Last year, the podcast “Serial” by Sarah Koenig captivated the country. Since the end of the first season, it was made explicit that a second season was in the works. Now, rumor and speculation have it that the second season will focus on the infamous case of Bowe Bergdahl, a solider who was accused of desertion in Afghanistan and brought home in a high-profile prisoner swap. Bergdahl is now on trial for his supposed crimes–and apparently “Serial” is right there with him.

This rumor about Bergdahl comes from a Maxim piece that attributes the news to anonymous sources. The piece stated:

Last week, a preliminary hearing for Bergdahl’s case was held at Fort Sam Houston in San Antonio, Texas, to determine if the former POW will be tried in a court-martial. According to someone present at the hearing, Serial host Sarah Koenig and at least one of the show’s producers were in spotted in the courtroom.

Also present was screenwriter Mark Boal, who wrote Zero Dark Thirty. Boal’s company, Page 1 Productions, has apparently been working on bringing Bergdahl’s story to the big screen ever since his release, and several anonymous sources familiar with the production tell Maxim that Boal has provided the Serial team with research material, including taped interviews with Bergdahl.

The piece mentioned that “Serial” had reportedly spoken to former members of Bergdahl’s unit as well.

Given these pieces of information–as juicy and gossipy as they may be–it seems pretty clear that “Serial” season 2 will focus on Bergdahl. But that makes for an interesting juxtaposition. The first season focused on case that, save those who have an excellent memory and resided in the greater Baltimore area in the late ’90s, no one really knew about. There was plenty of local media coverage, but prior to “Serial,” the names Adnan Syed and Hae Min Lee were cloaked in a reasonable level of anonymity.

On the other hand, Bowe Bergdahl’s story made national and international news when he was brought back to the United States last summer. Bergdahl maintains that he was captured and held hostage by the Taliban, but some of his fellow soldiers claim that he walked away deliberately. His trial will explore who is telling the truth; if found guilty Bergdahl could be looking at a life sentence.

It will be interesting to see if the differences between the two cases affect the production and reception of the podcast. While many “Serial” listeners quickly developed their own theories about Syed’s guilt or innocence, for the most part the only information they had was disseminated through Koenig and the show. But in Bergdahl’s case, many will have already made up their minds, given the level of coverage it has already received. One thing is for sure, however: if it’s anything like “Serial” season 1, it will certainly keep listeners enthralled.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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In recent weeks, the swap of Bowe Bergdahl in exchange for Taliban leaders has sparked much criticism and mixed reactions towards the United States’ policy on dealing with terrorists. Congressional leaders are upset that they did not receive notification prior to the prisoners’ exchange. Others are fearful that the deal makes the United States appear to negotiate with terrorists. So, what does all of this mean–did President Obama make the right call to bring back Bergdahl? Most importantly, what are the future implications for American diplomacy? Here is everything you need to know on the Bergdahl’s exchange.

Who is Bowe Bergdahl?

Bowe Bergdahl is a soldier in the U.S. Army who was held captive by the Taliban-affiliated Haqqani network in Afghanistan from June 2009 to May 31, 2014. Bergdahl was released to the United States in exchange for five senior Taliban members who were held at Guantanamo Bay. The controversy surrounding Bergdahl’s release has made him one of the highest-profile POWs in decades. The exchange itself can be seen in the Taliban video below:

A celebration in Bergdahl’s hometown of Hailey, Idaho was cancelled due to the controversy and Bergdahl’s family has been receiving threats. Bergdahl is currently recovering in Germany, where he is speaking but still has not contacted his family or anyone in the United States. The focus is currently on Bergdahl’s emotional recovery, but officials are hopeful he will soon be able to shed light on his story.

How and why was Bergdahl captured?

The circumstances surrounding Bergdahl’s capture remain disputed. National Security Advisor Susan Rice claimed on ABC that Bergdahl “served the U.S. with distinction and honor.” However, numerous reports claim Bergdahl to be a deserter who grew increasingly disillusioned with the U.S. effort in Afghanistan. According to first-hand accounts, Bergdahl walked off his post and left behind a note along with his body armor and rifle. An unnamed defense official confirmed that Bergdahl walked off the post without authorization. It is reported that Bergdahl’s desertion led to the death of at least six troops in the search for him, though it is unclear if these deaths were directly related to the search for Bergdahl. According to an essay in the Daily Beast by Nathan Bradley Bethea, a former sergeant in Bergdahl’s battalion, “Every intelligence aircraft available in theater had received new instructions: find Bergdahl.” Troops were concerned Bergdahl may be providing the enemy with information. Bergdahl’s former squad leader, Justin Gerleve, goes so far as to tell CNN that following Bergdahl’s disappearance, “The attacks did get more direct, the IEDs did get more pinpoint to our trucks.” Reports dating to 2009 claim Bergdahl had wandered from his assigned areas before. The U.S. Army, currently investigating the claims made by those who served alongside Bergdahl, has yet to confirm any of these accusations.

What led to his release?

A deal involving Bergdahl’s release had been considered for several years but talks had continually broken down. In January 2014, the White House received an emotional video of Bergdahl whose health appeared deteriorated to the point of near death. The Obama administration stated the new health concerns conveyed the need to move quickly to bring Bergdahl home. While Bergdahl is currently listed in good health and reports of his desertion surface, President Obama has defended the decision in claiming the United States cannot qualify the release of a U.S. soldier. Some have praised Obama for his shown commitment to bring back POWs and for refusing to leave a soldier behind as the war ends. Obama defends his actions in the video below:

Relative secrecy of the deal was required as any information leaked from the deal was a clear threat to Bergdahl’s life by the Haqqani. Later, the administration added to its rationale that Bergdahl’s value to his captors was diminishing as negotiations had previously failed and the end of the war in Afghanistan was quickly approaching.

What were the arguments against his release?

The problem many have with the deal is that the President Obama failed to follow the requirement that the Defense Secretary notify appropriate Congressional committees at least 30 days prior to the transfer of any prisoners at Guantanamo Bay. The National Defense Authorization Act stipulates the 30-day notification, but Obama did write a signing statement in December 2013 concerning the potential unconstitutionality of this Act. The statement outlines Obama’s concern that the Act could limit his ability to act quickly in conducting negotiations regarding detainee transfers, such as the fast action required to swap for Bergdahl. Still, members of Congress want answers for why they were not briefed. Defense Secretary Chuck Hagel is to testify in front of the House Armed Services Committee on the release of Bergdahl. The clip below discusses the alleged illegality of the swap:

Other concerns involve what future threats the five detainees involved in the swap may pose to the United States. Negotiations for the deal were made through Qatar, who promised the United States that the former prisoners would stay in Qatar and be prohibited from participation in terrorist activities for one year. The five released were all in their mid-to-late 40s and were the most senior Taliban leaders still in the hands of the United States. Questions surround what will happen when their one year travel ban in Qatar expires and what, if any, other restrictions are in place. Secretary of State John Kerry discusses the release of the Taliban and future U.S. actions below:

Discussion has also arisen regarding Bergdahl’s punishment. If Bergdahl was a deserter, the severe law on wartime desertion could mean Bergdahl would be subject to further punishment even beyond his five years already spent in captivity. Current punishment for military desertion could result in death, though it is highly unlikely Bergdahl would face such an extreme punishment.

Is this a new foreign policy stance?

Throughout the War on Terror and especially following the attacks on September 11,  it has been made clear the United States does not negotiate with terrorists. Some argue the prisoner exchange has made the United States appear to negotiate with terrorists, which has fueled fears that more Americans will be captured to be used as a bargaining chip. However, the United States has negotiated in the past to free American hostages, most notably in the 1979 Iranian hostage crisis, in freeing hostages taken by Hezbollah in Lebanon in the 1980s, and even in trading Iraqi militants for the release of British civilian Peter Moore in 2010. It could be argued the country has entered a different era in foreign policy and in dealing with terrorists, but clearly the United States has traded for hostages in previous decades. Listen below  to the discussion of what message is being sent by the swap:

Will this have any impact in Afghanistan?

While negotiations were made through a third party of Qatar, the negotiation process has illustrated that it may be possible for the United States and Taliban to find some small area of mutually beneficial common ground. The Taliban showed good faith in the talks and a degree of trust was established. With this prisoner swap as a potential first step, greater talks in the future may come as the war continues to wind down. Some argue the deal conveys American weakness, as statistics from the Office of the Director of National Intelligence show more that 16 percent of detainees released from Guantanamo Bay have returned to terrorist activity, while 12 percent are suspected of having returned to terrorism. One of the released, Noorullah Noori, has reportedly already told relatives he hopes to return to Afghanistan to fight Americans. But as the War in Afghanistan is soon set to end, the United States will have to release its prisoners at Guantanamo Bay if the prisoners are classified as POWs under international law. If the prisoners are to be released anyway, it makes sense to use them as a tool for negotiation rather than setting them free and coming away empty-handed. The real question becomes what will happen when detainees are set to be released and the United States no longer gets something in return. Could the swap have energized the opposition so closing Guantanamo Bay will become even harder?

Resources

Primary 

Barack Obama: 876-Statement on Signing the National Defense Authorization Act for Fiscal Year

Additional 

Politico: Rice: ‘Sacred Obligation’ Led to Bergdahl Swap

Weekly Standard: Susan Rice: Bergdahl Served with Honor and Distinction

Washington Post: Obama: No Apologies for Bergdahl Release Deal

USA Today: Bergdahl Trade More About Guantanamo

CNN: Kerry Defends Bergdahl for Taliban Exchange

Daily Beast: We Lost Soldiers in the Hunt for Bergdahl

Blaze: We’ve Got Bigger Problems: The Broader Implications of the Bergdahl Release

Wall Street Journal: Trading With the Taliban

CNN: Bergdahl’s Former Squad Leader: He Did Not Serve with Honor and Distinction

CNN: The Six Soldiers at Center of Bowe Bergdahl Debate

Wall Street Journal: Behind Bowe Bergdahl’s Release, a Secret Deal That Took Three Years

MSNBC: Bowe Bergdahl: Deserter or Hero?

CNN: Was Bergdahl Swap Legal? Depends on Who You Ask

USA Today: Army Says it Will Launch a New Review of Bergdahl Capture

Washington Post: The Timeline You Need to Understand the Bowe Bergdahl Story

Alexandra Stembaugh

Alexandra Stembaugh graduated from the University of Notre Dame studying Economics and English. She plans to go on to law school in the future. Her interests include economic policy, criminal justice, and political dramas. Contact Alexandra at staff@LawStreetMedia.com.

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