We've all heard that the law requires the administration to give Congress 30 days notice before releasing prisoners from the U.S. terrorist detention facility in Guantanamo Bay, Cuba -- a provision the White House willfully ignored in the recent release of five Taliban commandos in exchange for Army Sgt. Bowe Bergdahl.
But the law -- specifically the National Defense Authorization Act for Fiscal Year 2014 -- requires much more than that. Congress did not intend for the president to give lawmakers a simple heads-up. Instead, the House and Senate ordered that any such 30-day notification must include:
1) A detailed statement of the basis for the transfer or release.
2) An explanation of why the transfer or release is in the national security interests of the United States.
3) A description of any actions taken to mitigate the risks of re-engagement by the individual to be transferred or released ...
4) A copy of any (review board) findings relating to the individual.
5) A description of the evaluation (of conditions in the country to which the individual would be transferred).
Of course, the Obama administration did none of that in the Bergdahl/Taliban case. And the specificity of the law -- it is certainly not a casual requirement -- makes that decision more consequential. View Full Article
But the law -- specifically the National Defense Authorization Act for Fiscal Year 2014 -- requires much more than that. Congress did not intend for the president to give lawmakers a simple heads-up. Instead, the House and Senate ordered that any such 30-day notification must include:
1) A detailed statement of the basis for the transfer or release.
2) An explanation of why the transfer or release is in the national security interests of the United States.
3) A description of any actions taken to mitigate the risks of re-engagement by the individual to be transferred or released ...
4) A copy of any (review board) findings relating to the individual.
5) A description of the evaluation (of conditions in the country to which the individual would be transferred).
Of course, the Obama administration did none of that in the Bergdahl/Taliban case. And the specificity of the law -- it is certainly not a casual requirement -- makes that decision more consequential. View Full Article
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