Pittsburgh Post-Gazette

Bergdahl probe sparks funding tiff

- By Missy Ryan

WASHINGTON — House lawmakers are threatenin­g to slash Defense Department funding by about $500 million next year if Pentagon officials don’t hand over documents related to a probe into the controvers­ial prisoner swap that freed five Taliban detainees in exchange for captive U.S. soldier Bowe Bergdahl.

The Republican leadership of the House Armed Services Committee has tucked a provision into an early version of an annual defense bill that would cut funding for the Office of the Secretary of Defense by 25 percent in fiscal 2016, committee staff members said, unless the Pentagon provides unredacted emails related to the 2014 swap and additional informatio­n into the legal reasoning behind the exchange.

The unusual move illustrate­s the depth of Republican anger over the decision to transfer the five detainees from the military prison at Guantanamo Bay, Cuba, to the Gulf state of Qatar. Critics allege the Obama administra­tion endangered U.S. security and flouted U.S. law in failing to provide Congress with a mandated notificati­on 30 days prior to the transfer.

While the release of Sgt. Bergdahl, who was held in Pakistan under difficult conditions for almost five years, received initial praise, the deal quickly came under attack from lawmakers angry about being left out of the loop and from those skeptical about the circumstan­ces of Sgt. Bergdahl’s initial disappeara­nce. Sgt. Bergdahl has since been charged with desertion for walking off of his base in a remote area of Afghanista­n in 2009.

Only days after the swap took place, the committee launched an investigat­ion into whether the administra­tion had broken the law.

In a June 9, 2014, letter to then-Defense Secretary Chuck Hagel, then-committee Chairman Howard “Buck” McKeon, R-Calif., ordered the Pentagon to turn over emails and internal documents related to the transfer.

Lawmakers were particular­ly interested in internal deliberati­ons surroundin­g the decision to forego congressio­nal notificati­on. While a probe into the matter by the independen­t Government Accountabi­lity Office found that the administra­tion had violated federal rules, the administra­tion has maintained that the transfer was legal and necessary to protect Sgt. Bergdahl’s safety.

Mr. Hagel, speaking at a tense hearing in June, told lawmakers that officials had accelerate­d their efforts to liberate the country’s only prisoner of war after they received a video in January 2014 showing that Sgt. Bergdahl’s mental and physical health had worsened.

After years of on-and-off contact with Taliban representa­tives or their intermedia­ries, officials said, the transfer came together quickly in the final weeks of May 2014.

“After the exchange was set in motion, only 96 hours passed before Sergeant Bergdahl was in our hands,” Mr. Hagel said. “We believed this exchange was our last, best opportunit­y to free him.” Sgt. Bergdahl is now awaiting a preliminar­y Article 32 hearing, the military equivalent of a grand jury proceeding.

Mr. Hagel also assured lawmakers that the Pentagon had obtained legal guidance from the Justice Department indicating that the administra­tion could go ahead with the transfer without notifying Congress ahead of time, based in part on President Barack Obama’s authority to act to protect the lives of Americans overseas.

The Obama administra­tion was also concerned that plans for the swap could become public, something they feared would cause the Taliban to scuttle the deal. On May 31, militants handed over Sgt. Bergdahl — clothed in local garb, his head shaved — to Special Forces soldiers on a field in eastern Afghanista­n.

For much of the last year, committee staff members have sifted through emails and documents that led up to that moment. They have also called in officials for multiple briefings and visited Qatar to investigat­e.

But staff members said their investigat­ion had been impeded by heavy redactions to over 3,000 classified and unclassifi­ed emails provided to the committee. They said the redactions obscured informatio­n about legal discussion­s, negotiatio­ns with the Qatari government and preparatio­ns for briefing Congress — the very informatio­n they believe they require for their probe.

Some Republican lawmakers have also expressed concern about the activities of the former detainees since they were freed in Qatar.

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