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August 21, 2014

Government Accounting Office: Oh, By the Way, Obama Violated the Law in Sending Those Five Terrorists to Qatar

They don't say Obama, they say the DOD, as if the DOD acted on its own authority.

Department of Defense--Compliance with Statutory Notification Requirement

The Department of Defense (DOD) violated section 8111 of the Department of Defense Appropriations Act, 2014 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. Section 8111 prohibits DOD from using appropriated funds to transfer any individuals detained at Guantanamo Bay unless the Secretary of Defense notifies certain congressional committees at least 30 days before the transfer. As a consequence of using its appropriations in a manner specifically prohibited by law, DOD also violated the Antideficiency Act.

Here's their letter acknowledging the violation of law.

The Administration offered two defenses: First, that the restriction on using money for a purpose for which it was not appropriated only applied to "unlawful" actions.

This is a bizarre claim. They're just making things up. The law does not prohibit the president from using money to transfer prisoners from Guantanamo, sans permission, only for "unlawful" transfers. It prohibits him from using money without proper permission or appropriation for any purpose.

The second defense is that this law is unconstitutional as applied to King Putt.


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