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TERROR WARS
Obama blasts Guantanamo provisions as he signs defense bill
by Staff Writers
Washington (AFP) Dec 20, 2014


Investigation into ex-POW Bergdahl over: US officials
Washington (AFP) Dec 20, 2014 - The US Army has wrapped up its investigation into how an American soldier was captured by Taliban insurgents in 2009, and now senior officers will weigh the findings, Pentagon officials said Friday.

Sergeant Bowe Bergdahl was held by militants as a prisoner of war after disappearing from his base in eastern Afghanistan.

He was released in May in a swap for Taliban inmates held at the US-run prison in Guantanamo Bay, Cuba.

After questioning Bergdahl and others, US Army investigators have finished their inquiry and now top commanders and officials have to decide on the next step, officials said.

US Defense Secretary Chuck Hagel was due to be briefed on the findings, officials said.

"The secretary has not been briefed on the results of the Bergdahl investigation. I suspect he will be, perhaps as early as this afternoon," Pentagon spokesman Rear Admiral John Kirby said.

Army officers could conclude that Bergdahl did nothing wrong or order that he face a court martial for alleged desertion -- a charge that in theory carries the death penalty, although execution would be highly unlikely.

The US Army appointed Major General Kenneth Dahl to question the 28-year-old after President Barack Obama came under fire for releasing five Taliban prisoners from Guantanamo Bay to Qatar in exchange for Bergdahl's release in May.

Obama has defended the deal, saying it was an iron-clad principle for the United States to secure the release of its prisoners of war.

Some soldiers have alleged that Bergdahl walked out of his unit willingly, putting other troops at risk as they searched for him.

Their account has sparked outrage in some circles over the prisoner swap.

Bergdahl is being defended by prominent lawyer Eugene Fidell, who teaches at Yale Law School.

Fidell, while declining to discuss the case in depth publicly, has said that Bergdahl was proud to wear the US uniform and has been made a scapegoat by people opposed to closing down the controversial prison camp in Guantanamo Bay, Cuba.

After undergoing health exams, Bergdahl has returned to duty and is working an office job at Fort Sam Houston in Texas.

The Pentagon said it was up to the Army as to whether the details of the probe would be released

"It is an Army investigation, and it is Army's decision to determine what, if anything, they will do," Kirby told reporters.

President Barack Obama on Friday signed into law America's annual defense policy bill, but he blasted provisions that ensure the Guantanamo Bay prison will stay open for now.

One of Obama's first actions as president was to order the closure of the prison facility in Cuba, set up 13 years ago under president George W. Bush, but he has been thwarted by domestic and international obstacles.

Obama said he signed the defense policy bill, known as HR 3979, because it provides "vital benefits for military personnel and their families, as well as critical contingency authorities needed to counter the Islamic State" group and other emerging threats.

But he criticized the law for including provisions that bar the United States from building or modifying any prison facilities to house the Guantanamo inmates.

"As I have said many times, the continued operation of this detention facility weakens our national security by draining resources, damaging our relationships with key allies and partners and emboldening violent extremists. Closing the detention facility is a national imperative," Obama said in a statement.

"Instead of removing unwarranted and burdensome restrictions that curtail the executive branch's options for managing the detainee population, this bill continues them."

Six years after Obama was elected having made a campaign promise to close the prison, 136 detainees still remain, 67 of whom have been cleared for release by either the Bush or Obama administrations.

"The Guantanamo detention facility's continued operation undermines our national security. We must close it," Obama said.

"I call on members from both sides of the aisle to work with us to bring this chapter of American history to a close."

The Guantanamo Bay prison -- built to house terror suspects after the September 11, 2001 attacks -- has long been controversial, both for the incarceration of uncharged and untried suspects and for the brutal interrogations of some detainees.

Obama also suggested he could use his powers to speed up the transfer of some prisoners, even without Congress's approval.

"The executive branch must have the flexibility, with regard to those detainees who remain, to determine when and where to prosecute them," he said.

"In the event that the restrictions on the transfer of detainees operate in a manner that violates constitutional separation of powers principles, my administration will implement them in a manner that avoids the constitutional conflict."

US defense chief Chuck Hagel also criticized the new act, saying it prevented the Defense Department from pursuing many cost-saving measures.

"The longer we defer tough choices, the more difficult they will become down the road," Hagel said in a statement.


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