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Obama Administration broke law by freeing jihadis for Bergdahl

Aug 21, 2014 3:29 pm By Robert Spencer

Bergdahl with Haqqani2No kidding, really? But it doesn’t matter. Nothing will result from this. John Boehner may have a good cry, but that will be it.

“Oversight Report: Obama Admin Violated Law by Freeing Taliban Members,” by Adam Kredo, Washington Free Beacon, August 21, 2014:

The Obama administration violated federal law when it released five senior Taliban leaders from prison without notifying Congress, as is legally mandated, according to an investigation by the Government Accountability Office (GAO).

The GAO concluded in a report issued Thursday that the Obama administration failed to provide proper notification of the Taliban release and illegally used taxpayer funds that were not appropriated to enable the inmate transfer, according to the report.

The Obama administration in May secretly struck a deal with the Taliban in Afghanistan to free from the Guantanamo Bay prison camp in Cuba five of its top leaders in exchange for the return of captured U.S. soldier Bowe Bergdahl, who was later accused by fellow soldiers of having deserted the Army prior to his capture.

The Pentagon was found to have “violated” the 2014 Department of Defense Appropriations Act “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,” according to the report.

The Defense Department also was legally prohibited from using congressionally appropriated funds to pay for the transfer of detainees from Gitmo without first getting approval from Congress, which the Obama administration failed to do, according to the report.

“As a consequence of using its appropriations in a manner specifically prohibited by law, DOD also violated the Antideficiency Act,” which prevents unauthorized government expenditures, the GAO found.

GAO concludes that “when DOD failed to notify specified congressional committees at least 30 days in advance of its transfer of Guantanamo Bay detainees to Qatar, DOD used appropriated funds in violation of section 8111” of the law.

The oversight agency further concluded that the Pentagon and Obama administration clearly failed to “notify the relevant congressional committees at least 30 days in advance of the transfer,” the report states. “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 Pentagon was found to have used $988,400 from the Army’s operation and maintenance to fund the mission.

While the Pentagon defended its actions when asked for an explanation by the GAO, the investigation ultimately found that the “DOD has dismissed the significance of the express language enacted in” the law prohibiting it from using congressionally appropriated funds to execute the Taliban transfer.

The Pentagon legally should have notified Congress of its actions before funding and carrying out the transfer, according to the report.

“To read section 8111 [of the relevant law] otherwise would render the notification requirement meaningless,” the GAO wrote.

The GAO further concludes that the Pentagon violated the Antideficienty Act by inappropriately funding the transfer of the five Taliban leaders from Gitmo.

DOD “obligated funds that were not legally available for obligation because DOD did not satisfy the notification requirements,” the GAO wrote.

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Filed Under: Barack Obama, Taliban, Useful idiots Tagged With: featured


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Comments

  1. thomas_h says

    Aug 21, 2014 at 3:40 pm

    As it seems to me the true objective was to free the five Taliban leaders from Gitmo.
    Bringing Bergdahl to the US was a camouflage to give it an appearance of a swap.

    • el-cid says

      Aug 22, 2014 at 9:02 am

      Yes, Obama wants to release the terrorists because “the war on terror is over”. Or, maybe because they are his brothers in arms.

      And, Obama’s “spinsters” believed that freeing Bergdahl would play well back in Peoria. This, I think, seriously backfired.

      • thomas_h says

        Aug 22, 2014 at 9:59 am

        We should remember that Obama in his silly imperial arrogance pledged to empty Gitmo some time ago, but the idiot was unable to foresee the difficulties such harebrained project would encounter. So from day to day he ceased to mention it. No problem.
        Well, this modern days Caligula also promised to sink the ocean water level by a foot, or two, but will probably have to settle for punishing the ocean for disobedience by whipping it with chains as his Roman predecessor did.

        • David says

          Aug 22, 2014 at 10:51 am

          The sea-whipper was Xerxes, a Persian, but the point is well stated. Our Xerxes will need about 7billion dollars to have special, biodegradable, solar-powered chains made, though. Regular chains won’t do.

        • thomas_h says

          Aug 22, 2014 at 11:23 am

          David,
          Caligula for sure – after declaring war on Neptune.
          As for Xerxes, I take your word for it.
          cheers,

  2. Linwood Kemp says

    Aug 21, 2014 at 3:55 pm

    What good is a law that you can’t enforce or prosecute?

    • nacazo says

      Aug 21, 2014 at 8:48 pm

      exactly. this is a badly written law. they should put in a fine if you break it of say 10,000,000 dollars.

  3. vlparker says

    Aug 21, 2014 at 4:30 pm

    Laws? What laws? Obama is the law and Congress has meekly submitted. The Constitution is as worthless as toilet paper.

    • Bro. Nick says

      Aug 21, 2014 at 5:06 pm

      1) “The truth” of “the law”, “the word of the LORD” remain eternally true:
      “The wicked walk on every side, when the vilest men are exalted.”
      (Psalm 12:8 – KJV)

      2) The “law” in ‘Amerika’ has been supplanted and replaced by Pres. Obama and his ‘Executive Orders’.

      3) There is no ‘Separation of powers under the United States Constitution, Article 1’ – that has been replaced by the ‘me, myself, and I’ acts of Pres. Obama .

      4) ‘The Declaration of Independence’ – AND – ‘The Constitution of the United States of America’ are only old pieces of paper that are shown to museum visitors.

  4. Saycheese says

    Aug 21, 2014 at 4:30 pm

    Apparently the US federal government is willing to negotiate with the Taliban but not with IS. Can they define the difference between the two?

    • Davegreybeard says

      Aug 21, 2014 at 5:53 pm

      Sure.

      The difference is that IS had the propaganda inspiration to publically behead a very well known American, while stating that the reason was America’s foreign policy.

      This forced Obama to do SOMETHIG.

      The Taliban have yet to achieve anything like this and are thus way behind in the world wide publicity department. But give em a little time; I’m sure they’ll get there soon.

      I would not be surprised to see a plethora of beheaded Americans if Obama fails to take really forceful action.

      But Obama is in a very tough spot here. Cause it’s difficult to deal appropriately with Jihadi barbarians from the golf course.

      • Bro. Nick says

        Aug 21, 2014 at 6:10 pm

        What about a ‘Catch 22’

        1) If Pres Obama DOES NOTHING – IS/ISIS/ISIL will proclaim the Mohammaden victory over ‘Amerika’, that they call ‘thethe big Satan’
        – all the while blatantly continuing their blatant Satanically inspired inhumane, viscous actions against men, women, boys and girls.

        2) If Pres Obama DOES REALLY RETALIATE – IS/ISIS/ISIL will blame ‘Amerika’
        – all the while blatantly continuing their blatant Satanically inspired inhumane, viscous actions against men, women, boys and girls.

        Exactly as Hamas is doing RIGHT NOW against ISRAEL – who the Mohammadens call ‘the little Satan’

    • Angemon says

      Aug 21, 2014 at 6:34 pm

      Saycheese posted:

      “Apparently the US federal government is willing to negotiate with the Taliban but not with IS. Can they define the difference between the two?”

      The US pays jizya to the Afghani government and some of it very likely ends up in the taliban’s wallet.

  5. Ralph says

    Aug 21, 2014 at 5:04 pm

    Just one Muslim doing for another Muslim… That is all there is about this ‘trade’.

  6. David, Thailand says

    Aug 21, 2014 at 7:37 pm

    The Feds couldn’t get Al Capone on any of his more serious racketeering and murder offences, but they finally put him away on token tax violations.

    Would be nice if they managed to do the same with the America-hating, white-hating, Jew-hating Muslim Socialist in the White House.

    Don’t hold your breath.

  7. Have Mercy says

    Aug 21, 2014 at 8:12 pm

    This was my immediate theory when I saw his face and pondered his behavior, but goggling showed that there is something to it . Here it goes: apparently, Bo tired of not being bent over by the other GIs in his squad and he heard that virile Afghanis would more than happy to do so; repeatedly, before and after each of the five prayers. I suspect little Bo learned Islamic dogma while he was biting a pillow while a big Afghani was taking his turn. Between that guy and Pvt Manning, it sure was a good policy back in the day to keep effeminate fruitcakes off the uniform.

  8. Fast Phil says

    Aug 22, 2014 at 6:49 am

    Sitting down here in Australia, and observing the decline and fall of the USA, I am deeply sad and just cannot understand why Obama has not been impeached and removed from office

  9. BC says

    Aug 22, 2014 at 9:08 am

    Strange how the media have become very quiet about Bergdahl.

  10. Prinz Eugen says

    Aug 22, 2014 at 10:50 am

    Mullah Barak may break any and all laws — and the silent and servile GOP will applaud.

    Has Hanoi Hero Kerry testified? What about Hillary? Who did hire Craig Livingstone? Lois Lerner, is Wimp Boehner still “thinking” about her? So
    freeing moslem terrorists for the return of another seems perfectly logical for our unholy mullah! He is in cahoots with them — why else would be continually protect all barbarity islamic?

    Looks like the GOP will stay away from WH for a long time, the spineless bastards! Whatever happened to that border fence?

  11. Screeminmeeme says

    Aug 22, 2014 at 11:02 am

    I firmly believe that Obama made many promises to Muslim leaders in 2009 when he made his grand apologetic/pro-Islam tour, and he kept many of those promises, like aiding and abetting the enemy by funding them and providing arms, and releasing some Gitmo prisoners.

    Bergdahl’s capture was a serendipitous event in that it provided a way for the prez to justify the release of 5 dream team Taliban leaders in exchange for an American ”POW”’. The Bergdahl transfer was the cover for Obama’s treasonous act and he celebrated it….in our faces…… in the Rose Garden.

  12. tpellow says

    Aug 22, 2014 at 11:44 am

    Supplementary.

    “Government Accountability Office says Obama broke the law by freeing Taliban terrorists from Guantanamo”

    http://www.barenakedislam.com/2014/08/22/government-accountability-office-says-obama-broke-the-law-by-freeing-taliban-terrorists-from-guantanamo/

  13. porkeater says

    Aug 22, 2014 at 11:54 pm

    Is anybody keeping track of all the laws this traitor has broken???

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