how on earth did Tom get back from NYC?

ok i know im harking on this and im sure its just a continuity error but i thought Gregg Nations woulda been more on this. Ben made a big deal about how their communications were useless after Desmond turned the fail safe key and that the sub wouldnt be able to return anymore. well Tom took it after that and came back seemingly without a problem so wtf? continuity error or was Ben and Mikhail lying when they said that they could no longer leave and return. im inclined to believe the former but im wondering what others think

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