Seems to me that O just doesn't care anymore. Not that he has really been beholden to the Constitution in the first place. Now, O'care is failing, the VA shows just how messed up things will get, the economy is likely back in recession, we've printed ourselves into the poor house, and O has nothing left to run for - except Council General of the UN (look for the US to send tons of money there way over the next couple of years).

He wants to close Gitmo and one way to do it is to let all the prisoners go. He doesn't give a rip about Bergdahl, but he does care about ridding us of all those captured bad guys. He cannot just turn them over, nobody would accept that. But if he can arrange for some more of these "prisoner" swaps, then he can do the next best thing.