( CNN ) -- In all of the fallout surrounding the prisoner exchange for Army Sgt . Bowe Bergdahl , let 's get these points out of the way : the case for leaving no soldier behind is a sound and important one — a way to keep faith with our troops . There is historical precedent for the exchange of prisoners . President Obama likely has the legal authority he needs , as commander in chief , to order a swap . Did the president notify Congress — as in the Democratic chairwoman of the Senate Intelligence Committee — in a timely manner beforehand ? No . Had this been a matter of some internal controversy for years precisely because of the nature of any trade ? Yes . Was the White House aware of the questionable circumstances of Bergdahl 's disappearance ? Yes . Should National Security Adviser Susan Rice have thought twice before describing him as someone who `` served with honor and distinction . '' Yes , because the jury is most definitely out on that one . Should the President have held a triumphal newser in the Rose Garden to announce the release and swap ? Um , no . Absolutely no . `` The point is , you have to get him home as a way to keep faith with our troops , '' says a former senior national security official . `` Everybody gets that . Then you deal with him and the circumstances of his departure . '' As for the ceremony in the President 's backyard ? `` That was surreal , '' he says . `` Truly . '' Opinion : Five tough ethics issues in Bergdahl swap . In a way , it 's all surreal and hard to unspool . So let 's start at the policy end of all of this . This is a president whose legacy is up for grabs . One important piece : ending two wars ( Iraq and Afghanistan ) and capturing and killing Osama bin Laden . `` This ( The Bergdahl swap ) is tying up loose ends , '' says another former senior national security source . `` The administration made the decision not to leave any people there , so that was that . '' The Republicans , of course , argue that a virtually 100 % withdrawal is wrong . That the President should have instead planned for a gradual withdrawal , depending on circumstances on the ground . Then he might not have felt such pressure to clear the decks and cut this deal . Or do a victory lap in the Rose Garden . It is , they charge , pure politics . Then Obama played right into their hands . Trouble is , Republicans are playing at it , too . They 're tweeting their joy about Bergdahl 's release one minute , then un-tweeting it the next . Republican Sen. Lindsey Graham charged that this is the President 's backdoor way of emptying out Guantanamo without having to close it . Please . Who are the Gitmo detainees ? This is a serious matter . Years of internal deliberations have gone into this , according to my sources . That 's why the White House needs to make it clear why the swap was a matter so urgent that there was n't enough time to notify the appropriate people , much less consult with them . Was Bergdahl swap legal ? Depends on who you ask . Understandably , there were concerns about his safety . And even given all the delicacies of revealing health issues , it 's still an important matter to explain . Because right now , it looks like the lack of consultation is about one thing : the knowledge that there would be pushback . And , as one source puts it , `` fighting over process is always easier than fighting over substance . '' In other words , it 's easier to apologize than ask for permission . Now the administration has fights on both of those fronts . At least they 're consistent : micromanaging foreign policy from the west wing has always been a hallmark . Not that it wins you any friends — or political support . Guess it 's too late for that now . If this were Netflix , a replica of SEAL Team Six could have swooped in to the rescue , just like they did in 2011 . Ironically , my sources say , the bin Laden raid itself complicated events : If Bergdahl was in Pakistan , would that inflame an already inflamed relationship due to the bin Laden raid ? Was the intel good enough ? Was the considerable risk worth it ? Taliban video shows Bowe Bergdahl 's release in Afghanistan . The backdrop to all of this is that the same questions that are now being raised publicly had been raised internally for years — about what a `` fair '' trade would include . As CNN 's Elise Labott has reported , then-Secretary of State Hillary Clinton was skeptical of early plans to trade five Gitmo prisoners for Bergdahl . And as my national security source adds , `` people opposed the deal because it was n't great . '' But , he adds , `` they were also looking at a deal that would provoke negotiations with the Taliban . '' Hillary Clinton wanted tougher deal for Bergdahl . That is not the case now . The conflict is winding down . We 're leaving Afghanistan . No one left behind . Sgt . Bergdahl gets to go home . What lingers , sadly , is the unsettling reality that five really , really bad guys have a ticket home , too .
Susan Rice : Many of the questions surrounding Gloria Borger swap are answerable . But she says it 's hard to understand why there was a the Rose Garden announcement . Should Bergdahl have said he served with `` honor and distinction '' ? Borger : Obama 's decision to pull out of Obama may have dictated swap .