Judge Andrew Napolitano weighed in this morning on whether the transfer of five hardened Taliban leaders from Guantanamo Bay was done legally.

After a top-secret briefing with senators, Saxby Chambliss (R-GA) told Greta Van Susteren last night that he is convinced that the White House "played this so close to the vest intentionally," adding that it was like "they didn't trust" him and Intelligence Committee Chairwoman Dianne Feinstein (D-CA).


NEW VIDEO: Obama Says 'Absolutely No Apologies' for Bergdahl Swap

Watters Goes to Mexican Consulate to Deliver Petition on Jailed Marine


Chambliss noted that he was made aware of the planned bin Laden raid "months and months" beforehand, but did not get any notice on the exchange for Sgt. Bowe Bergdahl.

Napolitano noted that the president cannot legally spend tax dollars to move detainees from Gitmo without notifying Congress. He also reiterated that the release provides "material support" to a terrorist organization, adding that earlier this week, President Obama admitted that the five could "absolutely" return to the battlefield at some point.

"That means he knew they were going to go back. That means his behavior substantially assisted the Taliban. Guess what? That's a felony that his Justice Department has prosecuted people for," said Napolitano, pointing out that the U.S. government has declared the Taliban to be a terror organization.

The administration is reportedly considering the release of another Gitmo detainee, so Brian Kilmeade asked what President Obama gains with these actions.

"I don't know what the president gains by this. Unless he wants to perpetrate the myth that al Qaeda and the Taliban are no longer dangerous and we all know that that's a myth," said Napolitano, arguing the president continues to pick and choose which laws he wants to enforce.

Kilmeade pointed out there are never any ramifications for the president acting without Congress, like he has done in changing some portions of ObamaCare.

"You're going to start hearing the I-word, impeachment. You're going to start hearing it and as soon as you start hearing it from Democrats, he's gonna have sleepless nights," said Napolitano, noting that Democrats still have concerns over the lack of notification about the prisoner swap.

Watch Napolitano's analysis above and Sen. Chambliss on On the Record below. Plus, don't miss the exclusive Kelly File interview with six members of Bergdahl's platoon, tonight at 9p/12a ET.

Read the judge's new column on FoxNews.com.


The latest on the Bergdahl exchange from Fox News:

Hunter Blasts White House for 'Swift Boat' Comparisons

MUST-SEE: Megyn Faces Off With Obama Defender Over Gitmo Releases

O'Reilly: 'Obama Admin Is at the Tipping Point'

New Photos Show 'Softer Side' of Bergdahl