Posted By Josh Rogin Share

The pending deal to move senior Taliban figures from Guantánamo Bay, Cuba, to Qatar is part of a trade for the return of a Western prisoner, according to Senate Intelligence Committee Chairwoman Dianne Feinstein (D-CA).

The Obama administration's plan to move five top Taliban officials to live under house arrest in Qatar has been extensively reported but never openly discussed by administration officials. And until Feinstein confirmed it to The Cable, the fact that the crux of the deal is a swap for a Westerner had never been publicly disclosed.

"That's the framework of the exchange. But it's presented as a confidence-building measure," Feinstein said. "We are giving up people who killed a lot of people, people who were head of major efforts of the Taliban."

Feinstein said the deal involved the trade of one Westerner for the five Taliban leaders. She also confirmed the name of the Westerner in question, but The Cable has agreed to withhold that name at the request of U.S. officials out of concern for his safety.

Under the deal, the United States would reportedly place the Taliban officials under the responsibility of the Qatari government, where they would ostensibly remain under some degree of supervision and imprisonment. According to reports, the prisoners being considered for transfer include Mullah Khair Khowa, a former interior minister; Noorullah Noori, a former governor in northern Afghanistan; and former army commander Mullah Fazl Akhund.

But Feinstein said she opposes it.

"These are major Taliban figures, they are not minor people. And they will not be in the same kind of custody, maximum-security custody. Forget that it won't be Guantánamo, just maximum-security custody," she said. "And in my view, there's no way of knowing what they may do and what kind of propaganda they may breed."

Afghan officials have spoken about the deal as a step toward peace talks meant to end the decade-long Afghanistan war, but U.S. lawmakers suspect the released Taliban could eventually end up returning to the fight.

Feinstein said the timing of the deal, with the Taliban still actively engaged against Western forces on the battlefield, was particularly problematic. "To do this as just a confidence-building measure without any acceptance by the Taliban of any rules or agreements or anything else, and at a time when the Taliban are still carrying out raids, planting IEDS, still killing people.... I think if you're able to achieve with the Taliban an agreement then it wouldn't be as horrible as it is," Feinstein said.

The administration has sought hard to preserve the secrecy around the prisoner trade, and administration officials won't confirm any of the details publicly.

Last week, White House spokeswoman Caitlin Hayden denied that a deal had been struck, saying, "The United States has not decided to transfer any Taliban officials from Guantánamo Bay" after reports surfaced that the Taliban leaders in question had agreed to be transferred.

"We are not in a position to discuss ongoing deliberations or individual detainees, but our goal of closing Guantánamo is well established and widely understood," she said. "In general, any decision to transfer a detainee from Guantánamo would be undertaken in accordance with U.S. law and in consultation with the Congress."

On Jan. 31, top administration officials briefed eight senators on the deal, including Feinstein. The other senators invited to that classified briefing were Senate Majority Leader Harry Reid (D-NV), Minority Leader Mitch McConnell (R-KY), Senate Intelligence Committee ranking Republican Saxby Chambliss (R-GA), Senate Armed Services chiefs Carl Levin (D-MI) and John McCain (R-AZ), and Senate Foreign Relations Committee leaders John Kerry (D-MA) and Richard Lugar (R-IN).

In a brief interview Tuesday, Levin declined to comment in any way on the trade. But he did say that he was opposed to any Taliban transfers unless it was part of a peace process.

"I believe that before there's a transfer of anybody that there should be some progress in the negotiations and discussions. That should be used as a way of promoting progress in the discussions with the Taliban, rather than doing that before those discussions have any evidence of success," he said.

McCain, in his own brief Tuesday interview with The Cable, said that a prisoner swap wasn't necessarily a bad idea in principle. But he poured cold water on the notion of linking any such swap to peace talks with the Taliban.

"If it's intended to be a ‘confidence-building measure,' that is an extreme measure. If it's a swap, it's worthy of consideration of Congress, if that is the premise of it," said McCain, a former prisoner himself. "But they're doing it as a ‘confidence-building measure.' That's not confidence building."

PAUL J. RICHARDS/AFP/Getty Images

 

F1FAN

2:20 PM ET

March 14, 2012

what kind of propaganda they may breed.

I can guarantee Senator Feinstein that whatever propaganda they 'breed' won't be near as effective as the the propaganda we give them on a silver platter by detaining people for the rest of their lives with no due process or legal recourse. What an idiot.

 

YANKEE

3:38 PM ET

March 14, 2012

Due process...

The only idiot here is the one asking due process for terrorists. Hey genious do you know what kind of "due process" exists in Afghanistan? NONE. You are so arrogant you believe terrorists from Afghanistan should be given due process...while we are at war. WOW.

Why don't you spend as much time learning about our COMMON enemy as you do sitting on the sidelines, in all your comfort, and critizing your own country for treating these guys ten times better than they treat us. Do you have a clue about how this part of the world operates? Get your pathetic self on a plane to Afghanistan and go lecture the Taliban about your grand due process requirement...see how long they take to summarly execute your clueless self with NO due process. Ha. Yea I know you will do nothing but complain.

 

XANA

12:06 AM ET

March 16, 2012

... is what makes one side better than the other.

Due process is one the basic principles of Western civilization that makes it superior to fundamentalist Taliban justice.

Which is why it is enshrined in the UN declaration of universal human rights.

If we're not fighting for that, then what?

 

DEANNABAKER

9:27 PM ET

March 28, 2012

thats interesting

They are going to put those top officials under house arrest? I've never actually heard of burglar alarms being put in place so they can keep people in?

 

YANKEE

3:28 PM ET

March 14, 2012

The Taliban IS Al Qaeda

I would be interested to hear from these prisoners whether they regard themselves as being members of Al Qaeda. I've read recently where Taliban leaders have stated clearly they are the same thing.

In any event if such a trade is to happen it would only be fair for these terrorists to be delivered in the same state or worse than our own POW. This POW will likely never be the same. As opposed to these prisoners whom have lived a very comfortable life in Guantanamo compared to their homeland. Expose the five to toxic radiation sufficient to kill them within 3 yrs. after their release. Or just assinate them. War is Hell. Give it to them like they do unto us.

 

XANA

12:10 AM ET

March 16, 2012

taliban != AQ

AQ = whahhabist/salafist terrorist network

Taliban = Afghan mainly Pashtun tribal warbands. Hosts AQ.

Have you been living in a cave for the last eleven years?

 

SHELLY KRESGE

3:55 PM ET

March 14, 2012

Maximum-Security Custody

Swapping or trading 5 major Taliban figures to a Westerner prisoner, I think, is not a very good idea. The present custody of the Taliban prisoners with maximum security like genomma lab should be left as it is. In any case of swapping, maximum security must be retained because who knows what else they can do and what they will do.

 

L4V4

4:14 PM ET

March 14, 2012

Al Qaeda need to be stopped

I dont know whats so difficult about it.

 

LEAPOLD

7:01 PM ET

March 14, 2012

The Real Problem

I served the US military at Gitmo- we need to close the facility. It's one of the most horrible places on earth for reasons I can't really say. Someone proposed this plan to close it (http://www.ipetitions.com/petition/taxpayers-close-guantanamo/) and I think we should actually do this.

 

LS1813

12:58 AM ET

March 15, 2012

Bowe Bergdahl

How about trading them for the only U.S. soldier held in captivity in Afghanistan, Bowe Bergdahl. Or has he already been forgotten?

 

MJGRANGER

9:08 AM ET

March 19, 2012

Gitmo and Trading "Prisoners"

The detention facility at Gitmo is the finest such facility in the world, and Americans are the best at upholding the Geneva Conventions and treating detainees with dignity and respect. With that said, detainees, or, in this case, unlawful combatants, are not entitled to extra legal privileges for BREAKING the Geneva Conventions and Law of Land Warfare. The conventions and law were written to PROTECT innocent civilians and property during wartime, not to give extra legal privileges to those who PRETEND to be innocent civilians in order to KILL innocent civilians and DESTROY public property. A "prisoner" swap might be a noble thing, were it to exchange lawful combatant Prisoners of War (POW's), but in this case, we hold NO LAWFUL COMBATANTS because there are none in our struggle against Islamist extremists. By definition, Taliban and al Qaeda are UNLAWFUL COMBATANTS, and therefore not privileged in any sense. Still, by law, they are entitled to be released at the end of hostilities if they cannot be proven to have committed a war crime. So, as far as I'm concerned, they can stay at Gitmo for AS LONG AS IT TAKES.

 

MAXIMB

10:27 PM ET

March 22, 2012

The rise of anti-Israel

The rise of anti-Israel sentiments is a bit troubling but it's time we as Americans examine our disastrous relationship with Israel to which the average American doesn't benefit..

"Is rio orange war always comparateur forfait mobile inevitable ?"
MaximB

 

John Hudson reports on national security and foreign policy from the Pentagon to Foggy Bottom, the White House to Embassy Row, for The Cable.

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