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Department of defense, when the act of hostility in afghanistan, you have to let the 40 or so go under international law. you can also transfer about 78 of them mainly to yemen when you feel necessary. so the only ones you have left are the ones you're still trying to try. it bugs me how long it's taken to bring these people to trial. >> but this is the issue to me. you get people like lindsey graham or john mccain who say we should close guantanamo, but when there are people that are released, we see the fire storm. you're letting terrorists go. we're seeing it everywhere. it creates exactly ...

White house kaim out today and said we couldn't tel the senate about this. we had to do this in a way that skirted the law. that doesn't sound like a prisoner transfer. that sounds like a hostage. >> doing it now by the end of this year you have to let him go. so you got a good deal. >> that's the key point about the timing here, which gets lost. back when michael hastings wrote that article about bowe bergdahl, basically the deal that happened was described in that article. it happened now with the provision that those five guys stay in qatar where they are monitored and then a year after tha...