Taliban Release For Bergdahl: Obama Overrode Internal Objections - TIME - Liar Liar!
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Taliban Release For Bergdahl: Obama Overrode Internal Objections - TIME

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Pentagon, Intelligence officials used Top Secret intelligence to prevent previous release of Taliban Five, officials tell TIME

To pull off the prisoner swap of five Taliban leaders for Sgt. Bowe Bergdahl, the White House overrode an existing interagency process charged with debating the transfer of Guantanamo Bay prisoners and dismissed long-standing Pentagon and intelligence community concerns based on Top Secret intelligence about the dangers of releasing the five men, sources familiar with the debate tell TIME.

National Security Council officials at the White House decline to describe the work of the ad hoc process they established to trade the prisoners, or to detail the measures they have taken to limit the threat the Taliban officials may pose. They say consensus on the plan was reached by the top officials of Obama’s national security team, including representatives from the Pentagon, State Department, intelligence community and Joint Chiefs of Staff. “These releases were worked extensively through deputies and principals,” says National Security Counsel Deputy for Strategic Communications Ben Rhodes. “There was not a dissent on moving forward with this plan.”

But officials in the Pentagon and intelligence communities had successfully fought off release of the five men in the past, officials tell TIME. “This was out of the norm,” says one official familiar with the debate over the dangers of releasing the five Taliban officials. “There was never the conversation.” Obama’s move was an ultimate victory for those at the White House and the State Department who had previously argued the military should “suck it up and salute,” says the official familiar with the debate.

Obama has broad authority under Article II of the U.S. Constitution to order the prisoner exchange as commander in chief of America’s armed forces. The lengths to which he went to bring it about show how determined he was to resolve the lingering issue of America’s only prisoner of war in Afghanistan.

and they would be notified and consulted if they did,” says a GOP Senate aide. The committees were only notified after the fact.

At least one member of the Senate did have advance notice. “We were notified of the plan to secure Sergeant Bergdahl’s release on Friday,” said Adam Jentleson, a spokesman for Senate Majority Leader Harry Reid. A spokesman for Republican House Speaker John Boehner, however, told TIME that there was no advance notice given to the leader of the House. Senate Intelligence Chair Dianne Feinstein was not informed in advance, either, and on Tuesday Deputy National Security Advisor Tony Blinken called her to apologize for the oversight, she told reporters.

The White House said Tuesday the President had exercised his constitutional authority out of a sense of urgency for Bergdahl’s safety. “Delaying the transfer in order to provide the 30-day notice would interfere with the Executive’s performance of two related functions that the Constitution assigns to the President: protecting the lives of Americans abroad and protecting U.S. soldiers,” National Security Council spokeswoman Caitlin Hayden said in a statement released to the press. “Because such interference would significantly alter the balance between Congress and the President, and could even raise constitutional concerns, we believe it is fair to conclude that Congress did not intend that the Administration would be barred from taking the action it did in these circumstances,” Hayden said.

Jack Goldsmith, a Bush administration veteran of the battles between the executive branch and Congress over Commander-in-Chief powers in the war against terrorists, says Obama may have been acting legally. On the website Lawfare Tuesday he wrote, “If the statute impinged on an exclusive presidential power, the president properly disregarded it and did not violate it.”

Even many of those who opposed the release in the past accept the president has the power in conflicts to effect a prisoner swap. “We have done prisoner swaps in the past,” says the first official familiar with the debate over the release. But, the official added, “That’s been in international armed conflict where you have a state with which you can negotiate and you can say this guy will not go back to the fight.”

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