The GAO says the White House didn't notify Congress before its swap for Bowe Bergdahl. GAO: Bergdahl swap violated law

The Pentagon broke the law by transferring five Taliban commanders from the U.S. prison at Guantánamo Bay, Cuba, without notifying Congress 30 days in advance, the Government Accountability Office has found.

In a decision released today, the GAO said the Pentagon spent $988,400 to transfer the detainees, violating both the 2014 Defense Appropriations Act’s prohibition on transferring detainees out of Guantánamo without alerting Congress and the Antideficiency Act’s ban on unauthorized government spending.


The GAO decision backs the criticism of Republicans, who have hammered the Obama administration for failing to notify Congress before it made the exchange for U.S. Sgt. Bowe Bergdahl. The GAO review was requested by Republicans on the Senate Appropriations Committee.

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Though Democrats have also raised questions about the notification issues, they have typically sided with the White House on the transfer. The Obama administration has questioned the constitutionality of the provision requiring 30 days’ notice for transferring detainees, saying “in certain circumstances” that it would violate the separation of powers.

In a statement Thursday, Pentagon press secretary Rear Adm. John Kirby defended the swap as “conducted lawfully” and undertaken after consulting with 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 said. “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.”