WASHINGTON (AP) The Pentagon broke the law when it swapped Army Sgt. Bowe Bergdahl, a prisoner in Afghanistan for five years, for five Taliban leaders, congressional investigators said Thursday.
The nonpartisan Government Accountability Office said the Defense Department failed to notify the relevant congressional committees at least 30 days in advance of the exchange a clear violation of the law and used $988,400 of a wartime account to make the transfer. The GAO also said the Pentagon's use of funds that hadn't been expressly appropriated violated the Antideficiency Act.
"In our view, the meaning of the (law) is clear and unambiguous," the GAO wrote to nine Republican senators, including Minority Leader Mitch McConnell, R-Ky., and various committees. "Section 8111 prohibits the use of 'funds appropriated or otherwise made available' in the Department of Defense Appropriations Act, 2014, to transfer any individual detained at Guantanamo Bay to the custody or control of a foreign entity' except in accordance" with the law.
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Spokesman Rear Adm. John Kirby defended the Pentagon's actions, saying that as Defense Secretary Chuck Hagel stated in his congressional testimony earlier this year, the Defense Department "acted lawfully in the operation to recover Sgt. Bergdahl, a judgment that was supported by the Justice Department."
"The administration had a fleeting opportunity to protect the life of a U.S. service member held captive and in danger for almost five years," Kirby added. "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."
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Sen. Susan Collins, R-Maine, a member of the Intelligence Committee, said it was "completely disingenuous" for the administration to suggest that notifying Congress might have compromised the transfer because dozens of administration officials knew well in advance.
"It's not hard to imagine that the president didn't notify us until after the fact because he knew the proposed transfer would have been met with opposition," Collins said in a statement Thursday. "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."