Publisher's Synopsis
The transfer of five senior Taliban detainees from detention at Guantanamo Bay to the Government of Qatar in exchange for Sergeant Bergdahl raises numerous national security policy and legal questions. The transfer is a clear violation of section 1035 of the National Defense Authorization Act of 2014. There is no compelling reason why the Department could not provide a notification to Congress 30 days before the transfer, especially when it has complied with the notification requirement for all previous GTMO [Guantanamo Bay Naval Base] detainee transfers since enactment of the law. The explanations from the White House officials are misleading and at times blatantly false. This transfer sets a dangerous precedent in negotiating with terrorists. It reverses longstanding U.S. policy and could incentivize other terrorist organizations, including Al Qaeda, to increase their use of kidnappings of U.S. personnel. The five terrorists still pose a threat to Americans and Afghans alike, and in 1 year they will be free to return to Afghanistan or anywhere else.
