[House Report 113-569]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-569
======================================================================
CONDEMNING AND DISAPPROVING OF THE OBAMA ADMINISTRATION'S FAILURE TO
COMPLY WITH THE LAWFUL STATUTORY REQUIREMENT TO NOTIFY CONGRESS BEFORE
RELEASING INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, AND EXPRESSING NATIONAL SECURITY CONCERNS OVER
THE RELEASE OF FIVE TALIBAN LEADERS AND THE REPERCUSSIONS OF
NEGOTIATING WITH TERRORISTS
_______
July 31, 2014.--Referred to the House Calendar and ordered to be
printed
_______
Mr. McKeon, from the Committee on Armed Services,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H. Res. 644]
The Committee on Armed Services, to whom was referred the
resolution (H. Res. 644) condemning and disapproving of the
Obama administration's failure to comply with the lawful
statutory requirement to notify Congress before releasing
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba, and expressing national security concerns over the
release of five Taliban leaders and the repercussions of
negotiating with terrorists, having considered the same, report
favorably thereon with amendments and recommend that the
resolution be agreed to.
The amendments are as follows:
Strike all after the resolving clause and insert the
following:
That the House of Representatives--
(1) condemns and disapproves of the failure of the Obama
administration to comply with the lawful 30-day statutory
reporting requirement in executing the transfer of five senior
members of the Taliban from detention at United States Naval
Station, Guantanamo Bay, Cuba;
(2) expresses grave concern about the national security risks
associated with the transfer of five senior Taliban leaders,
including the national security threat to the American people
and the Armed Forces of the United States;
(3) expresses grave concern over the repercussions of
negotiating with terrorists, even when conducted through
intermediaries, and the risk that such negotiations with
terrorists may further encourage hostilities and the abduction
of Americans;
(4) stipulates that further violations of the law set forth
in section 1035 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 801 note) and
section 8111 of the Department of Defense Appropriations Act,
2014 (Public Law 113-76) are unacceptable;
(5) expresses that these actions have burdened unnecessarily
the trust and confidence in the commitment and ability of the
Obama administration to constructively engage and work with
Congress; and
(6) expresses relief that Sergeant Bergdahl has returned
safely to the United States.
Amend the preamble to read as follows:
Whereas section 1035 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 801 note) 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 United
States Naval Station, Guantanamo Bay, Cuba (hereinafter referred to as
``GTMO'');
Whereas on May 31, 2014, the Department of Defense transferred five Taliban
detainees held at GTMO to the State of Qatar;
Whereas according to declassified United States government documents, the
five detainees were all senior Taliban leaders: Abdul Haq Wasiq was the
Taliban Deputy Minister of Intelligence, Mullah Norullah Noori was the
Taliban military commander at Mazar-e-Sharif, Mullah Mohammad Fazl was the
Taliban Deputy Minister of Defense, Khairullah Said Wai Khairkwa was the
Taliban Minister of Interior, and Mohammad Nabi Omari was the Taliban
communications chief and border chief;
Whereas these five senior Taliban leaders have had associations with al-
Qaeda or have engaged in hostilities against the United States or its
coalition partners;
Whereas these five senior Taliban detainees held leadership positions
within the Taliban in Afghanistan when it provided safehaven for al-Qaeda
to conduct planning, training, and operations for the September 11, 2001,
attacks;
Whereas in 2010, after an extensive evaluation meant to identify detainees
who could be transferred out of the detention facility at GTMO, the Obama
administration determined that these five should remain in United States
detention because they were ``too dangerous to transfer'' because each
``poses a high level of threat that cannot be mitigated sufficiently except
through continued detention'';
Whereas the President has stated that there is ``absolutely'' the
``possibility of some'' of these former Taliban detainees ``trying to
return to activities that are detrimental to'' the United States;
Whereas other former GTMO detainees that were transferred have become
leaders of al-Qaeda affiliates actively plotting against the United States
and are ``involved in terrorist or insurgent activities'';
Whereas Secretary of Defense Chuck Hagel testified before the Committee on
Armed Services of the House of Representatives that, pursuant to an
agreement with Qatar, the five former detainees transferred in May would
not be allowed to leave Qatar for one year, but after that date there would
be no restrictions on the movement of the former detainees;
Whereas notwithstanding the fact that Qatar is an important regional ally,
after another GTMO detainee was transferred to Qatar in 2008, Qatar
apparently had difficulty implementing the assurances Qatar gave the United
States in connection with that detainee's transfer;
Whereas senior officials in the Obama administration negotiated, through
intermediaries in the government of Qatar, with the Taliban, and with the
Haqqani Network, which the Department of State has designated as a foreign
terrorist organization, and which held Sergeant Bowe Bergdahl captive;
Whereas Secretary Hagel testified to the Committee on Armed Services of the
House of Representatives that negotiations for the transfer of the five
Taliban detainees in exchange for Sergeant Bergdahl began in January 2014;
Whereas the General Counsel of the Department of Defense signed a
memorandum of understanding with the Attorney General of the State of Qatar
on May 12, 2014, regarding the security conditions for transfer of these
five Taliban detainees;
Whereas in addition to an unknown number of officials of Qatar, senior
Obama administration officials acknowledge that approximately 80 or 90
individuals within the Obama administration were knowledgeable of the
planned transfer of the five Taliban detainees prior to their transfer;
Whereas Congress was not notified of the transfer until June 2, 2014, three
days after such individuals were transferred, and 33 days after the date on
which such notification was required by section 1035 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 801 note) and section 8111 of the Department of Defense
Appropriations Act, 2014 (Public Law 113-76);
Whereas the Secretary of Defense, in consultation with the President and
other senior Obama administration officials, did not comply with the 30-day
notification requirement;
Whereas article II, section 3 of the Constitution stipulates that the
President ``shall take care that the laws be faithfully executed'';
Whereas on January 15, 2009, the Office of Legal Counsel in the Department
of Justice acknowledged that, under article I of the Constitution, Congress
possesses legislative authority concerning the detention and release of
enemy combatants;
Whereas the Obama administration has complied with the law in all other
detainee transfers from GTMO since the date of the enactment of prevailing
law; and
Whereas in 2011, after leaders of the Senate and House of Representatives
expressed their bipartisan opposition to the prospective transfer of these
Taliban detainees from GTMO, senior Obama administration officials assured
these Senators and Members of Congress that there would be no exchange of
Taliban detainees for Sergeant Bergdahl, and that any transfer of Taliban
detainees that might otherwise occur would be part of a reconciliation
effort with the Taliban and the Government of Afghanistan and that such a
transfer would only take place in consultation with Congress pursuant to
law: Now, therefore, be it
Amend the title so as to read:
Resolution condemning and disapproving of the failure of
the Obama administration to comply with the lawful statutory
requirement to notify Congress before transferring individuals
detained at United States Naval Station, Guantanamo Bay, Cuba,
and expressing concern about the national security risks over
the transfer of five Taliban leaders and the repercussions of
negotiating with terrorists.
PURPOSE AND BACKGROUND
On June 25, 2014, Representative Scott E. Rigell introduced
H. Res. 644, ``condemning and disapproving of the Obama
administration's failure to comply with the lawful statutory
requirement to notify Congress before releasing individuals
detained at United States Naval Station, Guantanamo Bay, Cuba,
and expressing national security concerns over the release of
five Taliban leaders and the repercussions of negotiating with
terrorists.'' H. Res. 644 was referred to the Committee on
Armed Services on June 25, 2014.
On May 31, 2014, the United States transferred five
detainees from the U.S. detention facility at United States
Naval Station, Guantanamo Bay (GTMO), Cuba to Qatar. This
transfer was carried out due to an agreement achieved between
the Afghan Taliban and the United States (brokered by the
Government of Qatar) to release Army Sergeant Bowe Bergdahl to
the United States in exchange for five GTMO detainees: Abdul
Haq Wasiq, Mullah Norullah Noori, Mullah Mohammad Fazl,
Khairullah Said Wai Khairkwa, and Mohammad Nabi Omari.
The Department of Defense informed the committee of the
transfer of the five Guantanamo detainees to Qatar on the same
day as the exchange. On June 2, 2014 the Secretary of Defense
provided the committee written notification regarding the
transfer.
There are two statutory provisions governing foreign
transfers of GTMO detainees to the custody or control of
another country. Section 1035 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66)
requires the following before the transfer or release of a GTMO
detainee: (1) the Secretary of Defense must determine that the
risk posed by the detainee will be substantially mitigated and
that the transfer is in the national security interests of the
United States; (2) the Secretary of Defense must notify the
appropriate committees of Congress at least 30 days before the
transfer or release of a GTMO detainee; (3) the Secretary of
Defense must provide detailed information regarding the
circumstances of the transfer or release along with the
notification, including how the risk posed by the detainee will
be substantially mitigated, and an assessment of the capacity,
willingness, and past practices of the receiving country.
Section 8111 of the Department of Defense Appropriations Act,
2014 also contains the following language, ``None of the funds
appropriated or otherwise made available in this Act may be
used to transfer any individual detained at United States Naval
Station Guantanamo Bay, Cuba to the custody or control of the
individual's country of origin, any other foreign country, or
any other foreign entity except in accordance with section 1035
of the National Defense Authorization Act for Fiscal Year
2014.''
On July 29, 2014, the Committee on Armed Services met in
open session to consider H. Res. 644 and report the measure to
the House. During the markup, Chairman Howard P. ``Buck''
McKeon offered an amendment in the nature of a substitute to H.
Res. 644 that would condemn and disapprove of the failure of
the Obama administration to comply with the lawful statutory
requirement to notify Congress before transferring five GTMO
detainees, and expressing concern about the associated national
security risks and repercussions of negotiating with
terrorists. The amendment in the nature of a substitute offered
by Chairman McKeon was agreed to by record vote, 34-25. The
title of H. Res. 644 would be amended so as to read:
``Condemning and disapproving of the failure of the Obama
administration to comply with the lawful statutory requirement
to notify Congress before transferring individuals detained at
United States Naval Station, Guantanamo Bay, Cuba, and
expressing concern about the national security risks over the
transfer of five Taliban leaders and the repercussions of
negotiating with terrorists.''
The committee ordered H. Res. 644, as amended, reported to
the House with a favorable recommendation by voice vote, a
quorum being present.
HEARINGS
No hearings were held by the committee on H. Res. 644.
The committee held a hearing ``The May 31, 2014 Transfer of
Five Senior Taliban Detainees''' on June 11, 2014, to receive
testimony from Secretary of Defense, Chuck Hagel, and the
General Counsel of the Department of Defense, Stephen Preston.
The committee subsequently met to receive a classified briefing
``The May 31, 2014 Transfer of Five Senior Taliban Detainees'''
on June 18, 2014 from senior officials in the Department of
Defense and the Office of the Director of National
Intelligence.
COMMITTEE POSITION
On July 29, 2014, the Committee on Armed Services held a
markup session to consider H. Res. 644. The committee agreed to
an amendment in the nature of a substitute during the
consideration of H. Res. 644.
The committee ordered H. Res. 644, as amended, reported to
the House with a favorable recommendation by voice vote, a
quorum being present.
COMMITTEE VOTES
In accordance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, record votes were taken with
respect to the committee's consideration of H. Res. 644. The
record of these votes is contained in the following pages.
COMMITTEE ON ARMED SERVICES
113TH CONGRESS
ROLL CALL VOTE NO. 1
H. RES. 644
On agreeing to the Smith Amendment, Log 001r1
Description: Substitute for the McKeon Amendment in the
Nature of a Substitute expressing that the Obama administration
should have given 30 days notice before transferring GTMO
detainees to Qatar; and that all administrations must give this
notice before GTMO detainees are transferred to the custody or
control of a foreign country on the basis of a determination by
the Secretary of Defense.
Tuesday, July 29, 2014
----------------------------------------------------------------------------------------------------------------
Member Aye No Present Member Aye No Present
----------------------------------------------------------------------------------------------------------------
Mr. McKeon....................... ....... X ......... Mr. Smith.......... X ....... .........
Mr. Thornberry................... ....... X ......... Ms. Sanchez........ X ....... .........
Mr. Jones........................ ....... ....... ......... Mr. McIntyre....... X ....... .........
Mr. Forbes....................... ....... X ......... Mr. Brady.......... ....... X .........
Mr. Miller....................... ....... X ......... Mrs. Davis......... ....... X .........
Mr. Wilson....................... ....... X ......... Mr. Langevin....... X ....... .........
Mr. LoBiondo..................... ....... X ......... Mr. Larsen......... X ....... .........
Mr. Bishop....................... ....... X ......... Mr. Cooper......... X ....... .........
Mr. Turner....................... ....... X ......... Ms. Bordallo....... X ....... .........
Mr. Kline........................ ....... X ......... Mr. Courtney....... ....... X .........
Mr. Rogers....................... ....... X ......... Mr. Loebsack....... X ....... .........
Mr. Franks....................... ....... X ......... Ms. Tsongas........ ....... X .........
Mr. Shuster...................... ....... X ......... Mr. Garamendi...... X ....... .........
Mr. Conaway...................... ....... X ......... Mr. Johnson........ ....... X .........
Mr. Lamborn...................... ....... X ......... Ms. Hanabusa....... ....... ....... .........
Mr. Wittman...................... ....... X ......... Ms. Speier......... ....... X .........
Mr. Hunter....................... ....... X ......... Mr. Barber......... X ....... .........
Dr. Fleming...................... ....... X ......... Mr. Carson......... X ....... .........
Mr. Coffman...................... ....... X ......... Ms. Shea-Porter.... X ....... .........
Mr. Rigell....................... ....... X ......... Mr. Maffei......... X ....... .........
Mr. Gibson....................... ....... X ......... Mr. Kilmer......... X ....... .........
Mrs. Hartzler.................... ....... X ......... Mr. Castro......... X ....... .........
Dr. Heck......................... ....... X ......... Ms. Duckworth...... X ....... .........
Mr. Runyan....................... ....... X ......... Mr. Peters......... X ....... .........
Mr. Scott........................ ....... X ......... Mr. Enyart......... ....... X .........
Mr. Palazzo...................... ....... X ......... Mr. Gallego........ X ....... .........
Mr. Brooks....................... ....... X ......... Mr. Veasey......... ....... X .........
Mr. Nugent....................... ....... ....... ......... Ms. Gabbard........ X ....... .........
Mrs. Noem........................ ....... X .........
Mr. Cook......................... ....... X .........
Mr. Bridenstine.................. ....... X .........
Dr. Wenstrup..................... ....... X .........
Mrs. Walorski.................... ....... X .........
Mr. Byrne........................ ....... X .........
----------------------------------------------------------------------------------------------------------------
Roll Call Vote Total: Ayes 19; Noes 40; Present 0.
COMMITTEE ON ARMED SERVICES
113TH CONGRESS
ROLL CALL VOTE NO. 2
H. RES. 644
On agreeing to the McKeon Amendment in the Nature of a
Substitute to H. Res. 644
Description: Amendment in the Nature of a Substitute
condemning and disapproving of the failure of the Obama
administration to comply with the lawful statutory requirement
to notify Congress before transferring five GTMO detainees, and
expressing concern about the associated national security risks
and repercussions of negotiating with terrorists.
Tuesday, July 29, 2014
----------------------------------------------------------------------------------------------------------------
Member Aye No Present Member Aye No Present
----------------------------------------------------------------------------------------------------------------
Mr. McKeon....................... X ....... ......... Mr. Smith.......... ....... X .........
Mr. Thornberry................... X ....... ......... Ms. Sanchez........ ....... X .........
Mr. Jones........................ ....... ....... ......... Mr. McIntyre....... X ....... .........
Mr. Forbes....................... X ....... ......... Mr. Brady.......... ....... X .........
Mr. Miller....................... X ....... ......... Mrs. Davis......... ....... X .........
Mr. Wilson....................... X ....... ......... Mr. Langevin....... ....... X .........
Mr. LoBiondo..................... X ....... ......... Mr. Larsen......... ....... X .........
Mr. Bishop....................... X ....... ......... Mr. Cooper......... ....... X .........
Mr. Turner....................... X ....... ......... Ms. Bordallo....... ....... X .........
Mr. Kline........................ X ....... ......... Mr. Courtney....... ....... X .........
Mr. Rogers....................... X ....... ......... Mr. Loebsack....... ....... X .........
Mr. Franks....................... X ....... ......... Ms. Tsongas........ ....... X .........
Mr. Shuster...................... X ....... ......... Mr. Garamendi...... ....... X .........
Mr. Conaway...................... X ....... ......... Mr. Johnson........ ....... X .........
Mr. Lamborn...................... X ....... ......... Ms. Hanabusa....... ....... ....... .........
Mr. Wittman...................... X ....... ......... Ms. Speier......... ....... X .........
Mr. Hunter....................... X ....... ......... Mr. Barber......... ....... X .........
Dr. Fleming...................... X ....... ......... Mr. Carson......... ....... X .........
Mr. Coffman...................... X ....... ......... Ms. Shea-Porter.... ....... X .........
Mr. Rigell....................... X ....... ......... Mr. Maffei......... ....... X .........
Mr. Gibson....................... X ....... ......... Mr. Kilmer......... ....... X .........
Mrs. Hartzler.................... X ....... ......... Mr. Castro......... ....... X .........
Dr. Heck......................... X ....... ......... Ms. Duckworth...... ....... X .........
Mr. Runyan....................... X ....... ......... Mr. Peters......... ....... X .........
Mr. Scott........................ X ....... ......... Mr. Enyart......... ....... X .........
Mr. Palazzo...................... X ....... ......... Mr. Gallego........ ....... X .........
Mr. Brooks....................... X ....... ......... Mr. Veasey......... ....... X .........
Mr. Nugent....................... ....... ....... ......... Ms. Gabbard........ X ....... .........
Mrs. Noem........................ X ....... .........
Mr. Cook......................... X ....... .........
Mr. Bridenstine.................. X ....... .........
Dr. Wenstrup..................... X ....... .........
Mrs. Walorski.................... X ....... .........
Mr. Byrne........................ X ....... .........
----------------------------------------------------------------------------------------------------------------
Roll Call Vote Total: Ayes 34; Noes 25; Present 0.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Clause 3(c)(3) of rule XIII of the House of Representatives
is not applicable because the Congressional Budget Office did
not provide a cost estimate for the resolution.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d) of rule XIII of the Rules of the
House of Representatives, the committee estimates the costs of
implementing the resolution would be negligible.
STATEMENT REQUIRED BY THE CONGRESSIONAL BUDGET ACT
In accordance with clause (3)(c)(2) of rule XIII of the
Rules of the House of Representatives, and section 308(a) of
the Congressional Budget Act of 1974 (Public Law 93-344), this
resolution does not provide new budget authority, new spending
authority, new credit authority, or an increase or decrease in
revenues or tax expenditures.
ADVISORY OF EARMARKS
The committee finds that H. Res. 644, as reported, does not
contain any congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9 of rule XXI of
the Rules of the House of Representatives.
OVERSIGHT FINDINGS
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the committee reports that the
findings and recommendations of the committee are incorporated
in the descriptive portions of this report.
GENERAL PERFORMANCE GOALS AND OBJECTIVES
In compliance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, there are no general
performance goals and objectives associated with this
legislation, as it authorizes no funding.
FEDERAL ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
STATEMENT OF FEDERAL MANDATES
Pursuant to section 423 of Public Law 104-4, this
resolution contains no Federal mandates with respect to state,
local, and tribal governments, nor with respect to the private
sector. Similarly, the resolution provides no Federal
intergovernmental mandates.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The committee finds that this legislation does not relate
to the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
DUPLICATION OF FEDERAL PROGRAMS
No provision of the resolution establishes or reauthorizes
a program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
The committee estimates that H. Res. 644, as amended,
requires no directed rule makings.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, H. Res. 644, as amended, would
not make any changes to existing law.
DISSENTING VIEWS
H. Res. 644 is an overstated and unnecessary product of a
rhetorical exercise fueled by overt partisanship. We dissent
from the condemnation made by H. Res. 644, as reported by the
House Armed Services Committee, that is based on the premise
that the Obama administration violated the law in providing the
appropriate congressional committees less than 30 days' notice
of the determination made by the Secretary of Defense,
supporting the May 31, 2014 transfer of five Taliban detainees
from the detention facility at United States Naval Station,
Guantanamo Bay, Cuba to the State of Qatar, in exchange for the
release of Sergeant Bowe Bergdahl, as called for by section
1035(d) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 801 note). H. Res. 644
does not provide appropriate means for settling questions on
the legality of the administration's actions associated with
the transfer of the five Guantanamo detainees, nor for
protecting valid congressional interests in being properly
informed of national security matters, nor for building a more
constructive relationship between the executive and legislative
branches of government.
The House of Representatives should not presume that the
Obama administration violated the law. There exists stark
disagreement between the administration and certain members of
the legislative branch as to whether, in certain circumstances,
the statutory requirement in question would encroach upon
constitutional separation of powers principles. In our hearing
on the matter, on June 11, Secretary of Defense Chuck Hagel
expressed the administration's position in his testimony as
follows:
In the decision to rescue Sergeant Bergdahl, we
complied with the law, and we did what we believed was
in the best interests of our country, our military, and
Sergeant Bergdahl. The President has constitutional
responsibilities and authorities to protect American
citizens and members of our armed forces. That's what
he did. America does not leave its soldiers behind. We
made the right decision, and we did it for the right
reasons--to bring home one of our people.
In light of this contention, it does not follow that the
failure to meet the 30-day notification requirement, as
unwelcome as that was, clearly amounts to a violation of law,
and the Obama administration should not be condemned by the
House of Representatives for its actions on a presumption of
illegality. Unsubstantiated condemnations of executive actions
merely serve to undermine the legitimacy of our national
government.
The more salient issue involves maintaining proper respect
for the active and timely participation of the Congress, as a
co-equal branch of government, in important national security
matters. The administration should have notified us of the
Secretary's determination at least 30 days before the transfer
of the five Taliban detainees from Guantanamo, and the Obama
administration and all future administrations should always
comply with the notification requirement of section 1035(d) of
the National Defense Authorization Act for Fiscal Year 2014 and
welcome congressional participation. There is no question that
the Congress needs to be informed of such detainee transfers,
and, in the past, the Congress has repeatedly proven that it
can be trusted to guard sensitive information associated with
very important national security issues.
The reported resolution also expresses that actions taken
by the Obama administration ``have burdened unnecessarily the
trust and confidence in the commitment and ability of the Obama
administration to constructively engage and work with
Congress.'' We would have strongly preferred the administration
to have fulfilled the 30-day notification requirement, and
thereby reinforced its commitment and ability to maintain a
productive relationship with the Congress. However, we find the
overly partisan and prosecutorial tone of H. Res. 644 to be an
impediment, rather than an inducement, to a more engaging and
constructive relationship between the legislative and executive
branches of government, regarding sensitive national security
affairs.
The President and his administration performed an arduous
task in securing the safe return of an American serviceman held
captive by enemy combatants. As with many undertakings in the
national security arena, significant risks were involved and
difficult choices needed to be made. For the House of
Representatives to second guess those decisions, in hindsight,
on the basis of risk, while simultaneously expressing relief
that the benefit of Sergeant Bergdahl's safe return was in fact
achieved, would be as unfair as it would be wrong.
Adam Smith.
John Garamendi.
Rick Larsen.
Joe Courtney.
Madeleine Z. Bordallo.
Susan A. Davis.
[all]