The White House agreed that actions were taken in spite of legal
requirements and cited "unique and exigent circumstances" as
justification.
Sgt. Bowe Bergdahl, 28, of Hailey, Idaho, was handed over to U.S.
special operations forces by the Taliban. In return, five Afghans who
were held at a U.S. detention facility in Cuba were released to the
custody of the government of Qatar, which served as a go-between in
negotiations for the trade.
Rep. Howard "Buck" McKeon of California and Sen. James Inhofe of
Oklahoma said in a statement that Obama is required by law to notify
Congress 30 days before any terrorists are transferred from the U.S.
facility. They said Obama also is required to explain how the threat
posed by such terrorists has been substantially mitigated.
McKeon is chairman of the House Armed Services Committee. Inhofe is the top Republican on the Senate Armed Services Committee.
In response, the White House said it moved as quickly as possible
given the opportunity that arose to secure Bergdahl's release. Citing
"these unique and exigent circumstances," the White House said a
decision was made to go ahead with the transfer despite the legal
requirement of 30 days advance notice to Congress.
While saying they celebrate Bergdahl's release, McKeon and Inhofe
warned that the exchange "may have consequences for the rest of our
forces and all Americans."
"Our terrorist adversaries now have a strong incentive to capture
Americans. That incentive will put our forces in Afghanistan and around
the world at even greater risk," they said.
Senate Majority Leader Harry Reid, a Nevada Democrat, said in a
statement that "the safe return of Sgt. Bowe Bergdahl is an answer to
the prayers of the Bergdahl family and a powerful reinforcement of our
nation's commitment to leave no service member behind."
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