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Fireworks prior, hadn't there? that was the big one. did we ever get to the bottom of it, command center. >> we still haven't. before 9/11, there was 10,/12 and the bottom i there's no justice to families even thoughing we are holding one in guantanamo bay. there's been no movement by the administration or the dep or tho hold people accountable for that attack on my ship that killed 17 of my sailors. >> tell me again what happened commander, it was a refueling opinion for you. right before you sail on. >> it was. we had pulled in the morning of october 12th to refuel the ship, taking on a quar...

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...

Later on. here's the bigger question now as we move forward. the obama administration has been very reluctant to go back and dig into the operations of the bush administration. and seek prosecution. do you think this changes anything? >> i don't know if it will. i was at the white house when robert gibbs aim out and said they were not going to release the photos from abu ghraib. i also recall president obama saying specifically he wanted to look forward and not look backward. the problem is, it's a false dichotomy. you have to look backward to understand what it is we have done and the damage ...