Obama administration officials frequently used Bergdahl’s health to explain why they had decided to ignore the requirement in the National Defense Authorization Act to give Congress 30 days’ notice before transferring detainees from Guantánamo. Hagel acknowledged that the administration hadn’t given so much as a heads-up to key members of Congress until the transfers were already taking place, despite regular assurances—in public and in private—that Congress would be consulted. The withering criticism was bipartisan.
‘Our views were clearly translated,’ said Senator Dianne Feinstein, the Democrat from California who chairs the Senate Select Committee on Intelligence, at a press availability on June 3. ‘So it comes with some surprise and dismay that the transfers went ahead with no consultation, totally not following the law.’
Well done. Bravo.