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Reporter: Bowe Bergdahl’s Fellow Soldiers Questioned Afghan War More Than He Did
According to a 2012 profile in Rolling Stone magazine by the late reporter Michael Hastings, the newly freed U.S. soldier Bowe Bergdahl joined the Army in 2008 after he first tried to enlist with the French Foreign Legion, but was rejected. He was deployed to Afghanistan just after President Obama ordered the first troop surge in the Spring of 2009. Bergdahl reportedly told a soldier in his unit, "If this deployment is lame … I’m just going to walk off into the mountains of Pakistan." And on June 30, 2009, he may have done just that, leaving the base with just a knife and water, along with a digital camera and his diary. Within 24 hours, he was captured. We are joined by Sean Smith, an award-winning photographer and filmmaker for The Guardian who met Bowe Bergdahl while embedded with his unit in Afghanistan. Smith also profiled Bowe’s father, Bob Bergdahl, in the video we aired in the previous segment.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AARON MATÉ: We’re looking at the case of Bowe Bergdahl, the American prisoner of war released over the weekend in a prisoner swap. According to a 2012 profile in Rolling Stone magazine by the late reporter Michael Hastings, Bergdahl joined the Army in 2008 after he first tried to enlist with the French Foreign Legion but was turned down. He was deployed to Afghanistan just after President Obama ordered the first troop surge in the spring of 2009.
AMY GOODMAN: In June 2009, Bowe Bergdahl reportedly walked off his base in Afghanistan. He is said to have left a note saying that he had become disillusioned with the Army, did not support the U.S. mission in Afghanistan, and was leaving to start a new life. Within 24 hours, he was captured. For more we go now to London where we are joined by Sean Smith, the award-winning photographer and filmmaker for The Guardian. He met Bowe Bergdahl in Afghanistan in 2009 when he was embedded with his unit, and later went to Idaho to meet his father Bob. Who he profiled in The Guardian video we just broadcast. In Washington, D.C. we’re joined by Colonel Morris Davis, retired Air Force Colonel, resigned as a former chief military prosecutor at Guantanamo in 2007. Sean Smith, let’s begin with you. Tell us about meeting Bowe Bergdahl in Afghanistan. Where did you see him?
SEAN SMITH: I met him briefly. He was with a group who were on an observation post, which was basically a hole in the ground at the top of the hill, for a few days. It was a short time. They were in pretty good spirits, all of them. They were kind of on their own. I think there was a couple of the other soldiers, early one morning on camera, questioned the mission — the whole mentioned, I guess, in Afghanistan, and what they were doing. I think the phrase was, these people have been dicked around by the Russians for 17 years and now we are doing it. And I think these people just want to be left alone. I think that is roughly what was said. I did not hear that from Bowe at all. I don’t know exactly what happened. I don’t think anyone knows that for sure now. I know when I heard about his capture, even the place was unclear. So I don’t know — it happened about 10 days after I was with him. So, you know, there seems to have been quite a bit of speculation about what happened and him. I just don’t think much is — you know, it’s not all that clear and I would not want to speculate and join that speculation.
AMY GOODMAN: That is very interesting that you talk about the other members of his unit apparently having the same feelings that he would express, even though he did not express them to you.
SEAN SMITH: We put out a video in 2009 with the guys saying that. I was in — I was about three months in Afghanistan. I went from being with the 501st — I mean I was hoping I was hoping I was going to spend a couple of weeks with Bowe and these guys. I then got pulled back and went to another area with the 501st and then went on to join the Brits with Operation Panther’s Claw. But, yeah, I mean, we did not know the circumstances. I found out sometime later. But as I say, the video we ran at the time, there’s two guys who were in the same dugout, hole in the ground, they had started the early morning watching the back of the construction site, and that is what they said. So I think at that time, you know, naturally enough, quite a number of people serving in the military in Afghanistan were voicing questions about what they were doing there, you know, or what they were told they were doing there and what they actually thought they were doing there. You know, on a political level. So they weren’t criticizing the chain of command, but they were questioning the war and the concept of it and etc. It wasn’t a very unusual. I had a similar thing with a couple of the Brits, which was quite unusual. But, a number of American soldiers expressed queries and questions.
AARON MATÉ: Well, Sean Smith, Bowe Bergdahl reportedly sent e-mails to his parents that suggested he had grown disillusioned with the Afghanistan War according to Rolling Stone magazine. Bergdahl sent a final e-mail to his parents on June 27, three days before he was captured and wrote, "The future is too good to waste on lies... And life is way too short to care for the damnation of others, as well as to spend it helping fools with their ideas that are wrong. I have seen their ideas and I’m ashamed to even be American. The horror of the self-righteous, arrogance that they thrive in, it is all revolting. I am sorry for everything here. These people need help, yet what they get is the most conceded country in the world telling them they’re are nothing and that they are stupid and they have no idea how to live. The horror that that is America is disgusting." In that e-mail, he also referred to seeing an Afghan child run over by U.S. military vehicle. Was it your impression that some reports have suggested that he was more interested in spending time with the Afghans that he was around than with the soldiers that he was deployed with?
SEAN SMITH: Well, as I said, the time I was with him, they were a tight little group. I think the captain at the other end of the hill had said, hey there is these guys up on the hill, you know, they are happy being up there and don’t want to be rotated down, even though the conditions are pretty basic. You know, they seemed to be getting on very well. All American military was being told to engage with the Afghans and try and learn a little Pashto to try and, yeah, have some understanding of the culture. So, that wasn’t unusual. Those people came up to speak to them. You know, they were polite and spoke to them. We went to have something to eat with the Afghan soldiers who were not that far away, one evening, which we weren’t really supposed to do. But, none of this seems — in terms of the e-mail, I’ve not seen the e-mails. I don’t know about it. But, in terms of questioning things, you know, there was a lot military who completely, 100%, we’re doing completely the right thing, and there were also a lot who were saying, you know, I’m not sure, I think this is the military is being put in a difficult, impossible position. You know, it is not doable. It is muddled and unclear.
AMY GOODMAN: Now let’s talk about Bob Bergdahl. I want to go back to particular clip in the video that we just played that is on The Guardian's website when he compares his son's detention, Bowe’s detention to that of Guantanamo Bay prisoners.
BOB BERGDAHL: I don’t think anybody can relate to the prisoners at Guantanamo more, I don’t think, than our family because it’s the same thing. My son is a prisoner of war. And wars end with reconciliation and negotiations with the enemy, and prisoners of war should be part of that dialogue. And I insist, I insist that it will be.
AMY GOODMAN: That is Bob Bergdahl when you were filming him in Idaho. Last week, on May 28, Bob Bergdahl posted a message on Twitter saying, "I’m still working to free all Guantanamo prisoners. God will repay for the death of every Afghan child, ameen!" The tweet was subsequently deleted. But tell us about Bob Bergdahl back in Idaho.
SEAN SMITH: I think as a family, a very thoughtful family, I think they’re well respected in the community. I think they’re a family with a sense of sort of duty and patriotism and doing the right thing. I don’t think he chose to — he found himself in the situation after his son joined up where, you know, first of all, thought he needed to find out more about the war. After his son became a prisoner, I think both his way of — the family’s way of dealing with it was to try and find out even more and follow things to try and find about the people who were holding his son captive. I think his attitude was that, I guess, the country or the West had gone quite a long way from some of the things that were being talked about at the end of the second world war, the Nuremberg Trials. Here we are marking 70th anniversary of D-Day, which was, you know, the trials were after that, which was for a rule of law for, you know, not just if you take people and you try them and then if they’re found guilty, they’re put in jail, but, you know, certain procedures should be upheld. I think his position would be that, if anything, things were being done in an un-American way. I hope I’m not — I don’t speak for Bowe or anyone, but that seemed to me to be what he was saying.
Father of Freed U.S. Soldier: "Nobody Can Relate to Guantánamo Prisoners More Than Our Family"
Bowe Bergdahl, the last known American prisoner of war in Afghanistan, has been freed in a prison swap with the Taliban five years after his capture. Bergdahl was captured after reportedly walking off his base unarmed. He was said to have left a note claiming he had become disillusioned with the Army, did not support the American mission in Afghanistan, and was leaving to start a new life. Bergdahl’s parents, Bob and Jani, had first revealed their son was the subject of prisoner swap negotiations three years ago when U.S.-Taliban talks broke down. In the lead-up to his son’s release, Bob Bergdahl spoke to The Guardian’s Sean Smith in an exclusive interview filmed around the Idaho countryside where the family lives. "I don’t think anybody can relate to the prisoners in Guantánamo more than our family, because it’s the same thing," Bob Bergdahl told Smith. "How could we have such a high standard of judicial process for horrible war criminals [during World War II] ... and yet now we can go for 10-11 years without even having judicial process? It’s just wrong."TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AARON MATÉ: Today we spend much of the hour on the incredible story of Bowe Bergdahl, the last known American prisoner of war in Afghanistan, just freed in a prisoner swap with the Taliban. Bergdahl was held captive since June 2009 after he apparently walked off his base. He reportedly left a note saying he had become disillusioned with the Army, did not support the U.S. mission in Afghanistan, and was leaving to start a new life. In an e-mail to his parents two days before he disappeared, Bergdahl said he was ashamed to be an American. Bowe Bergdahl was freed this weekend after five years of captivity. In a deal brokered by Qatar, the was agreed to release five Taliban leaders from Guantánamo Bay. Bergdahl is now being treated at an American military hospital in Germany and will return to the U.S. a later date.
AMY GOODMAN: The deal has been controversial. Some of Bergdahl’s former soldiers say he should face a court-martial for desertion. Meanwhile, Republican lawmakers are accusing President Obama of failing to properly give Congress advanced warning of the Guantánamo prisoner transfers. Obama addressed the controversy earlier today during a news conference in Poland.
PRESIDENT BARACK OBAMA: With respect to the circumstances of Sergeant Bergdahl’s capture by the Taliban, we obviously have not been interrogating Sergeant Bergdahl. He is recovering from five years of captivity with the Taliban. He is having to undergo hold battery of tests and he is going to have to undergo a significant transition back into life. He has not even met with his family yet, which indicates, I think, the degree to which we take this transition process seriously. This is something we have learned from the Vietnam era. But, let me just make a very simple point here, and that is, regardless of the circumstances, whatever those circumstances may turn out to be, we still get and immigrant soldier back if he’s held in captivity. Period. Full stop. We don’t condition that.
AARON MATÉ: His parents, Bob and Jani, spoke to reporters in Boise, Idaho.
JANI BERGDAHL: I’m so looking forward to seeing your face after these last 5.5 years, long, long years, and to giving a great big bear hug and holding you in my arms again, never wanting to let you go. Our family, your family, is strong in faith and hope. You are from a strong tribe. You are even stronger now. Five years is a seemingly in less longtime, but you’ve made it. I imagine you are more passionate and patient than ever. You are free. Freedom is yours. I will see you soon, my beloved son. I love you, Bowe. [APPLAUSE]
BOB BERGDAHL: We are talking like this because we haven’t talked to Bowe yet. We haven’t called him on the phone. Although, you all know we have the capability to do that with satellite technology. There’s a reason for that, and that is because Bowe has been gone so long that it’s going to be very difficult to come back. It’s like a diver going deep on a dive and has stage back up through decompression to get the nitrogen bubbles out of his system. If he comes up too fast, it could kill him. Now, we’re pretty resilient. Jani pointed out, Bowe is still very resilient. He has passed through all the checkpoints with flying colors. So, Bowe, let me say to you, let me start over again now that I’ve explained the context of this. Bowe, I love you. I’m your father. Za abba yem [sp]. I have written to you over and over. [speaks Pashto] Can you speak English still?, I would write him. But now I hope that when you hear this and when you’re ready to hear this and when you see this, I hope your English is coming back. And I want you to know I love you. I’m proud of you. I’m so proud of your character. I’m so proud of your patients and your perseverance. I’m so proud of your cultural abilities to adapt, your language skills, your desire and your action to serve this country in a very difficult, long war. The most of all, I’m proud of how much you wanted to help the Afghan people and what you were willing to do to go to that length. I’ll say it again, I’m so proud of how far you are willing to go to help the Afghan people. And I think you have succeeded.
AMY GOODMAN: That is Bowe’s parents Bob and Jani Bergdahl speaking Sunday in Boise, Idaho. Bob Bergdahl was also addressing his son in Pashto. Well, in the lead up to their son’s release, Bob Bergdahl talked to The Guardian’s Sean Smith in an exclusive interview. Smith first met Bowe while embedding with his unit in Afghanistan in 2009. Sean Smith will join us later in the program from London. But, first, we want to turn to the video that he made when he followed Bob Bergdahl around the Idaho countryside where the family lives.
BOB BERGDAHL: I don’t work for the military, I don’t work for the government. I don’t represent the American people. I’m a father who wants his son back. My name is Bob Bergdahl. I’m the father of Sergeant Bowe Bergdahl. I am 54 years old. I worked for UPS for 28 years. I am retired. I wake up each morning and my first thought is my son is still a prisoner of war in Afghanistan. And I need to do something about that. This is an aspen forest. So, Bowe played through here when he was growing up as a kid. He and his friends were all over these trees. And so, it’s nice to come up here and reminisce. I guess it makes me feel good. Gives me something to do. It is a nice place to take a break when you’re cutting wood. We had this camp set up before the winter came, but now there’s a couple feet of snow out there so it is a pretty cozy place to be. This is what we used to do, still do. But this is how Bowe grew up. And we set this up for him, hoping he would get home this winter, maybe if he needed a place to stay and kind of recover. He was not there for national security. He was not there because he lost a personal friend on 9/11. He was there because the way he was raised forced him to have compassion. I know that was Bowe’s motivation, to help these people. That is how the war is shaped in the minds of a lot of Americans, is that we are there as some kind of Peace Corps with guns, and that is just an impossible mission. It is a mission that we are not very good at, I don’t believe. I think the last decade proves that.
MARTIN LUTHER KING JR: The time has come for America to hear the truth about this tragic war. In international conflicts, the truth is hard to come by.
BOB BERGDAHL: The reason I go back to 1967 and this sermon by Martin Luther King about why he is opposed to the Vietnam War is to gain his inspired wisdom, in my opinion, and then work forward again through time and through history to where my son is, in Waziristan, and try to make sense of that.
MARTIN LUTHER KING JR: There’s something strangely inconsistent about a nation and a press that will praise you when you say be nonviolent toward Jim Clark, but a will curse damn you when you say be nonviolent toward little brown Vietnamese children. There is something wrong with that.
BOB BERGDAHL: I’m sorry, how can we teach two generations at least of children in this country that we have zero tolerance for violence but we can occupy two countries in Asia for almost a decade. It is schizophrenic. And no wonder this younger generation is struggling psychologically with the duplicity of this, the use of violence. The purpose of war is to destroy things. You can’t use it to govern. The first thing I do is feed the cat, who is usually asking to be fed. And then I start a fire and warm this place up and then... Not bad for Idaho. I’m trying learn to in a little Pashto so I can speak with people. I’m trying to write or read the language. I have probably spend four hours a day reading on the region, on the history. I’m working to get Bowe home and some days I get up and I’m so angry at some policy that’s just happened that I got to research that. And then it all comes together. It is all related somehow. Economics is related to foreign policy, and domestic politics is related to our foreign policy, and our foreign policy is related to Afghanistan. On and on we go. This has been an education, I will tell you that.
AMERICAN REPORTER: We have Sergeant Bowe Bergdahl. He’s been at the center of negotiations now going on between our government and the Taliban. What they want in return is to release the five detainees from Guantánamo Bay. We have heard a lot of U.S. lawmakers, despite that this is an American life that’s involved here, say that it is not worth releasing these men because they are dangerous. What is your take?
ACQUAINTANCE OF BOB BERGDAHL: I’m in touch occasionally with Bowe’s father Bob who is a good man who has stuck by his son all these years. The five that they’re referring to are not on the to be prosecuted list. So, if we can get rid of them, which is what we want to do to begin with and get Bowe back, it seems like a win-win. So you can get Guantánamo closed and Sergeant Bergdahl back home where he belongs.
BOB BERGDAHL: The chief prosecutor for the military in Guantánamo Bay is saying that the five Afghans should be traded for Bowe Bergdahl. The chief prosecutor. I don’t think anybody can relate to the prisoners at Guantánamo more, I don’t think, than our family because it’s the same thing. My son is a prisoner of war. And wars end with reconciliation and negotiations with the enemy, and prisoners of war should be part of that dialogue. And I insist, I insist that it will be. The Supreme Court justice that was sent to Nuremberg for the Nuremberg trials, has just an absolutely fantastic statement of what American justice stood for at the end of World War II. How can we have such a high standard of judicial process for horrible war criminals and without a doubt people who were guilty of crimes against humanity, and yet now we can go for 10 years, 11 years without even having judicial process? It’s just wrong. Bowe had judicial process. The military sure [unintelligible] tried Bowe and found him guilty of war crimes. Very quickly, very early on he was given his fate. He wasn’t given a sentence, but he was given his judicial determination. And there’s something humane about that. Something inhumane about keeping somebody in limbo for 10 years. Yes, it makes me angry. I’m thankful that Bowe is most likely in the house somewhere. At least it’s not chain-link and cement and barbed wire. I hope that is the way it is. Every day it just doesn’t go away. You just carry this empty, unsatisfied, empty place in your heart every day for four and a half years. We are torn as a family. I can read that in his letters. I can see that he was torn as well. But he was in the midst of harm’s way, as all these other young men and women are. I think this is the darkening of the American soul. It is where the guilt comes from, because you are being told you are helping, but you know on the inside that you are not.
AMY GOODMAN:That exclusive video featuring Bob Bergdahl, the father of Bowe Bergdahl was produced by The Guardian. When we come back, we will be joined The Guardian’s Sean Smith, the reporter who interviewed Bob Bergdahl in Idaho and who met Bowe when embedding with his unit in Afghanistan. We will also speak with Colonel Morris Davis, the former chief military prosecutor at Guantánamo Bay.
After Supreme Court Rejects Appeal, Will Obama Jail New York Times Reporter James Risen?
In one of the most significant press freedom cases in decades, the U.S. Supreme Court has turned down the appeal of a New York Times reporter who faces prison for refusing to reveal a confidential source. James Risen had asked the court to overturn a ruling forcing him to testify in the criminal trial of ex-CIA analyst Jeffrey Sterling. Prosecutors believe Sterling gave Risen information on the CIA’s role in disrupting Iran’s nuclear program. Risen vowed to go to prison rather than testify and was hoping for Supreme Court intervention. But on Monday, the Supreme Court refused to weigh in, effectively siding with the government. The Obama administration must now decide if it will try to force Risen’s testimony and risk sending one of the nation’s most prominent national security journalists to jail. We are joined by two guests: Trevor Timm, executive director of the Freedom of the Press Foundation and a columnist at The Guardian; and Matthew Cooper, a veteran Washington correspondent who was held in contempt of court during the Bush administration leak case that led to the outing of Valerie Plame as a CIA agent.TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: We turn now to what could be one of the most significant press freedom cases in decades. The Supreme Court has turned down the appeal of the New York Times reporter who faces prison for refusing to reveal a confidential source. James Risen had asked the court to overturn a ruling forcing him to testify in the criminal trial of ex-CIA analyst Jeffrey Sterling. Prosecutors believe Sterling gave risen information on the CIA’s role in disrupting Iran’s nuclear program. In his book "State of War," Risen showed that instead of hampering Iran’s efforts, the CIA effectively gave Iran a blueprint for designing a bomb. Risen vowed to go to prison rather than testify and was hoping for a Supreme Court intervention. But, on Monday, the Supreme Court refused to weigh in, effectively siding with the government. He said in response, "I will continue to fight." He is no stranger to challenging the White House. In 2005, Risen helped expose the domestic warrantless spy program despite Bush administration efforts to kill the story.
AMY GOODMAN: The Obama administration must now decide if it will force Risen’s testimony and risk sending one of the nations most prominent national security journalists to jail. President Obama has already developed a reputation as the most aggressive in history when it comes to targeting whistleblowers. Obama’s Justice Department has brought eight cases so far, more than all previous administrations combined. For more, we’re joined by two guests, Trevor Timm, Co-founder and Executive Director of the Freedom of the Press Foundation, as well as Matthew Cooper, a reporter for Newsweek. He earned national attention when he refused to name his sources in his reporting on the outing of Valerie Plame as a CIA agent. We turn now to Trevor Timm. Your response to the Supreme Court decision not to hear the case?
TREVOR TIMM: Well, I think it was really disappointing on a number of levels. This decision by the Fourth Circuit before it even got to the Supreme Court was one of the worst press freedom decisions in decades. Not only was the government arguing that James Risen didn’t qualify for reporter’s privilege, they argued that reporter’s privilege do not exist at all. They even went as far to compare journalists protecting sources to journalists receiving drugs and refusing to testify about it. So, It was really disturbing on a number of levels. And The Supreme Court essentially sanctioned the Fourth Circuit ruling, meaning that in the Fourth Circuit which is the home to countless national security sources and national security journalists that reporters have much less protection than they have ever had to report on stories, that as we’ve seen over the past year, are really vital to the public interest. So, hopefully, there are other avenues to continue to protect reporters’ rights and allow them to protect their sources. But, this was definitely a setback.
AMY GOODMAN: Matt Cooper, your response to the Supreme Court decision?
MATTHEW COOPER: ... stand for transparency and whistleblowers and freedom of the press, and it should not have been brought in the first place. I am, frankly, relieved though that the Roberts court did not take this case for I fear, had they taken it, they would have come up with a ruling that would have lasted for a generation that would have been much worse than the current state we have now. I don’t think there’s any sign that the court would have taken the case and delivered a resounding victory for the press and whistleblowers. Now, I think really the only hope at this point, and there is a glimmer, is that Eric Holder’s Justice Department will refrain from prosecuting Jim Risen for contempt of court. The Attorney General had a meeting with reporters last week, seemed to hint as much. That is about all Jim risen can lean on at the moment.
AARON MATÉ: Let’s go to that quote from Eric Holder meeting last week with a group of journalists. He was asked about the James Risen’s case he told reporters that he would not be — he suggested he would not prosecute Risen. Holder said, "As long as I’m Attorney General, no reporter who is doing his job is going to go to jail. As long as I’m Attorney General, someone who is doing his job is not going to get prosecuted." Trevor Timm, your response to what Holder said, and also what Matthew Cooper has argued that this non-ruling may be a good thing because a decision from the Supreme Court could have sided against press freedom?
TREVOR TIMM: I think that was certainly a possibility, that if the Supreme Court took the case then this could have been applied nationwide and that certainly would have been a bad thing. But it is hard to speculate one way or another. All I know is that this ruling was terrible in the Fourth Circuit and now that means it is going to stand. But, as far as holder’s statement goes, I think on one hand it is good that he is saying that as long as reporters are doing their job, they will face jail, but there was a lot of wiggle room in a statement. He talked about not prosecuting journalists. And James Risen technically isn’t being prosecuted, he’s being asked to testify in someone else’s prosecution and facing contempt of court if he doesn’t comply. And so there is a way that Eric Holder can stay true to that statement and still have Risen go to jail. I’m hoping that he is not trying to get off on that technicality, and that he ultimately won’t send Jim Risen to jail if he decides not to testify. But, I think this goes to the point of — the Justice Department, is it trying to decide what reporter’s job is? Is news gathering, is protecting your source a part of a reporter’s job? And obviously, all reporters would argue it is. But it seems by at least the Justice Department’s actions so far, that they don’t believe the same thing.
AMY GOODMAN: Matthew Cooper, your response to that?
MATTHEW COOPER: Well, this has been a thorny area for a long time as Trevor knows. In my case back in 2005, even liberal justice on the D.C. Circuit, the nation’s second highest court said, while there may be a privilege for reporters to protect their sources akin to a priest and prisoner or husband-and-wife, I do not qualify for it. So, I think realistically, in national security related cases, we are not likely to see the courts or even Congress carve out protections for reporters anytime soon. I wish they would, but I fear that is not going to happen.
AARON MATÉ: Well, on the issue of a shield law, congress member Alan Grayson of Florida actually inserted some form of protection for journalists into a funding bill last week, I believe. Trevor Timm, your assessment of the prospects for a shield law coming from Congress and your assessment of the legislation right now as it stands, whether it is strong enough?
TREVOR TIMM: Well, The Alan Grayson Amendment was actually a very strong and I was actually pleasantly surprised that it passed the House in an appropriation bill. It was a very short bill saying essentially the Justice Department could not spend any money on subpoenaing journalists for confidential sources. Very cut and dry. Unfortunately, the shield law that the Senate is proposing is a much more complicated, much more watered-down version that has in the past had problems with the definition of journalist and deciding who gets protection and who doesn’t. Obviously, we don’t want Congress legislating who’s a journalist and who is not a journalist. Then we have also have this giant national security exception that probably would have meant that James Risen, if it was applied to his case, would have had to have testified immediately. So there is certainly a worry that this bill could end up backfiring. If journalist organizations are supporting it, it could actually end up sanctioning more subpoenas because they then lose the leverage they have and the ambiguity with the law and the fact they are not actually complying with any of these subpoenas and are protesting loudly. So, I am definitely pessimistic on the shield bill as Matthew is as well.
AMY GOODMAN: And Matthew Cooper, very quickly, what happens next now that the Supreme Court has turned down the case of James Risen?
MATTHEW COOPER: Well, I think it will be the same as in my case, which is it goes back to the original District Court where they’d heard and ruled against him and the prosecutor will then have to ask for some kind of penalty for Risen not appearing. That will be the big question, will he say, like, well, let’s just hold off and we’ll hold on and not do anything? In which case Risen won’t go to —
AMY GOODMAN: We’re going to have to leave it there. Matthew Cooper and Trevor Timm, thanks so much for joining us.
Former Guantánamo Chief Prosecutor Defends American POW-Taliban Prisoner Swap
In a deal brokered by Qatar, the United States agreed to release five Taliban leaders from Guantánamo Bay in return for winning Bowe Bergdahl’s freedom. Bergdahl is now being treated at an American military hospital in Germany and will return to the United States at a later date. The Taliban leaders be forced to remain in Qatar for one year. The deal has been controversial. Some of Bergdahl’s former soldiers say he should face a court-martial for desertion. Meanwhile, Republican lawmakers are accusing President Obama of failing to properly give Congress advanced warning of the Guantánamo prisoner transfers, and of endangering U.S. troops worldwide by incentivising their capture. We get reaction from retired Air Force Col. Morris Davis, who resigned as the former chief military prosecutor at Guantánamo Bay in 2007.TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AARON MATÉ: I want to turn to Colonel Morris Davis in Washington, the retired Air Force Colonel, former chief military prosecutor at Guantanamo. Colonel Davis, I believe there are now 78 prisoners still at Guantanamo who have been cleared for release. Does this deal with the Taliban showcase any greater ability by president Obama to free Guantanamo, to empty it and carry out his promise to close the prison?
COL. MORRIS DAVIS: It does. We have heard for the last several years, the pro-Obama group has said that he wanted to close Guantanamo, but Congress blocked them from doing it. I think what he did this past weekend shows that when he is determined to act, that he can act. The five left Guantanamo. I know some in Congress are upset about it, but he is the commander-in-chief. And during the Bush administration, Jay Bybee wrote a memo for Bush that said, anything Congress does that infringes on the president’s unfettered power as commander-in-chief is unconstitutional. So, I think the president this week and used that power.
AMY GOODMAN: Speaking on ABC this week, Republican Senator Ted Cruz of Texas criticized the prisoner swap.
SEN. TED CRUZ: How many soldiers lost their lives to capture those five Taliban terrorists that we just released? Ambassador Rice basically said you, yes, U.S. policy has changed, now we make deals with terrorists. And the question going forward is, have we just put a price on other U.S. soldiers? What does this tell terrorists?
AMY GOODMAN: And earlier today President Obama talked about his decision to release the five Taliban commanders from Guantanamo in exchange for Bowe Bergdahl.
PRESIDENT BARACK OBAMA: In terms of potential threats, the release of the Taliban who were being held in Guantanamo was conditioned on the Qataris keeping eyes on them and creating a structure in which we can monitor their activities. We will be keeping eyes on them. Is there a possibility of some of them trying to return to activities that are detrimental to us? Absolutely. That has been true of all of the prisoners that were released from Guantanamo. There’s a certain recidivism rate that takes place. I would not be doing it if I thought it was contrary to American national security.
AMY GOODMAN: That was President Obama in Warsaw, Poland today. Colonel Morris Davis, can you respond to both? And would you call these men who have been released and sent to Qatar prisoners of war as well?
COL. MORRIS DAVIS: Yes. It was disappointing hearing not just Senator Cruz, there have been many, John McCain and others, that have tried to use this as political capital to make President Obama look weak. I think that is a false narrative and unfortunately, too many of the public buy into it. Senator Cruz said, how many Americans died trying to capture these five Taliban figures? As best I can tell, the answer to his question is none. There is information available to the public about the five individuals and how they were captured. Two I believe surrendered to the Afghan government. There is one captured I believe in Pakistan. There’s no indication that any of these people — I think the picture that is trying — that’s being painted is that in the midst of battle that the U.S. forces captured these guys and lives were lost in the process, and that simply is not the case.
I think the president is right when he said, you can’t guarantee there will be no recidivism. I mean, if we’re waiting for the risk to be reduced to zero before you release people from Guantanamo, then they’re going to be doing a life sentence because we can never reduce the risk to zero then they’re going to be doing a life sentence, because we can never reduce the risk to zero. But, you have to take some reasonable risk. As for talking to and negotiating with terrorists? I’m just not aware of any war ever that has ended where the parties to the war don’t have negotiations and discussion. I just don’t know how you end a war without talking to the other side. And as for these five men, when I was chief prosecutor, we had screened all of the detainees and we had focused on about 75 that had the potential to be charged with a crime. When I saw the names the other day, wasn’t familiar with any of these names. So we had more than 12 years if we could have proven that they had done something wrong that we could prosecute them for I’m confident we would have done it, and we didn’t.
AARON MATÉ: And Colonel Davis, your response to this clip we heard from this -Guardian_ video where Bob Bergdahl compares the plight of the son to the Guantanamo prisoners?
COL. MORRIS DAVIS: I think it is a fair comparison. I think what Bob was trying to say there is that his family could relate to the Guantanamo detainees and their families because just like them — I mean, in Bob’s case, Bowe was being held halfway around the world, not knowing whether he would ever be released or ever come home. There is a lot of similarity between that and the families — I think we tend to forget that the 149 men at Guantanamo have families, too. They sit back home wherever they are from and wonder if their husband, father, son, will ever come home to them. So, I think it is a fair comparison. And I think that is what Bob has tried to do throughout this, is to relate to the people on the other side, to try to humanize Bowe’s plight and try to be — to show his empathy with the other side. I know he has been criticized a lot for some of the things he said, but it is easy to sit back and criticize the actions of Bob, but until you are the parent and it is your child that is being held hostage, I think it is a little hypocritical to condemn what he has done.
AMY GOODMAN: Well, I want to thank you both very much for being with us, Colonel Morris Davis, retired Air Force Colonel resigned as former chief military prosecutor at Guantanamo in 2007 and, Sean Smith, joining us from London, award-winning photographer and film maker for The Guardian. Met Bowe Bergdahl in Afghanistan in 2009 when he was embedded with his unit and then went to meet Bob Bergdahl, Bowe Bergdahl’s father in Idaho, and we played the video of that portrait that he did in Idaho. This is Democracy Now!. When we come back, the Supreme Court has refused to hear the case of New York Times reporter James Risen. Will he have to go to jail?
Headlines:
•Obama Seeks $1 Billion to Boost U.S. Military in Europe
President Obama has called on Congress to support a $1 billion plan to ramp up the U.S. military presence across Europe amid tensions between Russia and Ukraine. Obama made the announcement in Poland on the first leg of a four-day Europe trip. Shortly after his arrival in Warsaw, Obama said the United States has already boosted ground troops and F-16 aircraft in Poland.
President Obama: "I’m starting the visit here because our commitment to Poland’s security, as well as the security of our allies in central and eastern Europe, is a cornerstone of our own security and it is sacrosanct. During my visit here three years ago, I said that the United States would increase our commitment to Poland’s security. The United States honors our commitments, which you see in the aviation detachment at Lask air base. It is a commitment that is particularly important at this moment in time."
Obama’s visit comes as Ukrainian forces have launched an offensive to retake the eastern city of Slavyansk from pro-Russian rebels. The assault follows deadly fighting Monday in the eastern city of Luhansk.
•Iraq: 15 Killed After Deadliest Month This Year
At least 15 people were killed in attacks across Iraq on Monday, a day after the United Nations said last month was the deadliest so far this year. About 800 Iraqis died in violence in May, most of them civilians. The previous month, April, was the second deadliest this year with 750 killed.
•Report: Iraq Vets Sickened by Breathing in Titanium at Base
New research finds U.S. soldiers may have been sickened by breathing in heavy metals at a base in Baghdad. A researcher told USA Today six U.S. veterans who complained of shortness of breath were found to have titanium in their lungs, which matched dust samples from Camp Victory.
•China to Limit Carbon Emissions After U.S. Unveils Plan
China has announced plans to limit its total carbon emissions for the first time, just one day after the Obama administration unveiled its plan to limit carbon output from coal-fired power plants. Reuters reports the announcement was made by a Chinese official at a conference in Beijing. China is the world’s top emitter of greenhouse gas emissions, which are fueling global warming, although the United States still has higher emissions per capita.
•Syria Holds Elections Despite Civil War
Syria is holding elections today. President Bashar al-Assad is expected to win a near-total victory, despite the three-year battle to oust him. Syria’s opposition and its Western allies have denounced the election as a sham. The conflict in Syria has killed more than 150,000 people and displaced 9.5 million, about 40 percent of the pre-war population.
•Spanish Protesters Call for Referendum on Monarchy as King Abdicates
In Spain, King Juan Carlos has announced he will abdicate the throne to his son Prince Felipe. The king was selected by dictator Francisco Franco and crowned after Franco’s death in 1975. He has suffered a recent dip in popularity. His daughter and son-in-law are under investigation for corruption and, in 2012, he took a costly elephant-hunting trip to Botswana amid massive unemployment. The trip was kept secret until the king broke his hip there. Across Spain and around the world on Monday, tens of thousands called for a referendum on whether to keep the monarchy. Protests took place in more than 60 Spanish towns and cities, including the capital Madrid.
Isabel Garcia, protester: "That we’re working in this crisis to support them is, in my opinion, an insult to society that they have those exorbitant salaries. And, on the other hand, anyone who wants to govern or carry the country’s baton should stand for election. The vote is sovereign and so are the people."
Daniel Rias, protester: "This is the time. We can’t wait any longer because it’s the moment to reflect on the system. This is when it could change that they at least give the option for the people to elect what they want, what they want for their government in the future."
•U.S. to Recognize New Palestinian Unity Gov’t
Palestinian President Mahmoud Abbas has sworn in a new unity government, bringing together the factions of Fatah and Hamas after years of division. U.S. State Department spokesperson Jen Psaki said the Obama administration plans to recognize the new government.
Jen Psaki: "Well, at this point, it appears that President Abbas has formed an interim technocratic government that does not include ministers affiliated with Hamas. Moving forward, we will judge this government by its actions. Based on what we know now, we intend to work with this government, but we will be watching closely to make ensure that it upholds the principles that President Abbas reiterated today."
Israel said it was "deeply disappointed by the U.S. position" would seek to block Hamas from participating in upcoming elections.
•Supreme Court Rejects Appeal by NYT Reporter James Risen
The U.S. Supreme Court has denied the appeal of a New York Times reporter who faces a possible prison term for refusing to reveal a confidential source. James Risen had asked the court to overturn a ruling forcing him to testify in the criminal trial of ex-CIA analyst Jeffrey Sterling. Prosecutors say Sterling gave Risen information on the CIA’s role in disrupting Iran’s nuclear program. We’ll have more on the case later in the broadcast.
•Georgia: Toddler in Induced Coma After SWAT Team Throws Stun Grenade into Playpen
In Georgia, a toddler is fighting for his life after a SWAT team threw a flashbang grenade into his playpen while he was sleeping. Authorities raided the home in the early hours of the morning last week, searching for an alleged drug dealer, who was not there at the time. The grenade hit 19-month-old Bounkham Phonesavanh, who is now in a medically induced coma. He has reportedly lost the use of a lung, suffered burns to his face, and is set to undergo more surgery. Habersham County Sheriff Joey Terrell told WSB-TV a confidential informant had purchased drugs at the home.
Joey Terrell: "So when the CI done the deal, there was no indication there was children, there was no clothes, there was no toys, there was nothing to indicate that there was children present in the home. If there had of been, we would have done something different. Part of our policy is if there’s children involved when we serve a search warrant, we do not use the flashbang of course, that’s a no-brainer."
The toddler’s mother says there were children’s shoes in the house and a van parked out front with carseats visible inside. The toddler’s family was staying with relatives at the house after their own home burned down.
•Seattle City Council Passes $15-an-Hour Minimum Wage
The Seattle City Council has unanimously passed an ordinance to phase in a $15-an-hour minimum wage, the highest for a major city in the United States and more than twice the federal minimum. Depending on their size, Seattle businesses will have between three and seven years to implement the rise. Socialist City Council member Kshama Sawant, who was elected on a platform of a $15-an-hour minimum wage, spoke before Monday’s vote.
Kshama Sawant: "The attempts of business to undermine 15 will continue, well after this vote today. They may submit legal challenges, they may challenge at the ballot, they may wait for their moment to make the 'temporary' tip penalty permanent. But today’s message is clear: If we organize as workers, as a labor movement, with a socialist strategy, we can tackle the chasm of income inequality and social injustice. 15 in Seattle is just a beginning. We have an entire world to win. Solidarity."
•Report: Female Retail Workers Make $4 an Hour Less Than Men
The vote by the Seattle City Council came as a new report found that across the country, women working in the retail industry make an average of four dollars less than men. Researchers at Demos say millions of female salespeople earn an average of $10.58 an hour compared to $14.62 for their male counterparts. Retail salesperson is the most common job in the United States.
•Study: Female-Named Hurricanes More Deadly Because Not Taken Seriously
A new study has found hurricanes with female names are deadlier than hurricanes with male names, because people do not take them as seriously. Published in the Proceedings of the National Academy of Sciences, the study concludes people do not prepare as well for female-named storms. "Our model suggests that changing a severe hurricane’s name from Charley to Eloise could nearly triple its death toll," researchers wrote.
•Oliver Stone to Make Film About Edward Snowden
Academy Award-winning director Oliver Stone has announced plans to make a film about National Security Agency whistleblower Edward Snowden. Stone, whose past films include "Platoon," "JFK" and "Born on the Fourth of July," will base his film on "The Snowden Files," a book by Guardian journalist Luke Harding. Sony Pictures, meanwhile, has acquired the rights to make a film based on journalist Glenn Greenwald’s book about Snowden, "No Place to Hide," which will be produced by the makers of the James Bond films.
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