June 11, 2014
Hagel Defends Taliban Prisoner Swap
U.S. Defense Secretary Chuck Hagel said exceptional circumstances did not allow time to provide advance notice to Congress about the release of captured Army Sergeant Bowe Bergdahl.
Hagel told the House Armed Services Committee on Wednesday the decision to free five Taliban detainees from the U.S. prison at Guantanamo Bay, Cuba, in exchange for Bergdahl was a tough call.
He faced tough questions from lawmakers about the Obama administration's decision to not inform Congress ahead of time or give them details of the exchange, which has drawn criticism from lawmakers in both parties.
Representative Howard "Buck" McKeon, the Republican chairman of the committee, criticized the Obama administration of failing to consult with lawmakers over the exchange and said the move violated laws governing the transfer of Guantanamo detainees.
Hagel agreed that the administration may have fallen short on keeping lawmakers fully informed of the deal, but he stressed concerns that if details of the plan were leaked, it may have unraveled. He added that they viewed this option as a last chance to win Bergdahl's release.
McKeon called the exchange "deeply disturbing," saying "this transfer sets a dangerous precedent in negotiating with terrorists."
However, Hagel argued that Bergdahl was a prisoner of war, not a hostage, and winning his release conforms to long-standing U.S. policy to recover military personnel held captive.
"There are legitimate questions about this prisoner exchange," Hagel said. But "I would never agree to any decision that wasn't in the best interest of this country, nor would the president of the United States.
"In the decision to rescue Sergeant Bergdahl, we complied with the law, and we did what we believed was in the best interests of our country, our military, and Sergeant Bergdahl," Hagel said.
Last month, the Taliban agreed to free Bergdahl, a U.S. soldier held captive in Afghanistan for five years. In exchange, the U.S. agreed to free five high-level Taliban prisoners from the U.S. military prison at Guantanamo Bay, Cuba.
Obama administration officials have been defending a decision to move forward on the exchange without providing Congress the required 30-day notice before Guantanamo inmates are released.
Hagel described, in general terms, the details of the prisoner exchange and the administration's rationale for keeping the deal quiet.
Hagel called the attempt to free Bergdahl an extraordinary situation that had to consider numerous moving parts, including concerns about Bergdahl's health and safety, last-minute arrangements over where and when the hand-off would occur, and fears that the Taliban might not hold up their end of the deal.
In April, he said, the Taliban signaled an interest in indirect talks for an exchange. The U.S. then began intensified discussions with Qatar, which was acting as an intermediary.
On May 12, Hagel said, the U.S. and Qatar reached an agreement that detailed the specific security measures, including travel restrictions and monitoring, that would be undertaken and enforced by Qatar, should they take custody of any Taliban prisoners.
More specific security measures were to be discussed in a closed portion of the hearing.
Shortly after this agreement was signed, Hagel said U.S. officials received a warning from intermediaries that led them to think there was a growing risk concerning Bergdahl's safety.
After several days of intense negotiations, a prisoner exchange deal was signed on May 27, the same day that Obama received a commitment from Qatar to uphold the security arrangements of the exchange.
Fears of leaks
As the exchange date neared, "we were told by the Qataris that any leak would end the negotiations" for Bergdahl's release, Hagel said.
Given that Bergdahl would be vulnerable while being moved and U.S. forces conducting the hand-off would be exposed in territory that was not under U.S. control, "for all these reasons and more, the exchange needed to take place quickly, efficiently and quietly," Hagel said, in defending the administration's decision.
"We maintain the exchange was our last attempt" to free Bergdahl, he said.
"After the exchange was set in motion, only 96 hours passed" before Bergdahl was in hand," Hagel said.
The general location of the hand-off was not known until 24 hours before the rescue; the exact location was known only an hour before, Hagel said.
It wasn't known until Bergdahl was handed over to U.S. Special Operations Forces that the Taliban would hold up their end of the deal, he added.
Republican House speaker John Boehner this week accused the administration of making Americans "less safe" by releasing five high-level Taliban prisoners in exchange for Bergdahl's freedom.
Boehner said he has no doubt lives will be lost because of the prisoner transfer.
In his testimony, Hagel said there is always some risk associated with the transfer of detainees from Guantanamo.
But in the case of these five Taliban, Hagel said the threat they posed to the United States, American citizens and U.S. interests was substantially mitigated.
"They have not been implicated in any attacks against the United States, and we had no basis to prosecute them in a federal court or military commission. It was appropriate to consider them for an exchange," he said.
"And if any of these detainees ever try to rejoin the fight, they would be doing so at their own peril," Hagel added.
Hagel said "the exchange was done legally" and the Justice Department told the administration the president had the constitutional authority to approve the deal.
Under terms of the deal, the five were released last month to the custody of Qatar for at least one year. Hagel said Qatar has committed to adequate security measures that led him to decide the risks of the transfer were substantially mitigated.
Republican House speaker John Boehner has accused the administration of making Americans "less safe" by releasing the five prisoners.
At the start of the hearing, chairman McKeon said the committee would not discuss the circumstances surrounding Bergdahl's disappearance from his military unit in Afghanistan.
There are questions about whether he left on his own before he was captured. The U.S. Army has said it will investigate.
Bergdahl is being treated at a U.S. military hospital in Germany. Pentagon spokesman John Kirby said Tuesday that the soldier has continued to improve and is engaging with hospital staff more and more each day.
However, Kirby said, Bergdahl's reassimilation will be a "long process" and he will need time to heal mentally and physically.