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Of negotiations between the united states and representatives of the taliban going back now for almost three years. there was no other deal. it was this deal or nothing. you had two policies, one is don't leave anybody behind. the other one is don't talk to terrorists and the question -- these are both policies, they're not laws. the question is which trumps the other? and in this case, leave no man behind trumped the other one. >> alan, you heard ann said that most americans wanted these five to be at least tried. do you think they should have been tried? >> i don't know what the evidence is ...

Come back. we know that from the videotapes. there came a time whatever his statements were he desperately wanted to be returned. >> it is not left behind. >> it is if he wants to come back and we -- >> robert, go ahead. >> well, i think that in fact, we should not be deciding whether or not an american soldier we're going to try to rescue him or whether we're trying to negotiate for his release by presuming some kind of guilt in determines of desertion or anything else. this man hadn't been tried. >> they tried to rescue him. >> exactly. >> and americans died. >> well let me finish. the reaso...

This exchange has struck a nerve, the central concern that the message sent is that capturing americans can be a rewarding business. so what does that mean to other americans already being held elsewhere such as kenneth bey? no one knows. and no one knows what is ahead for bergdahl. >> bowe has been gone so long it will be difficult to come back. >> difficult and not just for him. tom forman, cnn, washington. >> thank you, tom. a lot of questions in the wake of bowe bergdahl's release. the most heated? should we be in the business of negotiating with terrorists? joining me is alan dershowitz...