Judicial Watch • WH Rules: Violation in Terrorist Swap Punishable By Jail, Suspension, Removal of Office

WH Rules: Violation in Terrorist Swap Punishable By Jail, Suspension, Removal of Office

WH Rules: Violation in Terrorist Swap Punishable By Jail, Suspension, Removal of Office

AUGUST 22, 2014

The law violated by the Obama administration when it secretly exchanged five Guantanamo terrorists for an Army solider captured by the Taliban after deserting his post is punishable by jail, suspension and removal of office, according to written White House rules.

The nonpartisan investigative arm of Congress, the Government Accountability Office (GAO), confirmed this week that the president broke a “clear and unambiguous” law when he swapped the high-level terrorists for Bowe Bergdahl, an Army sergeant who went AWOL in Afghanistan in 2009. According to rules issued by the White House Office of Management and Budget (OMB) the violation is serious and can carry severe consequences. They include fines, imprisonment, administrative discipline, suspension from duty without pay or removal from office, the rules specifically state.

The five Gitmo captives that were turned over to the Taliban held positions of great importance with the renowned terrorist group, including Chief of Staff of the Taliban Army and the Taliban Deputy Minister of Intelligence. They have American blood on their hands, according to a U.S. Senator who refers to the freed jihadists as the “Taliban Dream Team.” It’s atrocious enough that our commander-in-chief would even consider freeing these terrorists under any circumstances, even if no established law impeded him from doing it.

But Congress must be notified before acts of this magnitude are committed and the president completely disregarded the legislative branch. In fact the Department of Defense (DOD) failed to notify Congress at least 30 days in advance of the exchange, a flagrant violation of the law, and misused nearly $1 million of a wartime account to make the transfer, the GAO report says. The DOD used appropriated funds to carry out the transfer when no money was available for that purpose, congressional investigators found. This means the DOD violated a measure known as the Antideficiency Act, which prohibits federal agencies from incurring obligations exceeding an amount available in appropriation.

In a nutshell, Obama and his appointees flipped the finger at Congress, the American public and the rule of law. We’ve seen this many times during this president’s two terms and will likely see it over and over again before he moves out of the White House. In this case, the commander-in-chief ardently defends his decision to blow off Congress by asserting that Bergdahl’s ailing health and safety required fast action. The administration claims that providing Congress with notice “would have interfered with the Executive’s performance of two related functions that the Constitution assigns to the President: protecting the lives of Americans abroad and protecting U.S. service members.”

No one ever really bought that absurd argument and GAO investigators didn’t swallow it either, stating in the report 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. As a consequence of using its appropriations in a manner specifically prohibited by law, DOD violated the Antideficiency Act. See 31 U.S.C. § 1341(a). DOD should report its Antideficiency Act violation as required by law.”

In this case it would all be political theater because the OMB, which serves and reports directly to the president, is responsible for handling violations of the Antideficiency Act. Whenever a federal agency or employee violates the Antideficiency Act it must be reported to the OMB. This can occur via a letter to the director of the OMB, Obama’s close pal Shaun Donovan, or the president himself. This is not a joke. It’s all spelled out in the rules linked above. With that said, it’s highly unlikely that there will be any consequences for this particular violation, egregious as it was.

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  • Jaybird7

    Sorry, Impeachment was successful but the Senate did not remove him from office

  • Kevin

    vvv What Perplexed said below, As always, nothing will happen and no one will go to prison. The next Prez. will just pardon everyone and the lawlessness will continue.

  • Perplexed

    Laws only mean something when they are enforced.

  • Nuseka

    He should be set before a firing squad.. Helping the enemy is evil.

  • Oreshans

    Maybe after he is out of office, he wont have anyone left to try to protect him and make him responsible for his illegal actions and will spend some time in prison.

  • Jack Perry

    Said the person that is willing to use violence to kill the unborn.

  • Jack Perry

    A criminal will continue to commit criminal acts until the laws are enforced. Then the criminals will blame others for not having stopped the criminals sooner and allowing the criminals to break “so many laws” and so forth…. having stated this… arrest the criminals, inform them of their rights, prosecute them to the fullest extent of the laws and put their worthless asses in Federal prison where they can rot.

  • MadMoto

    He’s a 25+ year veteran of the DOJ (Obama/Exec branch appointees and loyalists). He is NOT on our side on this one.

  • USARetired

    When do the Trials commence? This would be a most blessed day in American history!

  • toobored54

    my bad. accidental. sry

  • Infidel

    Crimes against the Citizens of the Republic of the United States.

    Death to Tyranny, Long Live the Republic!

  • ShamanBlair

    Keep double-posting,”guest,” & I’ll block YOU, TOO!

  • ShamanBlair

    You’re blocked from MY screen ’til you get your RECORD UNSTUCK! DERP! (click! Jerk!)

  • snowshooze

    So….. what is our Constitution worth???

  • singledad

    Violence solves everything.

  • diditweetthat

    I don’t know, the last time the GOP impeached a Democratic President (UNSUCCESSFULLY), we ended up with a Black President.

    Throw the dice, losers

  • diditweetthat

    Sorry, he’s on a coffee break, but I’ll give him the message as soon as he get’s back.

  • diditweetthat

    it’s always a rape joke with you folks… creepy

  • diditweetthat

    Of the 4000 + laws he’s broken (allegedly) since he’s taken office, the HOUSE is just waiting for the RIGHT one to impeach him on.


  • diditweetthat

    Because, nothing is actually real?

    Of the 4000 + laws he’s broken (allegedly) since he’s taken office, the HOUSE is just waiting for the RIGHT one to impeach him on.


  • diditweetthat

    5 of the worst? What were the rest in for, unpaid parking tickets? If only we had tortured them more, maybe we could have gotten them to admit to In Person Voter Fraud… the OTHER WORSTEST PROBLEM facing America.


  • diditweetthat

    is violence ALWAYS the answer with you animals?

  • diditweetthat

    Hey,let’s do a kickstarter and we can just replace the money before anyone notices.

  • Paul C. Shugrue

    I fear impeachment would be a bad idea while Reid and Co. are in the majority. Let us hope the GOP wins back the Senate in November and that nothing compels our nefarious, perfidious COC to declare martial law before then.

  • man_wolf

    But have no fear.
    Chuck & Barry are here.

  • man_wolf

    And round & round in circles chasing our tails we keep going.
    All while this done nothing, former pissant Illinois senator destroys our country as part of his “fundamental transformation”.

  • toobored54

    And nobody’s going to do a damn thing about it. I don’t even know why this krap gets published when nobody’s going to enforce the law.

  • Guest

    And nobody’s ging to do a damn thing about it. I don’t even know why this krap gets published when nobody’s going to enforce the law.

  • Pat Warden

    Obama violating the law? Nothing new here!

  • anestat


  • Firstallie

    And if He and his minions go to jail, do they still get their retirement benefits of $400 per yr?

  • Anti ObamaHolder

    Another load of crap passed down from the White House and the military and misfits in congress and we as tax payers are just suppose to sit back and say ok no problem, well I say bull shit. If we would have done something as serious we would be sent to prison so why is this idiot treated any different, is he holding something on you cowards on Capital Hill that is keeping you from doing what we elected you for and do we need to replace you in the coming elections to make sure that he don’t get away with anything else because rest assured we sure as hell will. ENOUGH IS ENOUGH.

  • VisitorOnly

    “So now what????? “Anyone”????? What about you?! “in the big leagues”? That is not the only recourse! The question NOW needs to be “what am I going to do about it?” The grassroots voters, i.e. YOU and ME are responsible for electing officials who will do something about overreach and government expansion. NOW! So WE ALL need to get busy making phone calls for your local conservative campaigns, show up at conservatives’ party meetings and headquarters, donate money to candidates, write letters to your officials and the newspapers, join an action group, and get your family and friends out to the polls during the November election! Do something every week until November and thereafter – I am! Are you?

  • Dean Conaway

    So why is the piece of shit still living in our White House?

  • http://doreestone1776.wordpress.com/ Doree Stone

    Even after this fool is out of office, these offenses can still be investigated and prosecuted. Don’t think there aren’t people already working on gathering the evidence and getting all their ducks in a row. The wheels of justice grind slowly, but they grind exceedingly fine. Let’s give them time to get all the evidence they can to put him away for a very long time.

  • http://doreestone1776.wordpress.com/ Doree Stone

    Oh really? Bergdahl’s health required immediate action? That was why this trade was for 5 of the worst we had in custody? That was why it was done secretly without Congress’ approval? That was why a deserter got fast and inappropriate response from the president while Tahmooressi is sitting in a jail cell in Mexico for months on end with no response at all from this same president? I am dreading the executive orders this madman will sign to release people at the end of his term in office.

  • EdTyler

    Take the Senate………….no more Obama! Then get rid of the rest of the progressives.

  • relligionkills

    Cool so now what ????????????????????????????
    “frogs chirping in the background with the crickets”
    I hear so much crap about this fool and his admin has done. why doesn’t anyone do anything about this in the big leagues???

  • donttreadonme9

    throw them all in jail.

  • fredderf


  • Ken Easterling

    Obama has done so many unlawful acts and no one has stood up to him. Now we have a GAO report highlighting that he has once again broken the law by swapping those 5 high level terrorists for the deserter Bowe Bergdahl. He must be arrested for his crimes.

  • kaboby

    Put him in the pokey.

  • Bill Berger

    “I” DEMAND the Sergeant of Arms ARREST this Traitor !!!!!

  • Miller51550

    Jim: You must not mention HANGING of OBAMA that is considered here in LORAIN Ohio. Just had a Black Parent COMPLAINGING about pictures of HANGING… because it OFFENDED her HONORS ENGLISH DAUGHTER.

    Now the concept of A FIRING SQUAD is perfect appropriate and LEGAL. Issue being I would prefer.. 5 years at LEAVENWORTH..Hard Labor then a Firing Squad. That is the ONLY acceptable solution FOR anyone that commits HIGH TREASON

  • dog

    It’s like he wants to be impeached and removed from office….. At least that’s what his actions say

  • Jana Gage

    Remove Obama from the office and throw him in the jail!

  • francesca9

    something needs to be done about it, i don’t care who is buddies with obama. this is more than an impeachable offense that i see. we need to call for accountability and follow the law and remove him from office. where is congress on this. impeach him immediatey. what good are laws if he constantly violates them and what does that make him? we have a traitor in the office of president and he need to be removed. yell, scream, march!

  • Jana Gage

    That, plus all the other scandals combine together = impeachment.

  • Laurie McDaniel-Snyder

    Hence you call yourself Head in the Sand. I still have hope something will be done about it.

  • jbombznabombz

    don’t be so sure NOTHING will be done about it

  • http://www.noagendashow.com Head In The Sand

    You can call it illegal all you want. NOTHING will be done about it. “Accept the things you can not change, bitch!” – BHO

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