Criminal law, Military, Politics, Society

Bergdahl Charged With Desertion

305px-USA_PFC_BoweBergdahl_ACU_CroppedAfter months of alleged delay for political reasons until after the elections, Sgt. Bowe Bergdahl, 28, has been charged with desertion and misbehavior before the enemy.


The evidence of desertion is strong, leading many to question the long delay in the investigation. The impression has been that the Administration did not want to address the growing criticism of Taliban leaders with terrorist ties for a deserter. There has also been an allegation that lives were possible lost in missions that included searches for Bergdahl.

I have previously said that the Administration clearly violated federal law in this swap. The fact that Bergdahl is now viewed as a deserter is likely to rekindle the controversy, particularly over the allegation of possible lost lives in searches for Bergdahl.

For a discussion of possible defenses, see this earlier posting.

Normally, the fact that he suffered through five years of captivity with vicious terrorists would militate in favor of a lighter sentence. Article 85 makes desertion a crime that is punishable with up to five years. Article 99 (misbehavior) includes a maximum of confinement for life. That would give the defense a great incentive for a plea but the prosecutors may be sensitive to the prior allegations that the Administration has been delaying the case to avoid an embarrassing prosecution.

96 thoughts on “Bergdahl Charged With Desertion”

  1. Correction….my opinion is that Obama is intentionally destroying America and all she stands for (that he abhors) and he is a traitor and a fraud…..no doubts in my mind about this one…..

  2. I’m glad Bergdahl is home and it’s not surprising that the investigation culminated in a charge of desertion. So be it. He was a very confused young man, his mistakes could’ve ended so much worse than they have.

  4. After Obama had the deserter’s parents in a rose garden ceremony and the first words the father spoke were in praise of allah, and Obama nodded in approval and smiled, did anyone else find the whole event to be utterly and completely strange? Strange in a way that makes one wonder if Obama could be doing all this ‘intentionally’ and knowingly – not a foolish mistake?

  6. @NickS

    You said, “A smart cultist would bite the bullet and simply state Obama screwed the pooch on this one.”

    Huh??? WTF have you been smoking??? Don’t you know Obama Infallibility is a requirement more stringent than Papal Infallibility for that crowd. Plus, Obama is Black, sooo he is not subject to the normal rules about stupidity or responsibility. It would be RACIST to say that he screwed something up!

    Squeeky Fromm
    Girl Reporter

  8. A smart cultist would bite the bullet and simply state Obama screwed the pooch on this one.

  9. Ben Rhodes is a real slimeball. Now, all administrations have them, but Rhodes is a Hall of Famer, up there w/ Al Haig and a few others.

  10. Skimming the news, stumbled on this:

    Army Officer: Bergdahl Charged With Desertion, WH Wants It Kept Quiet

    Monday, 26 Jan 2015 11:06 PM

    By Greg Richter

    http://www.newsmax.com/Newsfront/Bowe-Bergdahl-desertion-deserter-Army/2015/01/26/id/620866/

    “An Army report on Bergdhal was finished in October, but has yet to be released. White House Deputy National Security Adviser Ben Rhodes is trying to keep the information from becoming public because it would embarrass President Barack Obama, said Lt. Col. Tony Schaffer.”

  11. I am surprised that the government actually did this. Considering everything, Bergdahl was lucky he did this when he did, and not in the last year or so. Anyway, an Irish Poem is in order:

    Just Desserts???
    An Irish Poem by Squeeky Fromm

    There once was a soldier named Bowe.
    Who surrendered himself to his foe.
    He avoided a crisis
    ‘Cause. . .if captured by ISIS,
    Then he would have been Bergdahl Flambeau!

    Squeeky Fromm
    Girl Reporter

  12. I’m trying to visualize the cultist defense here. I’m currently @ a loss. I make my living being able to think like the people I investigate. But, this one has me stumped. However, we will hear from them shortly.

  14. I think we are all embarrassed for him

    All embarrassed BY him. FIFY

  15. The ultimate government betrayal: a Rose Garden ceremony held to celebrate the trade/release of a convicted deserter, yet no mention or awards for the honorable men who gave their lives for this dishonorable deserter by a dishonorable president.

  16. Deserting to the taliban.. isn’t that proof of temporary insanity..?

  18. David, I think Obama’s people are embarrassed for him. Obama appears to be embarrassed proof.

  19. Given the Obama display with the Bergdahl parents (PDA and Arab speech), there was a strong incentive to delay the truth.

    Why the outrage – this is just another example of the Obama administration breaking U.S. law? We ought to be inured to this lawbreaking by now.

  20. No surprise here. President Obama’s foreign policy is the worst that I have ever seen. The sad thing is that I don’t think he is even embarrassed by it.

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