Bergdahl Swap for Guantanamo Detainees Violated Law, Says GAO

There are a
lot of ways to think about Bowe
Bergdahl and the U.S. government’s exchange of five detainees
at Guantanamo for his release by the Taliban. The Government
Accountability Office’s (GAO) take on the swap is: illegal. That’s
the decision released today by the GAO in response to an inquiry by
members of the United States Senate. The Department of Defense’s
error came from making the exchange without giving Congress 30 days
notice, and  in using nonexistent funds to carry out the
transfer.

Says the GAO in a summary:

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.

Bergdahl’s name doesn’t actually appear in the document, which
merely notes, “On May 31, 2014, DOD transferred five individuals
from Guantanamo Bay to the nation of Qatar in exchange for the
Taliban’s release of an American soldier.” But the reference is
clear, and many lawmakers, especially in the GOP, were
unhappy over the deal.

There’s no specific remedy—no detainee-back guarantee—to be
found in the GAO decision. Just advice that “DOD should report its
Antideficiency Act violation as required by law.”

H/T: Taylor Millard