Obama went to court to keep one of the 'Taliban Five' freed in Bergdahl deal locked up at Guantanamo Bay – just three years ago!
PUBLISHED: 14:38 EST, 9 June 2014 | UPDATED: 15:53 EST, 9 June 2014
The Obama administration released Khairulla Said Wali Khairkhwa and four other Taliban terror leaders to Qatari officials on May 31 in exchange for the safe return of Army Sgt. Bowe Bergdahl, a man now accused of desertion
In 2011 a federal judge ruled that one of the five Taliban terror leaders traded by the White House for Army Sgt. Bowe Bergdahl nine days ago was too dangerous to consider releasing, even if he had little chance of ever receiving a trial.
The same Obama administration that downplayed the likelihood Khairulla Said Wali Khairkhwa could return to the battlefield against the U.S. argued three years ago that he should be denied habeas corpus rights and kept locked away in an orange jumpsuit at the Guantanamo Bay detention facility.
The U.S. solicitor general's office, arguing on behalf of the president – the named defendant in a federal lawsuit – told the court that Khairkhwa was in the class of terrorists who were actively involved in the leadership of a group that killed Americans.
U.S. District Judge Ricardo Urbina wrote that '[t]he government contends that the petitioner, a former senior Taliban official, is lawfully detained because he was part of Taliban forces and purposefully and materially supported such forces in hostilities against the United States.'
He was also 'a member of the Taliban's highest governing body, the Supreme Shura,' the judge wrote, and 'was a close associate of Taliban leader Mullah Mohammed Omar, who appointed him Governor of the province of Herat in 1999.'
News of the apparent flip-flop in U.S. policy was
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