The top Republican on the Senate Intelligence Committee wants a special counsel to investigate President Barack Obama's swap of five Taliban members for the release of Army Sgt. Bowe Bergdahl.
An aide to Sen. Saxby Chambliss told CQ Roll Call in an email Thursday that the Georgia Republican wants the Department of Justice to appoint a special counsel to investigate the prisoner swap, which the Government Accountability Office contended earlier Thursday violated federal law. The GAO opinion said the administration violated the notice requirement for transfers out of the prison facility at Guantanamo Bay, Cuba, and the Antideficiency Act, which is the federal law barring spending without appropriated funds. The Defense Department has contended that the notice requirement is unconstitutional.
The aide's email came after Chambliss sent out a statement Thursday pointing to the GAO opinion , which came at the request of Republicans.
“This legal decision further validates the argument I have been making with many of my colleagues against the administration’s release of the Taliban Five," Chambliss said. "By failing to notify Congress 30 days in advance as required by the FY2014 National Defense Authorization Act, the president completely disregarded laws duly passed by Congress and signed by his own hand.
"In addition to simply violating the notification requirement, the administration has violated the Antideficiency Act by obligating funds that were not legally available. While the president has a habit of ignoring laws relating to domestic policy, such as healthcare and immigration, this latest overreach regarding our national security has dangerous implications. The United States has a long-standing policy of not negotiating with terrorists for good reason, and these senior Taliban leaders will soon rejoin the fight, as they have stated publicly multiple times."
Chambliss' release notes federal employees who violate the Antideficiency Act can face administrative and criminal sanctions.
The Justice Department did not respond to a request for comment Thursday on the possibility of a grand jury in either Washington, D.C., or Alexandria, Va., pursuing the matter.