Tl TEXAS WALTER NORTH J. FCIHBES, JEFF MILLER. FLORIDA JOE WILSON, FULJTI I CAROLINA FRANK A NEW HOB MICI IAEL R. TLIFINFH. Oi no JOHN Kl MIKE ALABANIA FITANKS BILL -L MIEHAEI TEXAS noun ROBERT HI IN IER. CALIFUHNIA JIJHN A-1.D., LOLIISIA-NA MIKE COFFNIAN. E. SCCITI NEW YORK VICKY MISSICILIFII JOSEPH M-W AUSTIN SCOTT. GEORGIA STEVEN M. MO BROOKS. ALABAMA FIICHARD 8. Fl CJFIIDA I. IH PAUL CALIFORNIA JIM BRAD R. oRio INDIANA COMMITTEE ON ARMED SERVICES 33.9. itgnuse of EM: 20515-6035 ONE HUNDRED THIFITEENTH CONGRESS February 25, 2013 The Honorable Barack Obama President of the United States 1600 Avenue Washington, D.C. 20500 Dear Mr. President: AEPAIVI FL-IEMBFI-I LOREI IA NORTH ROBERTA. RVIEIERTE MFW A Fl. RHDDE FUCK LAHSEFN Z. BOREIALLD, JOE COURTNEY. LDEBSACK. IOWA JOHN H. C. GEORGIA HANABLISA HAWAII SPFIER, IFORNIA ANDRE CAFISDL. INDIANA DANIEL DEREK DUCKWORTI I. ILLINOIS SCOTT PETERS. W|l_l ENYART. ll D. NIARC A VEASEY, TEXAS FIDHFPIT SIMMONS. ll, SIAFF I am writing regarding the ultimate disposition of detainees currently in U.S. custody in Afghanistan. I previously sent two letters to Secretary Panetta outlining my concerns regarding this issue. In my most recent letter in September, I requested a complete suspense of detainee transfers to the Government of Afghanistan given conditions at the time. My understanding of recent developments is that transfers of detainees to Afghan custody are continuing. I am extremely troubled by this development given Afghanistan's unwillingness to recognize the legality of law of war detention necessary during an armed conflict. I am particularly concerned about the disposition of detainees who continue to represent an enduring and serious threat both to our U.S. forces on the ground in Afghanistan as well as to U.S. national security. For some of these detainees, there is also clear evidence that they are directly responsible for the deaths of Americans. We must not neglect justice as we exit Afghanistan. It is clear that if we do, these detainees will not likely remain in Afghan custody for long, if at all. As you know, I joined with many other Members of Congress in expressing concern regarding the Administration's handling of Ali Mussa Daqduq, a senior Hezbollah leader responsible for the deaths of several U.S. soldiers in Iraq. The Administration turned Daqduq over to the Iraqis despite having little confidence that he would remain in custody. As expected, he was recently released. Despite this tragic error, it seems we are poised to repeat history. I urge you to ensure that this is not the case. We must take responsibility for those detainees who pose a risk to our troops and to U.S. national security, and we must pursue justice in cases where we are able. I am The Honorable Barack Obama February 25, 2013 Page 2 open to working with you to find an acceptable disposition for these detainees. There is only one option I consider completely unacceptable: failing to maintain custody of detainees who will continue to threaten our national security. Howard P. "Buck" McKeon Chairman . Committee on Armed Services