CNN legal eagle Jeffrey Toobin said Monday that President Obama "clearly broke the law" in his efforts to free American POW Bowe Bergdahl.
Controversy has flared in the days since Bergdahl's release, with Congress saying it was not given the requisite 30 days notice it should have been given before Obama freed five prisoners from Guantanamo Bay in order to swap them for Bergdahl.
"I think he clearly broke the law," Toobin said on "The Situation Room." "The law says 30-days' notice. Give 30 days' notice. Now, it is true that he issued a signing statement, but signing statements are not law. Signing statements are the president's opinion about what the law should mean. Now, it may be that the law is unconstitutional, a violation of his power as commander in chief, but no court has held that. The law is on the books, and he didn't follow it."
On Tuesday, Obama said the White House had warned Congress for "some time" that it might have to exchange prisoners for Bergdahl. The National Security Council released a statement saying that the administration "determined" that the 30-day provision did not apply to Bergdahl's case.