Press Releases

Today, U.S. Congressman Paul A. Gosar, D.D.S. (AZ-04) released the following statement after the House voted in favor of H.RES.644, condemning and disapproving of the Obama administration's failure to comply with the statutory requirement to notify Congress before releasing the Taliban five. The Resolution successfully passed by a bipartisan vote of 229-179:

“In the waning years of President Obama’s time in office, we have continued to see a dangerous and growing trend of lawlessness and aggressive executive overreach unparalleled in modern times. Whether it is mandating abusive new EPA regulations or unilaterally changing immigration laws to fit his political agenda, the President has stretched the checks and balances of our government past its breaking point. He has set a dangerous precedent where the executive branch has attempted to position itself above the rule of law.

“The unlawful actions unilaterally taken by this President are simply unacceptable. Unless more Americans demand accountability from this administration and all elected officials, we can expect to see the Executive Branch continue to violate the laws of this land and push the boundaries of the Constitution past its fundamental limits.”

Background (Courtesy of the Majority Whip's office):

On May 31, 2014, the Department of Defense (DOD) transferred five Taliban detainees from Guantanamo Bay to Qatar in exchange for U.S. Sergeant Bowe Bergdahl.

The GAO released a report on August 21, 2014, confirming that the DOD violated the law by releasing the Taliban 5 without providing 30 days notice to Congress. Additionally, DOD violated the Antideficiency Act for using funds to make the transfer despite a specific prohibition in law.

Section 1035 of the NDAA for FY 2014 requires the Secretary of Defense to notify the appropriate committees of Congress not later than 30 days before the transfer or release of any individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Section 8111 of the FY 2014 DoD Approps prohibits funds from being used to transfer any individual at Guantanamo Bay except in accordance with section 1035 of the FY 2014 NDAA.

Congress was not notified of the transfer until June 2, 2014, three days after the Taliban 5 were transferred, and 33 days after the date notification was required by law.

The Administration has complied with the law in all other detainee transfers from Guantanamo. Senior Administration officials assured Members of Congress that there would be no exchange of Taliban detainees for Sergeant Bergdahl, and any transfer of Taliban detainees would only take place in consultation with Congress pursuant to the law.