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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...

>> yeah, that last part rings true on both sides, you can never trust your enemy. as you listen to that, i'm sure it's just -- this is chilling, this is the enemy directly narrating what just happened in this prisoner transfer. at the same time, there were a lot of things we didn't see that were going on behind the scenes. i want to play some of that video again and i want you to tell me in your training when you spent your time in afghanistan, you had to know a lot about their culture. know your enemy is a good strategy. when they tap their hearts, when they come and greet the taliban, some p...

This type of prisoner transfer that we only see fictionalized in movies and television, there are so many details from the taliban tape to unpack. we'll do it with the help of chris vos, former negotiator for the fbi and ceo of a private negotiating group. thanks for being here. senior defense official tells us two proof of life videos in recent months led to concern at the pentagon that bergdahl's health was deterioratindeterior. does he look sick or impaired to you at all on this video? >> new york he doesn't look that bad to me. i mean, that's an assertion, if you forgive me, negotiator 101...

About the possibility we might need to execute a prisoner exchange in order to recover sergeant bergdahl. we saw an opportunity. we were concerned about sergeant bergdahl's health. we had the cooperation of the qataris and we seized that opportunity. >> mike rogers, you're chair of the house intelligence committee. did that happen? >> you know, i guess you'd have to look at his words. i don't know what he means. in 2011 they did present a plan that included a prisoner transfer that was pushback. we haven't heard anything since on any details of any -- >> nothing since 2011. >> nothing. other t...