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Bowe Bergdahl faces life in prison for cowardice

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Army Sgt. Bowe Bergdahl will face charges of desertion and misbehavior before the enemy in a general court-martial, instead of a misdemeanor-level forum, the Army announced Monday. A conviction could result in a life sentence for the accused deserter.

Bergdahl was held prisoner by the Taliban for five years and freed in exchange for five alleged terrorists being held in Guantanamo Bay by the Obama administration, a controversial deal many conservative lawmakers have since denounced as unethical or even illegal.

Bergdahl’s attorney, Eugene Fidell, said the convening authority — a high-ranking officer charged with deciding whether evidence warrants a court-martial — did not follow the advice of a preliminary hearing officer when he upgraded the charges.

Lt. Col. Mark Visger had previously recommended that Sgt. Bergdahl’s case be referred to a special court martial, which is a misdemeanor-level forum. That limits the maximum punishment to reduction in rank, a bad-conduct discharge and a term of up to a year in prison.

Bergdahl, of Hailey, Idaho, walked off his post in eastern Afghanistan’s Paktika province on June 30, 2009, and was captured by the Taliban and held for nearly five years.

The U.S. Army Forces Command charged the 29-year-old Bergdahl on March 25 with “desertion with intent to shirk important or hazardous duty” and “misbehavior before the enemy by endangering the safety of a command, unit or place.”

Separately, Fidell, a military justice expert who is also a visiting lecturer at Yale Law School, complained about political figures who have made derogatory statements about Bergdahl.

Fidell previously has complained about Trump calling Bergdahl a traitor.

Fidell also asked the House and Senate Armed Services committees to avoid further statements “that prejudice our client’s right to a fair trial.” The House committee last week issued a 98-page report criticizing the Obama administration’s decision to swap the five former Taliban leaders for Bergdahl.

A date for an arraignment hearing at Fort Bragg, N.C., will be announced later.

 

The Associated Press contributed to this article. 

About the Author

Stephen is a U.S. Army veteran with over a decade of combined experience in political commentary, economics, and news.

Comments

  1. Mooschy says

    He has the deaths of good honest brave soldiers who were killed looking for his dumb ass, he’s done.

    • David says

      I don’t believe he is a coward just made some VERY stupid decisions that endangered his fellow soldiers.

      • Diana says

        You are nuts this guy should be facing a firing squad at the least tired of bleeding hearts that are distroy are Country.

      • SJ Jolly says

        If he was a coward, wouldn’t he have tried to hop a flight back to the USA, or at least Europe?

      • RiRi says

        You don’t believe he is a coward? Are you kidding me? He is a pussy! A poor excuse for a man and just at the age of the “entitled” society. I hope he gets LIFE and then I would go after that other poor excuse of a President and throw his ass in jail as well for trading 5 count em 5 Taliban murderers.

      • RiRi says

        In total agreement and I do not believe in the death penalty but this guy caused good earnest soldiers life and limb. Firing squad , ship his ass to Korea and let them do it

    • Aached Haazmatt says

      I thought the death penalty for desertion was OK? Wait a minute! Him and his daddy are muslim……………..2 years of very stern probation!

  3. Beverly Ward says

    You’re kidding! We have a pres who has commuted more crimes than this soldier combined. This is like calling the skillet black.
    On top of that, 4 terrorists were set
    FREE for his life. This is sick America.
    Are we ever returning to justice
    Our country is in a mess. Liberties
    Abused, crimes committed right in
    Front of our faces and massive, ceaseless lies on national TV and
    Media and America just back down.
    We have to get repubs in leadership
    Again. VOTE TRUMP ????????????

    • Jean says

      Bergdahl should have to pay for what he has done. He should not have received promotions while absent since it was known he walked off the base. He deserves prison time and he should consider himself lucky that he wasn’t shot. Obama caused this big mess by trying to show partiality to a cowardly Muslim sympathizer. Put him away so all of us can forget the shame he brought on our country by his desertion and capture by the enemy. It’s his fault. He should have to pay.

      • John L says

        Obama should be held accountable Too! The people he released in the so called trade are Terrorist Criminals and always will be, and they have resumed their role in Terrorism! The trade was illegal to start with…so why isn’t he being indicted and charged like any law breaker? Where is Congress on this one? The same place they have been for the last 7 years, Lazy, scared, bought, or afraid of their Political Career! It’s time to remove all of those slackers, and watch very carefully the one’s that will replace them!

      • SJ Jolly says

        1. If capture by the enemy is a crime, what about all the pilots shot down over Vietnam and captured? Chief among them, John McCain. Likewise, hundreds captured in Korea, and thousands in WW-2.

        2. Look on the bright side: We couldn’t try the five suspected terrorists held in Guantanamo, because the evidence against them is tainted by torture. But, now that they are out. we can hunt them down and kill them !

        • Aached Haazmatt says

          ummmm he posted he was going to desert, he went looking for the Taliban, he shipped his stuff home, he was colluding with the enemy and deserves the full punishment.

        • sirvando vargas says

          You need to join the armed forces, particularly the Army or Marines would be better so you can understand what your talking about. On the Battlefield, you are a close team, in you squad,Platoon, and all in a Company of about,120 other members, who depend on each other for survival. In a squad of 12 men, you are close to each other, you don’t walk-off ,not even 10-30 yards with out your nearest buddy knowing about it. Bergdoghal disappeared on his own. His buddy’s went looking for him,some I understand got killed looking for him. A villager said he saw Bergdoghl walking bye,down the village road on his own. That , to me is “Desertion of Duty”. In Battle,we are a team,we all depend on each other to do his Job, in order to survive the engagement. Right to the end, we all must defend the M-60 that does the talking.

    • Gerald Mann says

      What amazes me is that Obama isn’t on trial along side his fellow traitor here , After all it was Oblunder that released the Terrorists , probably because he had an uncle , or brother among them ! Lets face it Obama is a traitor to this country , he was not born here , they booted him out of his and Mikes law licenses because they both lied about Obamas aliases (he uses more then any criminal I have ever heard of ! ) If he was a citizen he would have a social security number and not have 3 dead guys that he is using ! I do understand the need for money he has . He cannot pass an E-Verify check so he cannot even sweep up at a McDonalds ! Congress won’t impeach him because they say the blacks would riot , but he has screwed them as bad as whites , only the Muslims , his people , love him !

    • Terry says

      Beverly I see what you mean he’s is paying for what he done but why not Hillary , Obama, and Holder is there no one who can bring these 3 to justice?

    • Diana says

      Agree with most of what you say but some reb. Are just as bad like rubio, bush, ryan, McConnell, just to name a few, we the people need to demand term limits no retirement benefits and a 60 % pay cut and maybe just maybe they will do the job that they where elected to do, one more thing excitive order gone or limit one per term, obama needs to be arrested and all ex.or. Cancelled he has broke our laws jail time he has broke our Constitution firing squad he is a treasonous and should be delt that way and it makes me sick our gov. Won’t even stand up to the oath they took.

    • Ann Piatt says

      Not Trump. Check out BEN CARSON. He will do all needed to help our fragile country. Learn everything about him. Read his book to get a feel for who he is and you will have confidence in him. I wanted Huckabee. But I really got convinced after learning about the other candidates. Ben Carson is the right one. He’s got EXACTLY what it takes. I think Trump could inadvertently do damage to our country with foreigners. His personality isn’t too squeaky. I’ll vote for BEN CARSON. He loves God, his wife Candy and ESPECIALLY AMERICA.

      BEN CARSON 2016. Go Ben Go

    • Vincent Mancini says

      I agree. What has happened to the penalty of treason? We need to get backto basics and this would not be happening.

      • Maxx says

        Actually nothing has legally changed the penalty for treason, it is still death by hanging. What has changed is America is not infected with socialism / Marxism and political correctness. They may try to lie and say “death by hanging” is no longer done in the U.S. but that is only because treason and desertion during time of war are indeed very rare. However, that is not a good reason for it not to be performed.

    • Jim says

      I agree Gary, When I was in the military, the punishment for deserting during time of war was to face a firing squad for treason.

  5. Justin W says

    Bergdahl is entitled to his day in court. It doesn’t look good for him. His actions cost other soldiers their lives and led to the release of several terrorists. Even if he is sentenced to prison he avoided a starring role in an ISIS video. He would probably have eventually been traded to ISIS if he had remained in captivity.

    • Sal says

      Death to the traitor or minimum life in prison without parole.
      Six men died looking for him, that alone deserves life in prison.

  7. Tom Salter says

    This coward can only get 5 years for desertion in the face of the enemy,
    But can get life for “misbehaving in front of the enemy.
    Yes a BCD and loss of rank forfiture of all pay and benefits, but the bastard should be shot at sunrise

  8. Walter says

    Seriously ,life in prison for desertion ,but bankers destroying the world economy ,a fine and no long term imprisonment. Releasing known terrorists so they can fight against us .That’s ok? Business as usual.
    I guess old bowe didn’t contribute enough to their political campaigns so let’s make him an example. Equal justice for rich and poor ,Ya right!!!
    Our country is so broken and our politicians so arrogant and corrupt,God helps all.

    • Ann Piatt says

      No way should we let him go and get paid. This is military. God doesn’t expect us to not kill the enemy in a war. He does not expect us to not punish a deserter. That’s not taking vengeance from God. That’s justice. You gotta believe in justice with the bible you read. Killing in war is not against GOD.

  10. TommyG says

    “Fidell previously has complained about Trump calling Bergdahl a traitor”. Bergdahl’s own unit members called him a traitor.

    Bergdahl is a traitor. He conspired with the enemy.

  14. Rick says

    Bergdahl should by all rights of military law face a firing squad. He deserted in time of war, misbehavior before the enemy, cost the lives of those that tried to save him. He associated with the enemy, wh knows what he told them. The ARMY. Has turned to a bunch of Pansy’s
    What would they have done to a person like this in WWII ? Why feed him for the rest of his life, I am sure so,e soldiers in Leavenworth will speed him along the way to hell !

  15. Gary says

    Good going obama you idiot. It sure is funny why out of all the people the terrorist to cut their head off this is the one Obama does something about. WHAT’S UP WITH THAT????????????? Makes one wonder.

  16. drbhelthi says

    From my viewpoint, the “private” Bergdahl case is complex. Due to his conscientious objections, he should have used the conscientious objector route instead of deserting. His desertion is responsible for the search effort and death of his fellow soldiers. As to the concept of being “captured” by Taliban forces, it appears that he sought them out and requested admission to their ranks. The idea that he was “held captive” for five years is also questionable. That he was promoted “in absentia” presents a question for me, also. That the occupant of the POTUS position traded five Moslem criminals for one US soldier, who had deserted his unit and caused the deaths of several fellow soldiers, would require the involvement of the U.S. Congress and the DOJ if the three branches of the USGov were following their constitutional mandate. The charge of desertion seems appropriate to me. However, absent a formal declaration of war, the charge of desertion during war would not apply. Here again, had all three branches of government been following their congressional mandate, the farcically-contrived destruction of 9-11 would not have occurred, and Bush Jr. and Israeli collaborators would be standing trial instead of private Bergdahl. Silverstein would be living in 3 condemned buildings in NYC, Iraq would not have been attacked, thousands of lives of American soldiers and hundreds of thousands of lives of innocent Arabs would have been spared. Nor would there be a former soldier Bergdahl being charged with desertion. However, “The Secret Team” would have found another mode of continuing its subterfuge against Americans and the USofA.

    • drbhelthi says

      Correction, please. Line 11 should read, “constitutional” mandate instead of “congressional” mandate.

    • SJ Jolly says

      Excellent posting. Other than “the farcically-contrived destruction of 9-11”. Hey, not everything is a conspiracy! Sometimes the other side really does sneaks in a surprise punch.

  17. lori schmerler says

    The attacks on his Command escalated after his capture if he was such a coward to waltz away he sang like a Canary..

  20. Wild Bill says

    I spent over 22 years defending this country. I say turn the sob over to isil. then we could see how long it takes for his good buddies to kill him.