Was the swap of five Gitmo detainees for Sgt. Bowe Bergdahl legal?

Shepard Smith brought in Judge Andrew Napolitano, who said it’s not.

Napolitano explained that a statute prohibits use of taxpayer dollars or federal funds to pay for removal of anyone from Gitmo if Congress hasn’t been given 30 days notice. In other words, President Barack Obama unlawfully spent money.

By releasing these detainees “into the theater of war,” Napolitano said Obama has also provided material assistance to a terrorist organization, which is illegal.

“You’re accusing the president of the United States of aiding and abetting the enemy?” Smith asked.

“Yes, yes it’s pretty clear [...] no exception for the president’s behavior,” Napolitano said.


The latest on the Bergdahl exchange from Fox News:

New Photos Show 'Softer Side' of Bergdahl Before Military Service

O'Reilly Blasts Obama Admin: 'Morons' for Saying He Served With Honor

Peters: Obama Admin's Handling of Bergdahl Is 'Benghazi 2.0'

Bergdahl Platoon Mate: He Deserted His Post 'Willfully and Purposefully'