Stephen Preston, the Pentagon’s general counsel, compared the Bergdahl exchange to the securement of the release of Blackhawk Down helicopter pilot, Michael Durant form a Somali Warlord, in that in both cases, the US negotiated with non-State groups that could be considered terrorists.
Not true.
Robert Oakley, sent to Somalia by President Clinton to secure Durant's release, has rejected the comparison saying he told the Warlord and his clan that the deal would be that they release Durant and the US won't destroy them and the whole city. I wouldn't exactly call that an opening offer in a process of negotiation.
The substance of Oakley's rebuttal was not classified information, and even if it were, it most likely would have been available to Preston during his tenure as CIA general Counsel.
Durant was released.
Eight months later a few Somali prisoners were released.
WAPO Confirmation
President Clinton nominated Preston for General Counsel of the Navy. He was confirmed. He also served as Deputy Assistant Attorney General under Clinton.
President Obama nominated him for General Counsel of the CIA and he was confirmed. During his confirmation hearings for the Pentagon GC spot, Preston was pressed by Democrat Senator Udall to testify that he did not play a central role in the CIA's response to the Senate Intelligence Committee's critical report on CIA interrogation and detention practices, and that he did not agree with it. The testimony led to Udall withdrawing his hold on the nomination, which was then confirmed.
(Stephen Preston should not be confused with Steve Preston who served under Bush in HUD)
John Brennan was the CIA Director at the time the CIA response (rebuttal) was made and the confirmation hearings were held. Brennan has more than 25 years with the CIA and served under President Bush. President Obama nominate him for the position of CIA Director after General Petraeus resigned and Mike Morell served as Acting Director for four months.
So either Preston didn't know what he was talking about when he made the comparison or he was carrying water for the White House.