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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. 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
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