Sen. Grassley: Closing Gitmo Like Bergdahl Swap

Any attempt to move Guantanamo Bay detainees onto American soil would be "reminiscent" of the controversial swap of Taliban terrorists for Sgt. Bowe Bergdahl — and further prove President Barack Obama's "naiveté" and "lawlessness," Iowa GOP Sen. Chuck Grassley charges.

In a blistering statement Thursday, the chairman of the Senate Judiciary Committee notes detainees who remain at Guantanamo "include the worst of the worst," including "Khalid Sheikh Mohammed, the mastermind of the 9/11 attacks."

Grassley says he's particularly concerned about "reports [that] have suggested that President Obama may try to go around Congress if he can’t secure a change in the law that would permit these terrorists to be brought to the United States."

"If so, the president’s effort to close the Guantanamo Bay facility will combine two of the worst aspects of his presidency — his naiveté in dealing with our enemies and his lawlessness when dealing with Congress," Grassley charges.

"This is reminiscent of when he swapped five senior Taliban commanders from Guantanamo for Sgt. Bowe Bergdahl without notifying Congress in advance, which the non-partisan Government Accountability Office later determined was unlawful."

Grassley notes he's "been asking to see the flawed advice that the Department of Justice provided in connection with the Bergdahl swap for over a year now, and after receiving another inadequate response," he said he's "renewed and expanded his request for information."

The 2014 swap sparked anger among lawmakers because the White House did not notify Congress 30 days in advance of its plan to release the Taliban prisoners —  a requirement of that year's defense appropriations act, The Hill notes. 

"The public interest in understanding the facts on which the Department based its legal advice is just as important as the advice itself, given the shifting nature of the administration's justifications for failing to notify Congress," Grassley said in a Tuesday letter to Attorney Gen. Loretta Lynch.

Bergdahl was held by the Taliban for nearly five years. Since his return to the United States, the Army has charged him with desertion. 

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• Sen. Kelly Ayotte: Obama Will Break the Law If He Transfers Gitmo Prisoners