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Interesting remarks from a former Bush official from a FOX Interview...that I for some reason went missing on their website

“I don’t see how these particular Taliban officials could ever have been tried in the southern district of New York,” John Bellinger, who served as an adviser to President George W. Bush explained during an appearance on Fox News Tuesday. “They’re certainly some Al Qaeda detainees who committed actual terrorist acts against Americans who perhaps could have been tried in a federal court because they committed federal crimes, but these particular Taliban detainees I think could never have been tried in federal court.” Although some of the released prisoners posed a danger to the United States when they were captured in 2002, especially toward soldiers serving in Afghanistan, several of the detainees did not commit crimes against Americans.

“I’m not saying this is clearly an easy choice but frankly I think a Republican, a president of either party, Republican or Democratic, confronted with this opportunity to get back Sgt. Bergdahl, who is apparently in failing health, would have taken this opportunity to do this,” he added. “I think we would have made the same decision in the Bush administration.”