Among our top story Israel the end of sergeant -- -- Afghanistan prisoner ordeal. But don't become something of a Washington ordeal. Fully Obama administration. Listen on top 41 controversial issue in the deal to free sergeant -- concerns whether the administration broke the law that called for -- congress in before the release of terror suspect prisoners from Guantanamo the other the issue of releasing such people and all of national security advisor Susan writes. Because it was the Taliban that had him did not. Mean that we had any loss of an obligation to bring him back she was on CNN's state of the union but we did was insure that as always United States doesn't leave a man or woman on the battlefield Tom Foley CBS news Washington. Let's talk about this now decorated Iraq War veteran David Olivia is in studio and Patrick Welch veterans advocate in former county veteran services chief. And David let me start with you I'm Leah bird -- release over the weekend the united has led some in congress to question. What happened to the policy of not negotiating with terrorists. Well there's up a couple of just glaring issues problems that we have -- first ball the president actually has no authority. Outside the declaration of war there is no declaration of war against al-Qaeda we don't have the declaration of war against Taliban. So we cannot have a prisoner exchange because there are two parties that are of the Geneva convention. Acknowledges as to fighting sides. Without congressional oversight so what Susan -- just said. You know go figures completely ridiculous the second thing is. Everyone wants to see you know soldiers commit missing in action POW people return home. While this administration talks about the importance of leaving no man behind. We just closed. The MIA recovery center out of Schofield barracks in Hawaii. This was the hundred million dollar budget that was responsible for tracking down our our those we left behind in Vietnam and in the Pacific campaign. This administration just cut that budget completely. Undersecretary -- -- can't say that it's so we leave no man behind but we just basically close the chapter on Vietnam and the hundreds of people that we did thousands of people that we never recovered. And the third thing is we want -- or go home this family. And now it's time for him to be accountable. For his actions and he should face UC MJ investigation. John McCain in these other heroes that were POWs. Never voluntarily chose. To leave their -- they were taken prisoner of war in the commission of their duty. And this young man made a horrible decision but like all soldiers those decisions have consequences OK Patrick Welch. Maybe you can help explain what David just begin to talk about. Horrible day of the disappeared no one knew where he was -- me without saying he went a wall. He just simply disappeared before he was captured then correct he walked away from his post. -- mean there's no question about it now what his intense work. We will hopefully find out in the future but he in my view based on the information I'm aware of he deserted his position. And he cost Hawaii so. Many many. Of his fellow soldiers you Arianna FaceBook posts from -- gentleman who claims to have man there who listed the names. Of all of the people who were killed in action trying to recover this man. And if in fact he did deserted his post he has caused a great deal of grief and consternation amongst his military -- -- so via the US exchanged hands for five Taliban prisoners from gitmo. Is this a dangerous precedent. It's it's dangerous it it doesn't even. To -- this. This is we're we're out of the bill were not even in the ballpark of a precedent this has never happened before. When we did exchanges. You know without the NBA -- we decided to return prisoners. This was a pity that this was a situation where you had one side in the middle of a peace negotiation. Now what is the incentive for the Taliban or any al-Qaeda person. To now go into these areas and kidnapped soldiers in Germany in Kosovo. You now know that you're gonna get a five to one ratio. You know you now have the incentive to take these people live it we have -- a marine in Mexico right now he's the Mexican prison. And you know what is the into -- there's now an incentive for. You know these terrorist organizations to go to foreign countries that we don't expect to have you know hostility -- -- anywhere else get a guy at a bar grab them. And now try to make an exchange. I mean this is the very definition of why you don't negotiate with terrorists. Also written her at least five guy is from the Taliban are pretty bad guys. And what's to say that they don't slowly drift back -- terrorism and make life miserable for Americans and they'll listen to country or universally well. They are dedicated geologists. And they're single goal in life is to kill infidels. And to think that your gonna put them back in and I think was Carter that negotiated this the space Carter. Is an ally if you will and I put ally in quotes because we truly have very few allies. In this world and they will be back out they will be planning they will be directing. More attacks against Americans. We're talking about the bird don't release with decorated Iraq War veteran David Sylvia and Patrick Welch of veterans advocate in former county veteran services chief. David let me start with you on this segment regarding the prisoner exchange for the release of -- -- -- set off the -- This is going to blow up. I'll -- tell us about what -- first of all look I mean a lot of good people. Get do you lies and TW lies and kill people they're good people who made mistakes that still accountable for those mistakes. On the -- -- were were very glad he's with his family. I believe that while some families because of -- -- actions have to visit their sons and Arlington. I believe the bird -- should be visiting their son in leavenworth. And that prison this he should not qualify for POW medal I don't wanna hear anyone call this kitty hero. When you are what's called dust one duty status whereabouts unknown. A lot of five for example we have a mother here and Williams -- lost her son. When Dakota Meyer received the medal of honor. Her son was behind enemy lines he lost his life fighting the enemy close quarters. We didn't know where his body wants his body had to be retrieved to bring them back when you get a gust one. You fight. Like cats and dogs cop Keating remember when Keating was overrun. Keating was overrun because all of our assets were trying to find this punk who walked off his -- We lost people -- cop Keating because there wasn't enough security and drones and everything else to support. That fight. I mean you could literally connect all the people that have died and lost a limb. To this kids actions are truly want come hell or high water he's gonna count for that. And that you -- that UC MJ has a policy for that that's desertion and that's not honorable and he should -- he should atone for. The Obama administration Patrick Welch if you wanna weigh in on this -- to the Obama administration had to expect criticism likeness and do you feel they've got to be prepared to have some answers when this man as introduced. Well of course they do way I think this administration. It has been replete with. Instances where they just don't get anything done and it seems like they don't -- know what they're doing. From one instance to another I don't think they think very much through. This man we should not ever have negotiated directly with the Taliban even it's if it's through -- And we should not have ever released these five Jihad lists. Back into the fight.