Sen. Rand Paul (R-Ky.) was on “Hannity” tonight to discuss the controversial Bergdahl swap.

“I don’t see any justification for it,” he said of the release of five Gitmo detainees. Paul noted that the law says Congress must be notified 30 days before doing that.

Paul said that one in three prisoners released in the past have gone back to committing violence.

Hagel: No Assessment Made on How Many American Lives at Risk If Taliban Have to Be Recaptured

“The president seems to think the war is over,” the Kentucky senator said, stressing that the Taliban hasn’t decided to lay down its arms.

Paul said he would do military tribunals, convict the detainees and sentence them.

“It is a problem that we never sentenced them, so the president feels like, “Well I’ll just empty the prison,’” Paul said.

I Don't Like the Implication': Hagel Confronted on Why Bergdahl Has Not Returned to U.S.

Watch the full interview above.