The first hearing for Sgt. Bowe Bergdahl, accused of deserting his post in Afghanistan, begins today.
Not only do legal experts think it’s unlikely Bergdahl will face execution, even if convicted of desertion, but Bergdahl’s lawyers are expected to argue during the Article 32 hearing that his years of being held captive by the Taliban were punishment enough.
In other words, they’re trying to force the military to just let this alleged deserter go home.
Officials say the Taliban captured Bergdahl after he left his post. He remained a prisoner for five years before being released in an exchange for five Taliban commanders being held at the U.S. detention center in Guantanamo Bay, Cuba.
The hearing to determine if he will face a court-martial is taking place at Fort Sam Houston in San Antonio, where Bergdahl has been stationed since returning to the U.S. last year.
Before disappearing from his post in southeastern Afghanistan on June 30, 2009, Bergdahl had expressed opposition to the war in general and misgivings about his own role in it.
His lead attorney, Eugene Fidell, has cited an Army investigation that determined Bergdahl left his post, but not the Army, and that his “specific intent was to bring what he thought were disturbing circumstances to the attention of the nearest general officer.”
Military prosecutors declined to discuss the hearing.
The 29-year-old was charged in March with desertion and misbehavior before the enemy. If convicted of the misbehavior charge, he could face up to life in a military prison. He could also be dishonorably discharged, reduced in rank and made to forfeit all pay.
Some members of Bergdahl’s former unit have called for serious punishment, alleging that some service members died looking for him.
The GOP and some Democrats have long criticized the prisoner swap as politically motivated and a flagrant violation of U.S. policy against negotiating with terrorists.
Among those who have criticized Bergdahl have been GOP presidential candidate Donald Trump, who has repeatedly called Bergdahl a traitor.
Eric Carpenter, a law professor at Florida International University who also worked as a military attorney, said he expects Fidell will focus on arguing that the charges should not be referred to a court-martial, presenting evidence of how difficult it was for Bergdahl while in captivity.
He said Fidell might argue that Bergdahl should be given an “other than honorable discharge” and be allowed to go home.
Larry Youngner, a Washington, D.C.-based attorney who specializes in military law, said he believes there is a “very strong case” by the prosecution.
“We can’t have soldiers abandoning their posts in a combat zone during a time of war,” said Youngner. “This is a hugely serious offense.”
The Article 32 hearing will result in a report that will be forwarded to Gen. Robert Abrams, the commanding general of U.S. Army Forces Command. Abrams will decide whether the case should be referred to a court-martial or is resolved in another manner.
I have my doubts that he will even go to trial with comrad o’bummer running the circus. he should have been shot . but the bleating hearts in the demoncrap party would not let that happen.
If he is not convicted I doubt he’ll live long enough to enjoy it. Plenty of military watching this and the court may let him get away with it but they won’t. I’m sure he’ll have a fatal accident..ha ha ha
can you give the names of the 5 who were released , go publish them and let all see who Obama released
I believe he will be court martialed and will serve some time for desertion in a combat zone. That is a serious crime and the military isn’t exactly aligned with Obama and his policies so justice will be served but in light of the political atmosphere It will be a lenient sentence.
If he gets off scot free, this will send a detrimental message to ALL our disgruntled troops, that it is OK to just leave they get upset about anything, and not face any stiff repurcussions. How ignorant can our supposed Leaders be!
He should be court-martialed and sentenced to a lengthy prison sentence. Others lost their lives looking for this guy. If Bergdahl is let off the hook or turned into soldier-of-the-year, his actions will be imitated by other soldiers in years to come. If a soldier loses their desire to fight they should be pulled from the battlefield, but wandering off from one’s station is not acceptable when serving in a war zone.
I can not believe that this scum of the earth will be given a free pass. I have read everything about the situation from the start on this
deserter/traitor/. There was an in depth investigation when he joined the enemy. The results of which found he willingly left his unit; DESERTED.
Why he is referred to as a prisoner? It leaves me totally baffled. He was with them BY CHOICE!!!NOT CAPTURED!! No question he JOINED the enemy he was NOT A PRISONER. Also the remaining members of his unit said information that was known only to this group somehow??? got into the hands of the enemy and lives were lost while searching for this traitor. His proper punishment is a firing squad. By the book. I only pray the armed services do their duty.
Perhaps if Bergdahl isn’t imprisoned or shot now, someone could make sure it is done at a later date?
Undoubtably.. too many military want this conviction !!
Just thinking out loud.
What should happen to the people who lied to the American people and invaded Iraq and Afganistian ? Why are eyes only on a PAWN ?
this person should be shot,no questions asked. he left his post,thats enough to do it right there,joined the enemy,thats beyond enough. and more then likely had a hand in the killing of his fellow soldiers,oh thats right,they werent his fellow soldiers, sh#theads are,scum of the earth,does anymore need be said!!!!!! on his behalf NO!!!! i hope you die you piece of crap!!!!!!
and for the families that lost loved ones looking for this piece of crap,may the peace of god be with you,and hoping justice will be swift!!!!!!!!!!!
His comeuppance will meet him soon enough. Do not fret.
He deserted his post, in a war zone, the question is when he was returned did he have his ID on him. No ID he is a deserter, and should be put to death, period. What could be simpler.