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11/02/2024 05:35:08 pm

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GAO Findings Implicate Pentagon on Breaching Antideficiency Act on Guantanamo Prisoners Exchange

Pentagon

(Photo : U.S. Department of Defense handout photo dated February 6,2002 shows an aerial view of the reconstruction at the Pentagon following the September 11, 2001 attack on the building in Arlington, Virginia. )

Results from an investigation conducted by The Government Accountability Office (GAO) involve the Defense Department (DoD) in a violation of a U.S. law following the release of five Taliban members in exchange of a captured American soldier.

Some Republican lawmakers have summoned the attention of GAO to look further into the matter after Pentagon failed to carry out a required 30-day notice.  The transfer of the said Taliban prisoners from Guantanamo to Qatar was made operational using an appropriation from the Congress.

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According to an announcement in GAO website, DoD violated the Antideficiency Act that limits any government agency to spend on any activity without the allotted budget to it.  Senator Saxby Chambliss, vice chairman of the Senate Select Committee on Intelligence, added that President Barack Obama has deliberately disregarded the legislative law by allowing the transfer to take place amounting to almost $1 million.

In contrast, Pentagon defended that the operation was lawfully executed with permission from the Justice Department.  Rear Admiral John Kirby explained that foregoing the controversial 30-day notice was necessary to ensure the safety of Army Sergeant Bowe Bergdahl, who was held captive for five years in Afghanistan.

The Pentagon also insisted that their failure to comply with the notice does not automatically qualify their act as unlawful especially that Defense Secretary Chuck Hagel authorized the exchange.  The decision was based on a provision in Antideficieny Act with exception of "cases of emergency involving the safety of human life or the protection of property."

As of writing, Bergdahl has returned to military duties after several weeks of treatment.  His attorney said that the officer is hoping he can revert to his civilian life.  Meanwhile, Army Major General Kenneth Dahl is currently investigating details of Bergdahl's disappearance to determine if he has compromised any military laws.

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