After 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.
Well, at least he’s finally being held accountable. This was important for the families of the soldiers hurt or killed looking for a deserter who allegedly put them in harm’s way. I suspect Bergdahl was incredibly naive and misguided, and am curious if he’s changed his views about the Taliban after they hosted him for 5 years.
I really wanted an investigation, but it appears to have taken quite a bit longer than necessary. It’s a shame when politics rears its ugly head (again) in the justice system.
Aridog – I always assumed, based on Guarding Tess, that former First Ladies already had lifetime protection. I had no idea that was a recent addition to law.
Isaac, I know you’re better than you’re comment. But, it was a unique cultist response. We’re babysitting the Northwest Territories neighbors 2 little girls. They are salt of the earth folks who needed a time out. I like you hosers.
Ari, I believe both Lynette Fromme and Sarah Jane Moore were borderline personality disorder. Just sayn’!! Scott Walker doesn’t have SS protection and I indeed hope he is well protected.
When you get past the Obama hating and the rest of the right wing nut blather, there is only one solution. He was on a fact finding mission and getting caught and taken prisoner by the Taliban was all part of the plan. Hey if Calley can get off without meeting a firing squad or at least spending the rest of his life in prison, then why shouldn’t this poor sap get a medal or something. I guess it all depends on whose side you’re on, the Democrats or the Republicans. Obama did blow it as far as I’m concerned. He grossly overpaid for this schmuck.
Under a new law signed today by President Obama, all former U.S. presidents and first ladies will receive lifetime Secret Service protection. The measure also authorizes protection for the children of former presidents until they are 16 years old. Jan 12, 2013 CBS News.
Inga. Hillary doesn’t have to worry all the nuts are left wing wackos
Obama is with out a doubt the worst president ever. Making a deal with the folks that imprisoned our people in the embassy in Iran, The man’s an idiot and should be impeached I just have to laugh when I see an Obama bumper sticker
I hope Hillary has really good body guards, there are weird people on the internet.
Ari, Putin is the most dangerous person in the world. Hillary is potentially the most dangerous. I will do everything possible to stop her from being elected.
HappyPappies….no he is not going to “get away” with squat. At best he will be busted in rank, docked all pay & benefits (his commanding officer can do that without consulting anyone else, unless he demands a Court Martial, under Article 15 … aka non-judicial punishment) , and less than honorably discharged.
Nick said …
But, she isn’t stupid.
Which just makes her even more dangerous. She actually calculates the odds of whether someone will call her bluff. If it comes up “likely” she takes the appropriate position….then deflects the debate.
Remember, this whole Bergdahl travesty was done when the prez was hurting and needed a photo op. There is no one who can say no to him. Very dangerous. To her credit, Hillary saw just how wrong, on EVERY level this was, and made a clear record opposing it before leaving office. She is evil, corrupt, and narcissistic. But, she isn’t stupid.
The show Branded was highlighted in The Big Lebowski. The great scene where Walter and the Dude go to the home of one of the writers, in an iron lung. Both Walter and the Dude were big fans of the show. Classic Coen Bros. scene. The writer’s son was flunking social studies.
Dang it…”Court Marshall” = “Court Martial”. Need to make more coffee 🙁
Aridog
So he is not going to get away with it regarding an honorable discharge
I must say that was one very long AR 15-6 board of inquiry & investigation. Now he gets his Article 32 UCMJ investigation (like pre-trial for civilians) to determine if sufficient evidence exists for Court Marshal, General (with a jury of 5 -12 officers … an NCO can be on of the jury panel) or Special (one judge and a three officer panel) or Summary…one Court officer like a bench trial. Not certain a Summary Court Martial could be convened, for these offenses, so a Special sought, for the plea, as it is likely to avoid the hoopla of a General Court Martial.
In my experience, once past the Article 32 stage, the court theme is “bring the guilty booger in!”
And in this case, that is as it should be. The death penalty is apparently off the table (so far) in the effort to just get him to cop a plea before a Special Court Martial. He might get off with 5 years on a plea…likely life if a General. No matter what he will not get an honorable discharge, back pay in the $300K range,and he will be broken to private E-1 before jailed then discharged.
I served 10 years in the Air Force. I despise the cowardice that Bergdahl is accused of.
HOWEVER, he’s an American and a soldier. Even under the UCMJ he’s entitled to a fair trial with a vigorous defense. He may be proven to be scum. But it’s our system of justice to which he is accountable, not “theirs”.
It really pains me to say this but I think we did the right thing (perhaps in the wrong way) to get him back. And if he’s guilty, I hope he hangs. By our hand, not theirs.
Of the many things I learned while serving is that if I allow my emotions to determine my actions, I’ll die.
Or vote Democrat.
Steve H
When I am not thinking reactively to a comment about a “poor confused boy” and clearly to the US setting an example, I agree with you
Squeeky – you are dating yourself. Hadn’t thought of that show in years.
Well, some people in the Army take this sort of stuff seriously:
https://www.youtube.com/watch?v=uV-7D4io1Rs
Squeeky Fromm
Girl Reporter
Before one can determine that Obama supposedly broke the law in releasing those persons from prison in Guantanamo, you have to decide if they were POWs or simply civilian prisoners like those in Federal prisons. Which is it? To me it is obvious that they were POWs, and thus as CiC he has unlimited authority to act on their status, consistent with our obligations under international laws regarding POWs. If they are civilian prisoners, then under what laws are they to be judged and how long and what kind of sentences do they get? What court has jurisdiction? I can see that if you take the position that they are civilian prisoners, THEN you have to answer all of the other questions dealing with their cases, and Congress would indeed have a say in how they are treated. So folks take one side or another on that, but remember the ramifications.
Ingannie – After rereading, you are right.
99guspuppet – Sorry. I read your post and rose to the bait like guppy after a worm. Mea culpa.