AFP: Taliban leader Mullah Omar says prisoner swap which freed U.S. soldier Sergeant Bowe Bergdahl was a "big victory"
— Sky News Breaking (@SkyNewsBreak) June 1, 2014
WASHINGTON (AP) — Two Republican lawmakers on Saturday accused President Barack Obama of breaking the law by approving the release of five Afghan detainees held at Guantanamo Bay, Cuba, in exchange for a U.S. soldier believed held by Islamist insurgents for five years.
The White House agreed that actions were taken in spite of legal requirements and cited “unique and exigent circumstances” as justification.
Sgt. Bowe Bergdahl, 28, of Hailey, Idaho, was handed over to U.S. special operations forces by the Taliban. In return, five Afghans who were held at a U.S. detention facility in Cuba were released to the custody of the government of Qatar, which served as a go-between in negotiations for the trade.
Rep. Howard “Buck” McKeon of California and Sen. James Inhofe of Oklahoma said in a statement that Obama is required by law to notify Congress 30 days before any terrorists are transferred from the U.S. facility. They said Obama also is required to explain how the threat posed by such terrorists has been substantially mitigated.
McKeon is chairman of the House Armed Services Committee. Inhofe is the top Republican on the Senate Armed Services Committee.
In response, the White House said it moved as quickly as possible given the opportunity that arose to secure Bergdahl’s release. Citing “these unique and exigent circumstances,” the White House said a decision was made to go ahead with the transfer despite the legal requirement of 30 days advance notice to Congress.
While saying they celebrate Bergdahl’s release, McKeon and Inhofe warned that the exchange “may have consequences for the rest of our forces and all Americans.”
“Our terrorist adversaries now have a strong incentive to capture Americans. That incentive will put our forces in Afghanistan and around the world at even greater risk,” they said. (read more)
KABUL — They were among the Taliban’s most influential commanders — five men whom the United States succeeded in removing from the battlefield.
Khair Ulla Said Wali Khairkhwa – Khairkhwa was an early member of the Taliban in 1994 and was interior minister during the Taliban’s rule. He hails from the same tribe as Afghan President Hamid Karzai and was captured in January 2002. Khairkhwa’s most prominent position was as governor of Herat province from 1999 to 2001, and he was alleged to have been “directly associated” with Osama bin Laden. According to a detainee assessment, Khairkhwa also was probably associated with al Qaeda’s now-deceased leader in Iraq, Abu Musab al Zarqawi. He is described as one of the “major opium drug lords in western Afghanistan” and a “friend” of Karzai. He was arrested in Pakistan and was transferred to Guantanamo in May 2002. During questioning, Khairkhwa denied all knowledge of extremist activities.
Mullah Mohammad Fazl – Fazl commanded the main force fighting the U.S.-backed Northern Alliance in 2001, and served as chief of army staff under the Taliban regime. He has been accused of war crimes during Afghanistan’s civil war in the 1990s. Fazl was detained after surrendering to Abdul Rashid Dostam, the leader of Afghanistan’s Uzbek community, in November 2001. He was wanted by the United Nations in connection with the massacre of thousands of Afghan Shiites during the Taliban’s rule. “When asked about the murders, he did not express any regret,” according to the detainee assessment. He was alleged to have been associated with several militant Islamist groups, including al Qaeda. He was transferred into U.S. custody in December 2001 and was one of the first arrivals at Guantanamo, where he was assessed as having high intelligence value.
Mullah Norullah Noori – Noori served as governor of Balkh province in the Taliban regime and played some role in coordinating the fight against the Northern Alliance. Like Fazl, Noori was detained after surrendering to Dostam, the Uzbek leader, in 2001.Noori claimed during interrogation that “he never received any weapons or military training.” According to 2008 detainee assessment, Noori “continues to deny his role, importance and level of access to Taliban officials.” That same assessment characterized him as high risk and of high intelligence value.
Abdul Haq Wasiq – Wasiq was the deputy chief of the Taliban regime’s intelligence service. His cousin was head of the service. An administrative review in 2007 cited a source as saying that Wasiq was also “an al Qaeda intelligence member” and had links with members of another militant Islamist group, Hezb-e-Islami Gulbuddin. Wasiq claimed, according to the review, that he was arrested while trying to help the United States locate senior Taliban figures. He denied any links to militant groups.
Mohammad Nabi Omari – Omari was a minor Taliban official in Khost Province. According to the first administrative review in 2004, he was a member of the Taliban and associated with both al Qaeda and another militant group Hezb-e-Islami Gulbuddin. He was the Taliban’s chief of communications and helped al Qaeda members escape from Afghanistan to Pakistan. Omari acknowledged during hearings that he had worked for the Taliban but denied connections with militant groups. He also said that he had worked with a U.S. operative named Mark to try to track down Taliban leader Mullah Omar.
Over and over, each detainee received a “recommendation for continued detention” by a military board at Guantanamo. But Bergdahl’s kidnapping — and the prospect of a prisoner swap — meant those recommendations would have to be reassessed.
