Questions swirl around the deal that set soldier free

In exchange for Sgt. Bowe Bergdahl, five Gitmo prisoners were freed. Their release is just one concern that has surfaced

June 3, 2014 11:02AM ET

by Inside Story Team @AJInsideStoryAM

Ray Suarez on the prisoner exchange

According to a report prepared by the Army, Bowe Bergdahl left his post in Afghanistan and became a prisoner of the Taliban for five years.

Some of his Army comrades have publicly complained that he is a deserter, not a returning hero. Republicans complain that President Barack Obama negotiated with terrorists.

Like everything in today's Washington, the seemingly straightforward is complicated. The return of a captive American comes with controversy.

Obama forcefully answered critics questioning how he secured Bergdahl’s release. At a news conference during his visit to Poland on Tuesday, the president said, “This is what happens at the end of wars. That was true for George Washington. That was true for Abraham Lincoln. That was true for FDR. That’s been true of every combat situation — that at some point, you make sure that you try to get your folks back. And that’s the right thing to do.”

Bergdahl was the only U.S. prisoner of war from the Afghanistan conflict and was held by the Taliban for nearly five years. In exchange, five senior Taliban officials imprisoned at Guantánamo Bay were released. The government of Qatar helped broker the deal.

SAUL LOEB/AFP/Getty Images

Obama on Bergdahl’s release

The United States has always had a pretty sacred rule, and that is we don’t leave our men or women in uniform behind.

Obama added, “We saw an opportunity. We were concerned about Sgt. Bergdahl’s health. We had the cooperation of the Qataris to execute an exchange, and we seized that opportunity. And the process was truncated because we wanted to make sure that we did not miss that window.”

Some members of Congress have complained that they were not consulted and the Guantánamo detainees were released without their consent. By law, Congress must get at least 30 days’ notice before any detainees are released. When asked about the White House assertion that Congress was alerted to the deal, Saxby Chambliss, R-Ga., vice chairman of the Senate Intelligence Committee, said he wasn’t notified.

The fact of the matter is that a very dangerous precedent has been set here by this administration. It is a precedent negotiating with terrorists, number one, and it is a precedent of being very callous with the way in which we release prisoners from Guantánamo Bay.

Sen. Saxby Chambliss

vice chairman, Senate Intelligence Committee

The president defended his decision to give Congress a late heads-up because it was the only way to guarantee Bergdahl’s safe release. Obama said, “Regardless of the circumstances, whatever those circumstances may turn out to be, we still get an American soldier back if he’s held in captivity. Period.”

The five freed Taliban leaders are now in the Qatar’s capital, Doha, and may not leave the country for one year. Their roles in the Taliban ranged from minister of intelligence to senior military commander. They were labeled dangerous by the Pentagon and were not recommended for release. Chambliss said, “These five individuals are not low-level, run-of-the-mill fighter-type terrorists. These are the guys that raise the money that made the plans to develop the IEDs and in some cases are accused of inciting riots that wound up killing not hundreds but maybe even thousands of people, including Americans.”

They all played major roles in the Taliban before 9/11. The following are brief descriptions of the five men, according to the U.S. government.

Mohammad Fazl: A high-value prisoner, according to Defense Department documents, he was the Taliban’s deputy minister of defense during Operation Enduring Freedom. He was one of the first Guantánamo prisoners. A DOD document revealed by WikiLeaks reads, “If released, detainee would likely rejoin the Taliban and establish ties with ACM [anti-coalition militia] participating in hostilities against U.S. and coalition forces in Afghanistan.” WikiLeaks/ Department of Defense

Mullah Norullah Noori: The governor of two Afghan provinces during hostilities in 2001, he is believed to be an associate of the Taliban’s supreme leader, Mullah Mohammad Omar. A senior military commander who led forces in the northern city of Mazar-e-Sharif, Noori was considered a high-risk detainee at Guantánamo Bay. WikiLeaks/ Department of Defense

Abdul Haq Wasiq: The Taliban deputy minister of intelligence, according to DOD documents published by WikiLeaks, he “was central to the Taliban’s efforts to form alliances with other Islamic fundamentalist groups to fight alongside the Taliban against U.S. and coalition forces.” He trained Taliban intelligence staff and helped smuggle out captured Taliban personnel. The DOD evaluation indicates Wasiq “provided information on Taliban operational intelligence activities.” WikiLeaks/ Department of Defense

Mohammed Nabi: A senior Taliban official, he had strong ties with other anti-coalition militia groups, including al-Qaeda and the Haqqani network. In the 1980s he was among the mujahedeen fighting Soviet troops in Afghanistan. In the 1990s after the Taliban gained control of his hometown of Khowst, according to a DOD document obtained by WikiLeaks, he was forced to join the Taliban “to avoid being labeled as the opposition.” In 2002 he acted as an informant. WikiLeaks/ Department of Defense

Khairullah Khairkhwa: The Taliban’s interior minister, a governor of Herat and a military commander, he was directly associated with Osama bin Laden and even attended meetings on bin Laden’s behalf. According to DOD documents published by WikiLeaks, he was believed to be one of the major opium lords in Afghanistan. Friends with Afghan President Hamid Karzai, Khairkhwa contacted Karzai’s half-brother Wali Karzai in 2002 to negotiate his surrender and a position with the new government. WikiLeaks/ Department of Defense

Bergdahl is now recovering at a military hospital in Germany and is reported to be in good condition. His parents have not had a chance to see him yet and are looking forward to seeing him after five and a half years as a Taliban prisoner. But questions remain surrounding his capture. Since his release, members of his unit have said he went AWOL. Joshua Cornelison, who served with Bergdahl in the 1st Battalion, 1st Parachute Infantry Regiment, 4th Brigade Combat Team, said, “He deserted not only the Army, but he also left myself and my platoon and my company to clean up his mess.”

Before his capture in mid-2009, Bergdahl started teaching himself Pashto and expressing disgust with the war in emails with his parents. In one such message, published a year later in Rolling Stone, Bergdahl wrote:

I am sorry for everything here. These people need help, yet what they get is the most conceited country in the world telling them that they are nothing and that they are stupid, that they have no idea how to live.

It is unclear when Bergdahl will return to the U.S.. Regardless of the circumstances of his capture, when he does, his hometown of Hailey, Idaho, will be waiting to welcome him back.

Does the prisoner exchange endanger our troops’ security by returning potential adversaries to the battlefield?

Does it encourage enemies to capture and ransom other U.S. service members?

Does Obama’s willingness to waive the 30-day congressional notification provision mean the beginning of the end of the prison at Guantánamo Bay?

What role did Qatar play? Why was it an effective mediator?

We consulted a panel of experts for the Inside Story.