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Oversight Report: Obama Admin Violated Law by Freeing Taliban Members
Washington Free Beacon ^ | 8/21/2014

Posted on 08/21/2014 1:10:12 PM PDT by markomalley

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.


TOPICS: Constitution/Conservatism; Extended News; Government
KEYWORDS:
And Obama has another round of golf...
1 posted on 08/21/2014 1:10:12 PM PDT by markomalley
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To: markomalley

Who was it said that we don’t negotiate?


2 posted on 08/21/2014 1:12:55 PM PDT by fulltlt
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To: markomalley
Yeah but at least he didn't try to get a drunk DA to resign. That sh*t gets you indicted.


3 posted on 08/21/2014 1:13:16 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: markomalley

I am sure that we can get the Rick Perry Grand jury to indict the president and the pentagon.


4 posted on 08/21/2014 1:14:02 PM PDT by Revel
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To: markomalley
Obutthole broke the law again?

Yeah, well? What ya gonna do about it?

5 posted on 08/21/2014 1:14:09 PM PDT by doorgunner69
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To: markomalley

It doesn’t matter. He’ll never be charged with it... or anything else.

He’s PERFECT and UNTOUCHABLE.

Like the man said after all that Rev. Wright flap: ‘If he survives THIS, Obama can do what ever he wants.’ And he has.

Thank you US electorate and numbskull voters.


6 posted on 08/21/2014 1:15:23 PM PDT by SMARTY ("When you blame others, you give up your power to change." Robert Anthony)
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To: doorgunner69

Exactly, that is the Kenyans whole attitude. He knows the Republican elitists won’t do squat so he does whatever the hell he wants.


7 posted on 08/21/2014 1:16:01 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: markomalley

Why was there not an exchange for the journalist who was just decapitated?


8 posted on 08/21/2014 1:17:42 PM PDT by Swede Girl
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To: markomalley

“... so, sue me.” B. Hussien 0bama.


9 posted on 08/21/2014 1:20:07 PM PDT by forgotten man
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To: markomalley

Where is our attorney general. C’mon man, charge the criminal. Who? Eric Holder? Oh, never mind.


10 posted on 08/21/2014 1:23:46 PM PDT by Straight8
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To: markomalley

It is a wondrous thing WHEN YOU OWN the (Eric Holder) U.S. Attorney General.. (top cop)..

OH!..... and the IRS, FBI, CIA, NSA, Joint Chiefs of Staff, Harry Reid, John Boehner, Mitch McConnell and the Supremes..

AND... NBC, CBS, ABC, FOX and CNN..


11 posted on 08/21/2014 1:24:38 PM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole..)
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To: hosepipe

AND..... All of the Unions...


12 posted on 08/21/2014 1:26:46 PM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole..)
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To: markomalley

Do we get a do over?


13 posted on 08/21/2014 1:33:28 PM PDT by Dr. Ursus
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To: markomalley

So?


14 posted on 08/21/2014 1:34:51 PM PDT by Old Yeller (Obama: The turd that won't flush.)
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To: markomalley

In other news, the Pope has been determined to be Catholic...


15 posted on 08/21/2014 1:43:20 PM PDT by afsnco
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To: markomalley

And where is the accountability if laws were broken?


16 posted on 08/21/2014 1:50:24 PM PDT by 1Old Pro
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To: markomalley

Nothing I post on this thread will make a damn bit of difference, just like this GAO report.

Just read the tag.


17 posted on 08/21/2014 2:06:41 PM PDT by upchuck (It's a shame nobama truly doesn't care about any of this. Our country, our future, he doesn't care.)
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To: markomalley

And congress twiddles its thumbs...They need to impeach the impeachers...


18 posted on 08/21/2014 2:13:20 PM PDT by Iscool
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To: markomalley

Indictment being handed down against 0 in ....

Seriously. This is one situation apart from all the others. The decision to make that swap could ONLY come from the president. He broke the law personally. In most other cases, he can say he had the discretion to do something or that it was a decision made by someone else. This is clearly not a discretionary call and it could only be made by him. What am I missing except there’s no Attorney General in office right now. Holder doesn’t count.


19 posted on 08/21/2014 3:03:41 PM PDT by JewishRighter
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To: markomalley
Oversight Report: Obama Admin Violated Law by Freeing Taliban Members.

Ok, what's their point?

20 posted on 08/21/2014 7:27:53 PM PDT by Know et al (Keep on Freepin'!!!)
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