The PJ Tatler

GAO: Obama Broke the Law in Bergdahl Swap

The Government Accountability Office has handed down its verdict over whether the swap of terrorists for Bowe Bergdahl was legal. The question centers on whether the administration was in the right, legally, when it failed to give Congress 30 days notice that terrorists held at Guantanamo Bay would be released.

It wasn’t.

The Department of Defense (DOD) violated section 8111 of the Department of Defense Appropriations Act, 2014 when it transferred five individuals detained at Guantanamo Bay, Cuba, to the nation of Qatar without providing at least 30 days notice to certain congressional committees. Section 8111 prohibits DOD from using appropriated funds to transfer any individuals detained at Guantanamo Bay unless the Secretary of Defense notifies certain congressional committees at least 30 days before the transfer. As a consequence of using its appropriations in a manner specifically prohibited by law, DOD also violated the Antideficiency Act.

Open and shut. Where’s the indictment?