Pentagon Defends Bowe Bergdahl/Guantánamo Prisoner Swap as Government Accountability Office Delivers Critical Opinion

In a move that has no legal weight, but which will embolden supporters of the “war on terror” prison at Guantánamo Bay, the Government Accountability Office, the non-partisan investigative arm of Congress, which is “charged with examining matters relating to the receipt and payment of public funds,” has concluded that the Department of Defense broke the law when, in May, five Taliban prisoners in Guantánamo were released in Qatar in a prisoner swap for Sgt. Bowe Bergdahl, the only US prisoner of war in Afghanistan.

The GAO concluded that the DoD acted in violation of section 8111 of the Department of Defense Appropriations Act, 2014, which “prohibits DOD from using appropriated funds to transfer any individuals detained at Guantánamo Bay unless the Secretary of Defense notifies certain congressional committees at least 30 days before the transfer.”

When the prisoner swap was announced, a tsunami of manufactured outrage poured forth from Republicans and right-wing pundits, even though both defense secretary Chuck Hagel and President Obama provided robust explanations about why they had bypassed Congress. As I explained at the time, Hagel said that the decision to go ahead with the swap — which, it should be noted, had been mooted for at least two years — came about after intelligence suggested Bergdahl’s “safety and health were both in jeopardy, and in particular his health was deteriorating.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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