The non-partisan GAO issued a report today concluding that president Obama broke the law when he swapped five terrorist leaders for Sgt. Bowe Bergdahl. Here, in typical bureaucratic language is how the GAO put it:
As explained below, we conclude that DOD violated section 8111 because it did not notify the relevant congressional committees at least 30 days in advance of the transfer. In addition, because DOD used appropriated funds to carry out the transfer when no money was available for that purpose, DOD violated the Antideficiency Act. The Antideficiency Act prohibits federal agencies from incurring obligations exceeding an amount available in an appropriation. 31 U.S.C. § 1341(a).
If one translates to English, one finds that the GAO is saying Obama violated the law by moving inmates at Guantanamo without first providing the required 30 day notice to Congress. Further, Obama violated the law by spending money for the cost of the swap without any funds having been appropriated by Congress for that purpose.
As these things go, the GAO report is a stinging rebuke of Obama. Most likely, it will be met by yawns from the White House. The entire White House staff knew at the time that the swap was a violation of the law, but it got done anyway. Under Obama, federal law is treated as just a suggestion unless it does exactly what they want. It is moves like this one, however, that have led to the lawsuit being filed by the House against Obama.
As explained below, we conclude that DOD violated section 8111 because it did not notify the relevant congressional committees at least 30 days in advance of the transfer. In addition, because DOD used appropriated funds to carry out the transfer when no money was available for that purpose, DOD violated the Antideficiency Act. The Antideficiency Act prohibits federal agencies from incurring obligations exceeding an amount available in an appropriation. 31 U.S.C. § 1341(a).
If one translates to English, one finds that the GAO is saying Obama violated the law by moving inmates at Guantanamo without first providing the required 30 day notice to Congress. Further, Obama violated the law by spending money for the cost of the swap without any funds having been appropriated by Congress for that purpose.
As these things go, the GAO report is a stinging rebuke of Obama. Most likely, it will be met by yawns from the White House. The entire White House staff knew at the time that the swap was a violation of the law, but it got done anyway. Under Obama, federal law is treated as just a suggestion unless it does exactly what they want. It is moves like this one, however, that have led to the lawsuit being filed by the House against Obama.
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