Sunday, June 1, 2014

Bowe Bergdahl, American Soldier, Freed by Taliban in Prisoner Trade - New York Times

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Sgt. Bowe Bergdahl in a video released in 2010. Sergeant Bergdahl was freed on Saturday in a prisoner swap with the Taliban. Credit IntelCenter, via Associated Press


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WASHINGTON — The lone American prisoner of war from the Afghan conflict, captured by insurgents nearly five years ago, has been released to American forces in exchange for five Taliban detainees held at Guantánamo Bay, Cuba, Obama administration officials said Saturday.


The soldier, Sgt. Bowe Bergdahl, 28, was handed over to American Special Operations troops inside Afghanistan near the Pakistan border about 10:30 a.m. Saturday in a tense but uneventful exchange with 18 Taliban officials, American officials said. Moments later, Sergeant Bergdahl was whisked away by the helicopter-borne commandos, American officials said. He was described in good physical condition.


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The five Taliban detainees at Guantánamo, including two senior militant commanders said to be linked to operations that killed American and allied troops as well as implicated in murdering thousands of Shiites in Afghanistan, were flown from Cuba in the custody of officials from Qatar, who will accompany them back to that Persian Gulf state. They will be subject to security restrictions there, including a one-year travel ban.


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Jani and Robert Bergdahl, Sgt. Bowe Bergdahl’s parents, with President Obama at the White House on Saturday. Credit Carolyn Kaster/Associated Press

Senior administration officials cautioned that the discussions over the prisoner swap, which were secretly restarted last fall after collapsing several months earlier, did not necessarily presage the resumption of the broader, on-again-off-again peace talks to end the 13-year war.


“This is the only issue we’ve discussed with the Taliban in recent months,” said one senior Obama administration official involved in the talks. “We do hope that having succeeded in this narrow but important step, it will create the possibility of expanding the dialogue to other issues. But we don’t have any promises to that effect.”


But word of renewed, secret negotiations with the Taliban brought immediate criticism from some lawmakers, including Representative Mike Rogers of Michigan, the Republican chairman of the House Intelligence Committee. “I have little confidence in the security assurances regarding the movement and activities of the now-released Taliban leaders, and I have even less confidence in this administration’s willingness to ensure they are enforced,” he said. “I believe this decision will threaten the lives of American soldiers for years to come.”


A Western official in Kabul said the Afghan government was not told ahead of time that the Taliban were going to hand over Sergeant Bergdahl or that the release of prisoners from Guantánamo Bay was proceeding, though the Afghans were broadly aware that the talks had been rekindled. American officials feared leaks could scuttle the deal.


President Obama personally called the soldier’s parents on Saturday, shortly after Sergeant Bergdahl was transferred to the American military; the Bergdahl family was in Washington after a visit here for Memorial Day, officials said.


Later on Saturday in the White House Rose Garden, Mr. Obama, flanked by Robert and Jani Bergdahl, the sergeant’s parents, said, “Right now, our top priority is making sure that Bowe gets the care and support that he needs, and that he can be reunited with his family as soon as possible.”



The Bergdahls, who have waged a tireless campaign for their son’s release, have sometimes criticized the Obama administration for lack of action. But at the impromptu Rose Garden appearance and in a statement released earlier in the day, they praised the American and Qatari governments for their help. “We cannot wait to wrap our arms around our only son,” they said in the statement. “Today, we are ecstatic!”


Family and friends in the Bergdahl family’s hometown, Hailey, Idaho, said they were planning a celebration on Sunday. A Pentagon official said Saturday evening that Sergeant Bergdahl was en route to Landstuhl Regional Medical Center in Germany. He would then be transferred to Brooke Army Medical Center in San Antonio when doctors felt he was fit to travel.


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Play Video|1:53

Bergdahl in Taliban Video (2009)



Bergdahl in Taliban Video (2009)


Sgt. Bowe Bergdahl recounted his capture and desire to rejoin to his girlfriend and family in the United States in a video released by the Taliban a month after he was taken prisoner.



Credit By Reuters on Publish Date May 31, 2014


Credit Uncredited/US Army, via Associated Press



Negotiations and internal deliberations over the potential for a swap have waxed and waned for years, but they intensified in the past several weeks as an agreement appeared within reach, according to an official familiar with the matter.


Among other complications, there was a potential legal obstacle: Congress has imposed statutory restrictions on the transfer of detainees from Guantánamo Bay. The statutes say the secretary of defense must determine that a transfer is in the interest of national security, that steps have been taken to substantially mitigate a future threat by a released detainee, and that the secretary notify Congress 30 days before any transfer of his determination.


In this case, the secretary, Chuck Hagel, acknowledged in a statement that he did not notify Congress ahead of time. When Mr. Obama signed a bill containing the latest version of the transfer restrictions into law, he issued a signing statement claiming that he could lawfully override them under his executive powers.


“The executive branch must have the flexibility, among other things, to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers,” he wrote in the signing statement, adding that if the restrictions “operate in a manner that violates constitutional separation of powers principles, my administration will implement them in a manner that avoids the constitutional conflict.”


An administration official said the circumstances of a fast-moving exchange deal made it appropriate to act outside the statutory framework for transfers.


The top Republicans on the House and Senate Armed Services Committees, Representative Howard McKeon of California and Senator James M. Inhofe of Oklahoma, said the release of the Taliban prisoners “clearly violated laws” governing the transfer of detainees from Guantánamo Bay. One senior administration official defended the decision, saying that “due to a near-term opportunity to save Sergeant Bergdahl’s life, we moved as quickly as possible,” requiring action outside the notice requirement of the statute.


In his comments Saturday afternoon, Mr. Obama said, “The Qatari government has given us assurances that it will put in place measures to protect our national security.”


Prisoner swaps have been more common in conventional wars between two nation-state armies than in the sort of insurgency conflict that characterized Afghanistan and Iraq, and American officials could not cite another instance in which an American soldier had been freed in these conflicts in a swap.



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Yellow ribbons adorn many of the trees along Main Street in Hailey, Idaho, the Bergdahl family’s hometown. Credit Bill Schaefer for The New York Times

The transfer reduces the detainee population at Guantánamo to 149. They include 12 Afghan citizens — each of whom was deemed far less important and dangerous than the five who were included in the swap.


Sergeant Bergdahl was believed to have been held by the militant Haqqani network in the tribal area of Pakistan’s northwest frontier, on the Afghan border. He was captured in Paktika Province in Afghanistan on June 30, 2009. The circumstances of how he was separated from his unit and captured have remained a mystery.



Hopes for Sergeant Bergdahl’s release were lifted last November when the Taliban signaled it was prepared to engage the United States on the limited issue of a prisoner swap, but not on wider issues including reconciliation with the government of Afghanistan, a senior administration official said Saturday.


The discussions resumed with the Qatari government acting as an intermediary for messages between the two sides, the official said. Previous talks faltered over issues including restrictions on any released detainees; it was unclear whether the one-year travel prohibition was a breakthrough compromise. While it was described by American officials, it was not mentioned in a Taliban statement on the swap.


The latest evidence indicating that Sergeant Bergdahl, who was promoted twice while being held as a prisoner, was still alive came in January, when the American military obtained a video showing him alert but also apparently in declining health.


In the past week, detailed negotiations culminated in an agreement for a Taliban delegation to bring Sergeant Bergdahl to Afghanistan, where he would be retrieved by American Special Operations troops.


Mr. Obama called the emir of Qatar on Tuesday, and they gave each other assurances about the proposed transfers, an administration official said Saturday.


Sergeant Bergdahl was handed over about 7 p.m. local time without incident with the several dozen Special Operations troops spending only a few minutes on the ground, said American officials, who did not disclose the swap’s location in Afghanistan. Taliban officials, though, said the exchange was carried out in Khost Province.


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In Sergeant Bergdahl’s hometown, Hailey, Idaho, a poster at Zaney’s River Street Coffee House contains messages for the prisoner of war. He was exchanged for five Taliban detainees at Guantánamo Bay. Credit Bill Schaefer for The New York Times

The Taliban statement said that the swap was “a result of nonstraightforward negotiations” with the United States, with mediation by Qatar, and that the released detainees “will reside in Qatar with their families.”


The details of what the government believes it knows about the five former Taliban leaders were made public in classified military files given to WikiLeaks by Pfc. Bradley Manning, now Chelsea Manning.


Mohammad Nabi Omari is described in the files as “one of the most significant former Taliban leaders detained” at Guantánamo. He is said to have strong operational ties to anticoalition militia groups, including Al Qaeda, the Taliban and the Haqqani network.


A former Taliban provincial governor, Mullah Norullah Noori, is also “considered one of the most significant former Taliban officials” at the prison, according to the documents.


Both Mr. Noori and a third detainee being exchanged, Mullah Mohammad Fazl, a former Taliban deputy defense minister, are accused of having commanded forces that killed thousands of Shiite Muslims, a minority in Afghanistan, before the Taliban were toppled in the aftermath of the Sept. 11 terrorist attacks.


The fourth detainee is Abdul Haq Wasiq, a former top Taliban intelligence official. The fifth, Khirullah Said Wali Khairkhwa, is a former minister of the interior and provincial governor.


The Western official in Kabul said the Afghan government was not told about the deal beforehand because there had been a number of false starts since the exchange negotiations had picked up in the past few weeks.


One of the Americans’ chief concerns was that word of the plan would leak, and the Taliban would get cold feet or face pressure from harder line elements not to release Sergeant Bergdahl.


The Americans also feared the possibility of the exchange being upended by an outburst from the Afghan president, Hamid Karzai, who might see the prisoner swap as an attempt to open peace talks with the Taliban behind his back.


He has previously claimed that the United States aimed to weaken the Afghan government by cutting a separate peace agreement with the Taliban and its backers in Pakistan, and “no one wanted to deal with that kind of stuff right now,” the Western official said.



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