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Obama Administration’s Bergdahl Prisoner Swap Reportedly Illegal

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A nonpartisan government watchdog agency claims Obama administration officials broke a federal law in the exchange of five Taliban leaders for US Army Sergeant Bowe Bergdahl earlier this year, The Washington Times reports.

MOSCOW, August 22 (RIA Novosti) - A nonpartisan government watchdog agency claims Obama administration officials broke a federal law in the exchange of five Taliban leaders for US Army Sergeant Bowe Bergdahl earlier this year, The Washington Times reports.

“The administration had a fleeting opportunity to protect the life of a US service member held captive and in danger for almost five years. Under these exceptional circumstances, the administration determined that it was necessary and appropriate to forgo 30 days’ notice of the transfer in order to obtain Sgt. Bergdahl’s safe return,” Rear Admiral John Kirby, a Pentagon spokesman was quoted as saying by The Washington Times.

The US Government Accountability Office (GAO) released a report on Thursday stating that officials neglected to give Congress notice 30 days prior to the exchange and illegally used $988,400 to fund the operation.

“The president’s decision is part of a disturbing pattern where he unilaterally decides that he does not have to comply with provisions of laws with which he disagrees,” said Republican Senator Susan M. Collins, one of nine senators that requested the GAO analysis, according to The Washington Times.

The official report states that the Department of Defense (DOD) claimed to have given written notice to relevant congressional committees on May 31st, 2014, but congressional officials state they received notification on June 2.

Kirby stated President Obama’s attorneys approved the exchange under Article 2 of the US Constitution, which qualifies the swap as a lawful exercise of Obama’s presidential powers.

The exchange under investigation released five senior Taliban members imprisoned at Guantanamo Bay for Bergdahl, who had been missing since 2009, Fox News reported. The five Taliban members were no longer considered a threat to the US, according to the Defense Department.

The GAO report stated the DOD is required by law to report its Antideficiency Act violations.

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