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At This Hour With Berman and Michaela-20140611-15:10:00

until he gets back and we're able to get the facts. the urgency of getting him, the fleeting opportunity that was made clear to us by qataries. mr. preston was there through those. all of these were factors. concern about leaks. we were warned about them. all of these different dimensions we had to think through. we had information to support this. this effort might be the last real effort that we have to get him back. there were too many things floating around that we didn't control. we had to factor in all of those. >> did you have any other -- did you entertain other approaches to his rescue that you were

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Detailed text transcripts for TV channel - MSNBC - 20140611:14:53:00

groups, but these are dynamic and unprecedented situations that this country has never had to deal with before. i will make one last comment and then ask mr. preston for his legal opinion on your question. you all have major responsibilities, and we each in government have major responsibilities. i have the responsible of getting up every morning and i have one responsibility, and that is the security of the country, and this is what i am charged to do and i agreed to do it, and the president asked me to do it, and i took the oath of office and that is to the secure of the country and that is my primary focus everyday and you all have the focuses, and not too dissimilar from mine, either, on some of the things, but i have a more narrow gauge, but the president of the united states has the ultimate responsibility for the security

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Detailed text transcripts for TV channel - MSNBC - 20140611:15:13:00

variations of that engagement over the years. >> all right. thank you, mr. secretary. >> mr. jones. >> mr. chairman, thank you very much. secretary hagel, mr. preston, it is good to see you both, and thank you for being here to dda. mr. secretary on june 1st, you were on "meet the press" and you expressed hope that the release of sergeant bergdahl would lead to direct u.s. talk thes with the taliban. mr. sek ta, tcretasecretary, th said that there is not going to be any peace in afghanistan as long as there are prisoners in guantanamo bay, and they have repeated the statements time and time again and they have proven that they do not desire peace with the united states or our allies. with this known, why did you at that point on "meet the press"

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Detailed text transcripts for TV channel - MSNBC - 20140611:15:40:00

you know, raise their risks in terms of getting back involved in the fight. again, they don't always involve the use of military personnel. i mean, we have all been on the codels to afghanistan, most of us, and we have seen the availability of unmanned asset s that we have to take the out targets that, again, have been identified through the chain of command, isn't that correct? >> that is correct. >> and certainly, that would be available to us, again, if a situation arose that would not put soldiers or airmen or anyone necessarily atk? >> that is right. >> and mr. preston, you know, we have been sort of talking about the legal sort of consultation that was going on with your office and the department of justice during that five or six-day period when the decisions were being made.

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CNN Newsroom-20140611-14:50:00

they were the government. they were knocked out and they kept fighting as an insurgent force. could you walk us through and maybe mr. preston as the lawyer can sort of get into this, how you view this and whether or not this is unprecedented. it doesn't seem to be. there are exchanges as you mentioned just about every war we fought of prisoners. whatever one may think of the taliban, we were fighting a war with them. it was in a battle zone. it was not, you know, a diplomat or a civilian. it was a member of the armed force who is was captured in that battle. do you think that we've set some precedent here for negotiating with terrorists or is this clearly as it is in my mind in a different legal category? >> congressman smith, thank you. as you noted, i alluded to some of this in general terms in my statement. two general comments to respond

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Detailed text transcripts for TV channel - MSNBC - 20140611:15:31:00

this was all done in less than 60 seconds and not one death, not one issue, not one problem. and i have seen very little recognition of that givetone the for -- of that given to the forces by anybody, and that is a significant effort by our armed forces knowing as little as they did and planning it adds well as they did and having the outcome as positively as it was. thank you. >> i agree. and my next question is for mr. preston, with the heightened media attention, how will you ensure that mr. bergdahl receives a fair investigation? >> thank you. we will pursue our usual policies and practices with respect to the investigations and follow-on action ascii element of that is avoid iing wt is referred to as unlawful or undue command influence.

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Legal View With Ashleigh Banfield-20140611-16:07:00

has become such a political football. such unfairness as the secretary of defense pointed out not only toward our men in uniform but toward his family. i don't know the particulars, but justice will take its course. that's the nature of this country. that's the nature of our constitutional guarantee. not only is this person a u.s. citizen, he's a person who volunteered to wear the uniform. he should be given the benefit of the doubt. let justice take its course. i would like to ask mr. preston in a less prosecutorial tone, do you think the 30-day notice requirement for congress in the last ndaa was a constitutional provision? does the commander in chief, any commander in chief of either party, have the right to take action when time -- >> we're continuing to monitor this hearing. we're going to get back to it

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Detailed text transcripts for TV channel - MSNBC - 20140611:14:54:00

of the country, and soy reand so i remind us of all of this and it is imperfect and maybe it sounds like an excuse, but it is not an excuse, but it is reality. i will ask mr. preston to comment. >> thank you. there is of course, a good deal of technical and legal detail of what constitutes a p.o.w. per se, versus a detained combatant or privileged or unprivileged belligerent, and i don't believe that we have to get into that to answers the question, but we had detained combatants held by opposing forcing in the same conflict and as that, this exchange falls within the same prisoner exchanges of open posing force pos -- opposing forces in a time of war. a and it is true that the taliban is not this conventional state

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At This Hour With Berman and Michaela-20140611-15:42:00

there's interest and we certainly want to make sure that interested members fully understand the legal basis on which the administration acted. as for disposition of the document, we'll take that back. >> thank you. again, i'll follow-up with the chairman. i think it is important that if department claimed constituti constitutional authorities in terms of that issue, we would like to see that analysis. and with that i would yield back, mr. chairman. >> gentleman, yields back. mr. preston, when did you consult the doj on the 30-day notification? on what day was that? >> mr. chairman, i don't remember the precise date. it was in the time frame in which we completed our

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Detailed text transcripts for TV channel - FOXNEWS - 20140611:15:42:00

to make sure that interested members fully understand the legal basis on which the administration acted as to the disposition of the document, we'll take that back. >> thank you. again, and i will follow-up with the chairman. i think it is important that if the department was claiming a constitutional authorities which the secretary mentioned in terms of that issue, i think we would like to see that analysis. and, with that i would yield back, mr. chairman. >> the gentleman yields back. mr. preston, when did you consult the doj on the 30-day notification? on what date was that? >> mr. chairman, i don't remember -- jenna: defense secretary chuck hagel testifying before congress on the bergdahl prisoner swap. as you can tell feisty exchange of questions from some of the

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