Releasing Taliban Detainees: a Misguided Path to Peace
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The Legality of the Bowe Bergdahl Prisoner Swap
COMMENT Leave No Soldier Behind? The Legality of the Bowe Bergdahl Prisoner Swap STEVEN M. MAFFUCCI† INTRODUCTION On May 31, 2014, President Obama announced the recovery of the lone American prisoner of war from the Afghan conflict, U.S. Army Sergeant Bowe Bergdahl.1 This seemingly momentous occasion, however, was quickly shrouded in controversy.2 Most notably, there were assertions from members of Bergdahl’s unit that he had deserted, and that fellow soldiers had needlessly died in the search following Bergdahl’s disappearance.3 There were complaints that the cost associated with recovering Bergdahl, particularly the five Taliban prisoners for whom Bergdahl was exchanged, was too high, and that the Obama † J.D. Candidate, Class of 2016, SUNY Buffalo Law School. Thanks to the dedicated associates and editors of the Buffalo Law Review for their insightful suggestions and support. 1. Eric Schmitt & Charlie Savage, Bowe Bergdahl, American Soldier, Freed by Taliban in Prisoner Trade, N.Y. TIMES (May 31, 2014), http://www.nytimes. com/2014/06/01/us/bowe-bergdahl-american-soldier-is-freed-by-taliban. html?_r=0. 2. Tom Hamburger & Kevin Sieff, Joy About Bergdahl Release Gives Way to Questions, WASH. POST (June 1, 2014), https://www.washingtonpost.com/world/ national-security/hagel-discusses-details-of-us-operation-to-exchange-taliban- detainees-for-captive-soldier/2014/06/01/551c21f8-e95f-11e3-a86b- 362fd5443d19_story.html. 3. Eric Schmitt et al., Bowe Bergdahl’s Vanishing Before Capture Angered His Unit, N.Y. TIMES (June 2, 2014), http://www.nytimes.com/2014/06/03/us/us- soldier-srgt-bowe-bergdahl-of-idaho-pow-vanished-angered-his-unit.html?_r=0. -
Bulletin 181101 (PDF Edition)
RAO BULLETIN 1 November 2018 PDF Edition THIS RETIREE ACTIVITIES OFFICE BULLETIN CONTAINS THE FOLLOWING ARTICLES Pg Article Subject . * DOD * . 05 == Overseas Holiday Mail ---- (2018 Deadlines) 05 == DoD MSEP ---- (VA Joins Military Spouse Employment Partnership) 06 == DoD Budget 2020 ---- (First Cut Under Trump | Limited to $700B) 07 == Iraq War [01] ---- (Unvarnished History to be Published by Xmas) 08 == DoD GPS USE Policy ---- (Deployed Servicemember Apps Restrictied) 08 == INF Russian Treaty ---- (Post-INF landscape) 10 == DoD/VA Seamless Transition [37] ---- (Cerner’s EHR Will Be Standard) 13 == Military Base Access [02] ---- (Proposal to Use for U.S. Fuel Exports to Asia) 14 == Military Base Access [03] ---- (American Bases in Japan) 15 == DoD Fraud, Waste, & Abuse ---- (Reported 16 thru 31 OCT 2018) 17 == Agent Orange Forgotten Victims [01] ---- (U.S. Prepares for Biggest-Ever Cleanup) 18 == POW/MIA Recoveries & Burials ---- (Reported 16 thru 31 OCT 2018 | 21) 1 . * VA * . 21 == VA AED Cabinets ---- (Naloxone Addition to Reverse Opioid Overdoses) 22 == VA Pension Program [02] ---- (Entitlement Regulations Amended) 22 == VA Transplant Program [04] ---- (Vet Denied Lung Transplant | Too Old) 23 == Agent Orange | C-123 Aircraft [16] ---- (Exposure Presumption Now Official) 24 == Right to Die Program ---- (Denied to Vets Residing in California Veteran Homes) 25 == VA Essential Equipment ---- (Availability Delays) 26 == VA Pension Poachers ---- (Crooked Financial Planners Target Elderly Vets) 26 == VA Claims Processing [18] ---- (Significant -
Afghanistan: Background and U.S. Policy
Afghanistan: Background and U.S. Policy July 18, 2019 Congressional Research Service https://crsreports.congress.gov R45818 SUMMARY R45818 Afghanistan: Background and U.S. Policy July 18, 2019 Afghanistan has been a significant U.S. foreign policy concern since 2001, when the United States, in response to the terrorist attacks of September 11, 2001, led a military Clayton Thomas campaign against Al Qaeda and the Taliban government that harbored and supported it. Analyst in Middle Eastern In the intervening 18 years, the United States has suffered approximately 2,400 military Affairs fatalities in Afghanistan, with the cost of military operations reaching nearly $750 billion. Congress has appropriated approximately $133 billion for reconstruction. In that time, an elected Afghan government has replaced the Taliban, and most measures of human development have improved, although Afghanistan’s future prospects remain mixed in light of the country’s ongoing violent conflict and political contention. Topics covered in this report include: Security dynamics. U.S. and Afghan forces, along with international partners, combat a Taliban insurgency that is, by many measures, in a stronger military position now than at any point since 2001. Many observers assess that a full-scale U.S. withdrawal would lead to the collapse of the Afghan government and perhaps even the reestablishment of Taliban control over most of the country. Taliban insurgents operate alongside, and in periodic competition with, an array of other armed groups, including regional affiliates of Al Qaeda (a longtime Taliban ally) and the Islamic State (a Taliban foe and increasing focus of U.S. policy). U.S. -
My Life with the Taliban
MY LIFE WITH THE TALIBAN Courtesy of www.pdfbooksfree.pk ABDUL SALAM ZAEEF My Life with the Taliban Edited by Alex Strick van Linschoten and Felix Kuehn Courtesy of www.pdfbooksfree.pk Columbia University Press Publishers Since 1893 New York Chichester, West Sussex Copyright © Abdul Salam Zaeef 2010 Editors’ introduction and translation Copyright © Alex Strick van Linschoten and Felix Kuehn, 2010 Foreword Copyright © Barnett R. Rubin, 2010 All rights reserved Library of Congress Cataloging-in-Publication Data Za’if, ‘Abd al-Salam, 1967 or 8– My life with the Taliban / Abdul Salam Zaeef. p. cm. Includes bibliographical references and index. ISBN 978-0-231-70148-8 (alk. paper) 1. Za’if, ‘Abd al-Salam, 1967 or 8– 2. Taliban—Biography. 3. Afghan War, 2001—Biography. 4. Prisoners of war—Afghanistan—Biography. 5. Prisoners of war—United States—Biography. 6. Guantánamo Bay Detention Camp—Biography. I. Title. DS371.33.Z34A3 2010 958.104'7—dc22 [B] 2009040865 ∞ Columbia University Press books are printed on permanent and durable acid-free paper. This book is printed on paper with recycled content. Printed in USA c 10 9 8 7 6 5 4 3 2 1 References to Internet Web sites (URLs) were accurate at the time of writing. Neither the author nor Columbia University Press is responsible for URLs that may have expired or changed since the manuscript was prepared. Courtesy of www.pdfbooksfree.pk CONTENTS Kandahar: Portrait of a City ix Editors’ Acknowledgements xxv Editors’ Notes xxvii Character List xxix Foreword by Barnett R. Rubin xxxvii Preface by Abdul Salam Zaeef xli Maps xlviii–xlix 1. -
Unclassified//For Public Release Unclassified//For Public Release
UNCLASSIFIED//FOR PUBLIC RELEASE --SESR-Efll-N0F0RN- Final Dispositions as of January 22, 2010 Guantanamo Review Dispositions Country ISN Name Decision of Origin AF 4 Abdul Haq Wasiq Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 6 Mullah Norullah Noori Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 7 Mullah Mohammed Fazl Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 560 Haji Wali Muhammed Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war, subject to further review by the Principals prior to the detainee's transfer to a detention facility in the United States. AF 579 Khairullah Said Wali Khairkhwa Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 753 Abdul Sahir Referred for prosecution. AF 762 Obaidullah Referred for prosecution. AF 782 Awai Gui Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 832 Mohammad Nabi Omari Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 850 Mohammed Hashim Transfer to a country outside the United States that will implement appropriate security measures. AF 899 Shawali Khan Transfer to • subject to appropriate security measures. -
DMO Exhibit Page 1 Of2
UNCLASSIFIED DepartmentofDefense Officefor the AdministrativeReviewofthe Detentionof Enemy CombatantsatUSNavalBase GuantanamoBay, Cuba 18 July 2005 TO : WASIQ , ABDUL HAQ SUBJECT: UNCLASSIFIEDSUMMARYOF EVIDENCEFORADMINISTRATIVE REVIEWBOARDINTHE CASE OF WASIQ, ABDULHAQ 1. An Administrative Review Board will be convenedto review your case to determine if your continued detention is necessary. 2. The Administrative Review Board will conduct a comprehensive review of all reasonably available and relevant information regarding your case . At the conclusion of this review the Board will make a recommendation to : (1) release you to your home state; ( 2 ) transfer you to your home state , with conditions agreed upon by the United States and your home state ; or ( 3 ) continue your detention under United States control. 3. The following primaryfactors favor continued detention: a. Commitment 1. The detainee served as Deputy Minister of Intelligence inthe Taliban Intelligence Service . 2. The detainee served as acting Minister of Intelligence when Qari Ahmadullah was away from Kabul performing his duties as governor of Tahar province. 3. The detainee was a participant inmilitary operations inKonduz. 4. Detainee used Icom radios and provided information oncommunications security procedures within the Taliban Intelligence Department. b . Connections/Associations 1. The detainee arranged to have an Egyptian al Qaida member, Hamza Zobir teach Taliban intelligence officers about intelligence work . 2. The detaineegave a suspectedAfghani arms smuggler a Codanhighfrequency radio set for safekeeping. The suspected arms smuggler allegedlyhad many weapons caches near Ghazni. 4. Thefollowingprimaryfactorsfavor releaseor transfer: UNCLASSIFIED DMO Exhibit Page 1 of2 000001 UNCLASSIFIED SUBJECT: UNCLASSIFIED SUMMARY OF EVIDENCE FOR ADMINISTRATIVE REVIEWBOARDINTHE CASE OF WASIQ, ABDUL HAQ a . At the time of his capture , the detainee claims he was attempting to assist the U.S. -
19 October 2020 "Generated on Refers to the Date on Which the User Accessed the List and Not the Last Date of Substantive Update to the List
Res. 1988 (2011) List The List established and maintained pursuant to Security Council res. 1988 (2011) Generated on: 19 October 2020 "Generated on refers to the date on which the user accessed the list and not the last date of substantive update to the list. Information on the substantive list updates are provided on the Council / Committee’s website." Composition of the List The list consists of the two sections specified below: A. Individuals B. Entities and other groups Information about de-listing may be found at: https://www.un.org/securitycouncil/ombudsperson (for res. 1267) https://www.un.org/securitycouncil/sanctions/delisting (for other Committees) https://www.un.org/securitycouncil/content/2231/list (for res. 2231) A. Individuals TAi.155 Name: 1: ABDUL AZIZ 2: ABBASIN 3: na 4: na ﻋﺒﺪ اﻟﻌﺰﻳﺰ ﻋﺒﺎﺳﯿﻦ :(Name (original script Title: na Designation: na DOB: 1969 POB: Sheykhan Village, Pirkowti Area, Orgun District, Paktika Province, Afghanistan Good quality a.k.a.: Abdul Aziz Mahsud Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 4 Oct. 2011 (amended on 22 Apr. 2013) Other information: Key commander in the Haqqani Network (TAe.012) under Sirajuddin Jallaloudine Haqqani (TAi.144). Taliban Shadow Governor for Orgun District, Paktika Province as of early 2010. Operated a training camp for non- Afghan fighters in Paktika Province. Has been involved in the transport of weapons to Afghanistan. INTERPOL- UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices- Individuals click here TAi.121 Name: 1: AZIZIRAHMAN 2: ABDUL AHAD 3: na 4: na ﻋﺰﯾﺰ اﻟﺮﺣﻤﺎن ﻋﺒﺪ اﻻﺣﺪ :(Name (original script Title: Mr Designation: Third Secretary, Taliban Embassy, Abu Dhabi, United Arab Emirates DOB: 1972 POB: Shega District, Kandahar Province, Afghanistan Good quality a.k.a.: na Low quality a.k.a.: na Nationality: Afghanistan Passport no: na National identification no: Afghan national identification card (tazkira) number 44323 na Address: na Listed on: 25 Jan. -
CAAF Bergdahl Writ Appeal Petition
IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES ROBERT B. BERGDAHL ) WRIT-APPEAL PETITION FOR Sergeant, U.S. Army, ) REVIEW OF U.S. ARMY COURT OF ) CRIMINAL APPEALS DECISION ON Appellant, ) PETITION FOR WRIT OF MANDAMUS ) v. ) ) PETER Q. BURKE ) Lieutenant Colonel, AG ) U. S. Army, ) in his official capacity as ) Commander, Special Troops ) Battalion, U. S. Army Forces ) Crim. App. Misc. Dkt. No. Command, Fort Bragg, NC, and ) ARMY 20150624 Special Court-Martial ) Convening Authority, ) USCA Misc. Dkt. No. ) and ) ) UNITED STATES, ) ) Appellees. ) TO THE HONORABLE, THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES: Index Table of Authorities .......................................... ii I. Preamble and Request for Recusal ............................ 1 II. History of the Case ........................................ 3 III. Reasons Relief Not Sought Below [Inapplicable] ............ 6 IV. Relief Sought .............................................. 6 V. Issue Presented ............................................. 6 ONCE AN UNCLASSIFIED DOCUMENT HAS BEEN ACCEPTED IN EV- IDENCE IN A PRELIMINARY HEARING THAT IS OPEN TO THE PUBLIC, MAY THE CONVENING AUTHORITY REFUSE TO RELEASE IT OR PERMIT THE ACCUSED TO DO SO? VI. Statement of Facts ......................................... 6 VII. Reasons Why Writ Should Issue ............................. 6 A. Jurisdiction ............................................. 6 B. Error ................................................... 13 C. Prudential Considerations .............................. -
Political Report
A M ONTHLYPolitical P OLL C O mp IL A TION Report Volume 10, Issue 6 • June 2014 Evaluating Vice Presidents Americans have never held the office of vice president in high regard, as the quotes below show. Many people cannot cor- rectly identify vice presidents when they are serving, and this is not a new phenomenon. In 2010, around six in ten Amer- icans were able to come up with Joe Biden’s name in response to a question from the Pew Research Center. As the data on the next pages show, a vice president’s favorability ratings have usually moved in tandem with the president’s ratings in recent years, but the vice president’s ratings are usually lower. The most insignificant office that ever the invention of man contrived or his imagination conceived. —John Adams Not worth a bucket of warm spit. —John Nance Gardner I do not propose to be buried until I am dead. —Daniel Webster of being asked to be Zachary Taylor’s running mate Q: Will you tell me who the Vice President of the United States is? (1952, Gallup) Q: Who is the Vice President of the United States? (1978, National Opinion Research Center) Q: Can you tell me the name of the current Vice President of the United States? (1995, Kaiser/Harvard/Washington Post). Q: Will you tell me who the Vice President of the United States is? (2001, 2002, 2007, 2010 – question wording varied slightly, Pew Research Center) 1952 1978 Alben Barkley 69% Walter Mondale 79% 1995 Al Gore 60% Dick Cheney 2001 67% 2002 61 2007 69 2010 Joe Biden 59% v AEI POLITICAL REPORT CONTRIBUTORS Karlyn Bowman, Senior Fellow; Editors: Jennifer Marsico, Senior Research Norman Ornstein, Resident Scholar; Associate; Heather Sims, Research Assistant. -
The Current Detainee Population of Guantánamo: an Empirical Study
© Reuters/HO Old – Detainees at XRay Camp in Guantanamo. The Current Detainee Population of Guantánamo: An Empirical Study Benjamin Wittes and Zaahira Wyne with Erin Miller, Julia Pilcer, and Georgina Druce December 16, 2008 The Current Detainee Population of Guantánamo: An Empiricial Study Table of Contents Executive Summary 1 Introduction 3 The Public Record about Guantánamo 4 Demographic Overview 6 Government Allegations 9 Detainee Statements 13 Conclusion 22 Note on Sources and Methods 23 About the Authors 28 Endnotes 29 Appendix I: Detainees at Guantánamo 46 Appendix II: Detainees Not at Guantánamo 66 Appendix III: Sample Habeas Records 89 Sample 1 90 Sample 2 93 Sample 3 96 The Current Detainee Population of Guantánamo: An Empiricial Study EXECUTIVE SUMMARY he following report represents an effort both to document and to describe in as much detail as the public record will permit the current detainee population in American T military custody at the Guantánamo Bay Naval Station in Cuba. Since the military brought the first detainees to Guantánamo in January 2002, the Pentagon has consistently refused to comprehensively identify those it holds. While it has, at various times, released information about individuals who have been detained at Guantánamo, it has always maintained ambiguity about the population of the facility at any given moment, declining even to specify precisely the number of detainees held at the base. We have sought to identify the detainee population using a variety of records, mostly from habeas corpus litigation, and we have sorted the current population into subgroups using both the government’s allegations against detainees and detainee statements about their own affiliations and conduct. -
Afghanistan: Post-Taliban Governance, Security, and U.S
Afghanistan: Post-Taliban Governance, Security, and U.S. Policy (name redacted) Specialist in Middle Eastern Affairs January 12, 2017 Congressional Research Service 7-.... www.crs.gov RL30588 Afghanistan: Post-Taliban Governance, Security, and U.S. Policy Summary The United States, partner countries, and the Afghan government are attempting to reverse recent gains made by the resilient Taliban-led insurgency since the December 2014 transition to a smaller international mission consisting primarily of training and advising the Afghanistan National Defense and Security Forces (ANDSF). The Afghan government has come under increasing domestic criticism not only for failing to prevent insurgent gains but also for its internal divisions. In September 2014, the United States brokered a compromise to address a dispute over the 2014 presidential election, but a September 2016 deadline was not met for enacting election reforms and deciding whether the Chief Executive Officer (CEO) position might be elevated to a prime ministership in a restructured government. The progress of the Afghan government in reducing corruption and implementing its budgetary and other commitments was assessed by an international meeting on Afghanistan during October 4-5, in Brussels, as sufficient to merit continued international assistance. And, in late 2016, the government adopted the requisite measures to, at the very least, move forward with new parliamentary elections. The number of U.S. forces in Afghanistan, which peaked at about 100,000 in 2011, is about 9,800, of which most are assigned to the 13,000-person NATO-led “Resolute Support Mission” that trains, assists, and advises the ANDSF. About 2,000 of the U.S. -
Motion to Dismiss ) V
IN A GENERAL COURT-MARTIAL SECOND JUDICIAL CIRCUIT, U.S. ARMY TRIAL JUDICIARY FORT BRAGG, NORTH CAROLINA UNITED STATES ) Motion to Dismiss ) v. ) ) SGT Robert B. Bergdahl ) HHC, Special Troops Battalion ) U.S. Army Forces Command ) Fort Bragg, North Carolina 28310 ) 20 January 2017 TABLE OF CONTENTS Relief Sought ................................................................................................................... 2 Burden of Persuasion and Burden of Proof ..................................................................... 2 Facts ............................................................................................................................... 3 Witnesses and Evidence ................................................................................................. 7 Legal Authority ................................................................................................................ 8 Question Presented......................................................................................................... 9 IS DISMISSAL REQUIRED WHERE A SUCCESSFUL PRESIDENTIAL CANDIDATE HAS, AS A PROMINENT ELEMENT OF HIS CAMPAIGN, REPEATEDLY AND VERY PUBLICLY CALLED A SOLDIER A TRAITOR WHO SHOULD BE EXECUTED AND MADE OTHER FALSE AND HIGHLY PREJUDICIAL STATEMENTS ABOUT THE SOLDIER’S CASE? Argument ......................................................................................................................... 9 I. President Trump’s statements are prejudicial to Sergeant Bergdahl’s right to a fair trial and