Do Taliban Detainees Need to Be Released at End of Afghanistan Conflict?

The legal definition of the end of armed conflict in Afghanistan could determine whether detainees like those released in the Bergdahl swap can remain in custody.

The "Camp Six" detention facility of the Joint Detention Group at the US Naval Station in Guantanamo Bay, Cuba.
National Journal
Kaveh Waddell
Add to Briefcase
Kaveh Waddell
June 11, 2014, 10:05 a.m.

In the wake of President Obama’s announcement that the U.S. will pull out the majority of its combat troops from Afghanistan by the end of 2014, questions have arisen in Congress about the status of Taliban detainees taken during the 13-year armed conflict.

“We’re currently in armed conflict with the Taliban and al-Qaida,” said Stephen Preston, general counsel to the Department of Defense, speaking in front of the House Armed Services Committee on Tuesday. “At some point, the armed conflict with the Taliban ends.” At that point, Preston said, the U.S. will no longer have a basis in international law to hold belligerents.

But most agree that the armed conflict with Taliban will not end when U.S. forces pull out of Afghanistan. The battle with the Taliban is generally bundled into the larger fight against al-Qaida, and so the Obama administration could use the Authorization for Use of Military Force (AUMF) to hold detainees like those it released in exchange for Sgt. Bowe Bergdahl long past the end of troop presence in Afghanistan.

Some in Congress are trying to limit the AUMF, which the Bush and Obama administrations have used to justify indefinite detention at Guantanamo Bay and military action against forces “associated with” al-Qaida worldwide. A measure introduced by Rep. Adam Schiff, D-Calif., would allow the AUMF to expire in 2015.

But in Wednesday’s hearing, Rep. Adam Smith, D-Wash., reaffirmed that the U.S. would not be compelled to release Taliban detainees “as long as we’re fighting al-Qaida and as long as we’re fighting their associated forces.”

Preston was called to testify alongside Defense Secretary Chuck Hagel to answer questions about the prisoner swap that traded Bergdahl for five high-level Taliban detainees from Guantanamo Bay.

What We're Following See More »
POTENTIAL CONTEMPT CHARGE
Nadler: Goodlatte Could Subpoena Rosenstein
3 days ago
THE LATEST

"The top Democrat on the House Judiciary Committee says Chairman Bob Goodlatte, R-Va., is poised to subpoena the Justice Department for former FBI Director James Comey’s memos, which the agency so far has failed to produce. Rep. Jerrold Nadler, D-N.Y., warned such a move puts Deputy Attorney General Rod Rosenstein in jeopardy of being placed in contempt of Congress and the special counsel investigation of being shut down prematurely."

Source:
NO NEW FUNDING INCLUDED
House Ag Committee Passes Farm Bill
3 days ago
THE DETAILS
"On a party-line vote, the House Agriculture Committee approved a five-year farm bill on Wednesday that tweaks the supports now in place—a promise of certainty, leaders said, during a period of low commodity prices and threats of a trade war with agriculture on the front line." The bill includes no new funding over the last farm bill.
Source:
WOULD ASSURE ANYONE PARDONED BY TRUMP CAN BE PROSECUTED BY STATE
Schneiderman Urges NY Lawmakers to Close “Double Jeopardy Loophole”
3 days ago
THE LATEST
INTRO’d LAST NIGHT
Ryan Tamps Down AUMF Talk
4 days ago
THE LATEST

Referring to the AUMF introduced by Sens. Tim Kaine and Bob Corker Monday evening, House Speaker Paul Ryan said Tuesday "he won’t allow any bill to come to the House floor that he thinks would restrict military commanders’ ability to fight." Ryan "defended the legality of U.S. military strikes last week against chemical weapons-related sites in Syria, saying President Trump had the authority to order them under the Constitution’s Article II commander-in-chief powers."

PROSECUTORS WILL GET FIRST LOOK
Judge Denies Requests by Cohen, Trump
5 days ago
THE LATEST

Attorneys for both President Trump and his attorney Michael Cohen lost a court challenge today, as they sought to suppress evidence gathered in a raid of Cohen's office and hotel room. "U.S. District Court Judge Kimba Wood denied the requests and ruled that prosecutors will get first access to the information, followed by Cohen’s defense team ten days later. Wood noted that she has not yet decided whether she will appoint a special master in the case at all."

Source:
×
×

Welcome to National Journal!

You are currently accessing National Journal from IP access. Please login to access this feature. If you have any questions, please contact your Dedicated Advisor.

Login