws be faithfully executed.”

* Six U.S. soldiers died in the search for Sgt. Bergdahl after he deserted his post in Afghanistan, contradicting National Security Adviser Susan Rice's claim that Bergdahl served with "honor and distinction."

A link to the complete, lengthy report ... http://armedservices.house.gov/index.cfm?a=Files.Serve&File_id=A94B3614-F4C4-45B0-B9B8-F9FE62857969
 
AlwaysWrite

AlwaysWrite

Addicted Member
[EDITOR'S NOTE: Because the report is so lengthy, I'm posting the Conclusion (word for word) here.]

This extended study demonstrates that the Administration worked over six months to arrange and effectuate a complicated and controversial transfer of five dangerous Taliban detainees lawfully held at GTMO. It did so without properly informing Congress or even communicating the fact that the plan was being developed, despite a legal requirement and specific pledges to do precisely the opposite. This is deeply disturbing.

These actions and omissions call into question the meaning and application of the timehonored established constitutional principles of congressional oversight of the executive branch and the Department of Defense’s relationship with its legislative overseers. The Committee also believes the Administration’s actions must be placed in a broader context. The effort to transfer the Taliban Five was not merely a mechanism to recover a captive U.S. serviceman.

President Obama has pledged to close GTMO. Among other justifications for this goal, he has cited the fact that the facility’s existence has purportedly invigorated our nation’s enemies, despite scant evidence to justify this assertion and the fact that they faced no inhibitions about their anger towards the United States or allies before GTMO began operation.

When President Obama assumed office and empaneled his own review of GTMO detainees, that interagency body determined that 48 detainees should not leave U.S. custody. As the Administration entered its second term, the Committee believes that this posed a particular challenge: how to rid the facility of detainees the president’s own designees believed could not be readily sent elsewhere.

The Taliban Five transfer became cloaked as a component of an otherwise salutary prisoner recovery effort. Doing so allowed the Administration to rid itself of five of the most dangerous and problematic detainees (other than the 9/11 conspirators who are subject to criminal proceedings) who the Administration would otherwise have great difficulty relocating because of the Administration’s own prior recommendation to keep them in detention.

Furthermore, transferring five senior Taliban leaders from GTMO offered the prospect of making other transfers appear to be less threatening or contentious. If these five left GTMO, it could ease the case for the departure of others presumed to be less risky. Because the Administration recognized such an audacious effort faced broad, bipartisan public and congressional opposition, the Administration elected to arrange for the transfer without properly notifying Congress and claiming notification was precluded by the exigencies of the circumstances (notwithstanding the fact the efforts were spread over many months with much senior-level involvement).

The Taliban Five transfer also essentially meant sidelining the officials and offices within the Department of Defense with considerable previous experience with other detainee relocations. Indeed, until this inquiry began, the Department also failed to promptly identify an individual or office charged with the responsibility to monitor the adherence to the Memorandum of Understanding stipulating the conditions of the transfer of the Taliban Five. This was the case despite the fact that the Department was the signatory to the MOU.

Some of the Taliban Five have engaged in threatening activities since being transferred to Qatar. Regrettably, this outcome is a consequence of a poorly managed process undertaken contrary to a law specifically intended to minimize the risk posed by detainee transfers. In light of all these circumstances, the Committee will continue to closely monitor the situation using all the capabilities available to it.
 
You must log in or register to reply here.
Top