Bergdahl Swap Violated Law, GAO Says - Congress's Investigative Arm Responds to Letter From Republican Lawmakers (To me it was fairly clear; why didn't he just follow the law on notice. He would have gotten the same result.)

From The Wall Street Journal:

WASHINGTON—The Obama administration violated the law when it failed to give Congress adequate notice about the transfer of five detainees from Guantanamo Bay as part of a swap for Sgt. Bowe Bergdahl, the investigative arm of Congress said Thursday.

Sgt. Bergdahl was released after nearly five years of captivity in Afghanistan as part of a May 31 exchange for five Taliban detainees held at a U.S. military base in Guantanamo Bay, Cuba.

"The Department of Defense 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," the Government Accountability Office said in response to a letter from Republican lawmakers, including Kentucky Sen. Mitch McConnell, the minority leader, and Alabama Sen. Richard Shelby.

That provision prohibits the Defense Department from using government funds to transfer individuals from Guantanamo unless it notifies Congress at least 30 days in advance.

The department also violated another law that prohibits federal employees from spending money not authorized by Congress. "DOD should report its Antideficiency Act violation as required by law," the GAO said.

At the time of the swap, President Barack Obama defended the move, saying the U.S. has a "sacred rule" not to leave men and women in uniform behind.

"We saw an opportunity," Mr. Obama said on June 3. "We were concerned about Sgt. Bergdahl's health. We had the cooperation of the Qataris to execute an exchange, and we seized that opportunity."

But lawmakers from both sides of the aisle questioned the decision, saying the administration disregarded the 30-day notice provision of the law.

The Defense Department notified Congress of the transfer in writing on May 31.

According to the GAO letter, the department said its actions complied with the law and, in any event, the relevant portion of the law is unconstitutional as applied to the Bergdahl transfer.

Providing notice "would have interfered with the executive's performance of two related functions that the Constitution assigns to the president: protecting the lives of Americans abroad and protecting U.S. service members," the department said in reply to a GAO inquiry.

The watchdog didn't weigh in on the constitutionality of the law but noted that it had been signed by the president.

Neither the White House nor the Defense Department immediately responded to a request for comment.