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. Karen S

    Yes – indeedy I think it’s great how the Government screens their former recruits. But – to be fair – where were his God Fearing Orthodox Parents

    Bergdahl, ” with his comrades during Thanksgiving, he studied maps of Afghanistan. Bergdahl told Fry before their deployment to Afghanistan, “If this deployment is lame, I’m just going to walk off into the mountains of Pakistan.”[1] Well, I have to be sure to put a link here even though it’s obviously Wiki as I have been called down for plagiarizing today(lol)

    1. I heard the same kind of crap when the US exchanged Gary Powers for Col. Abel. These same kind of folks were outraged that Powers did not kill himself, and even more outraged that Abel was worth FAR more than Powers.

      I noticed that it is strange on a legal blog that no debate goes on about the status of the prisoners at Guantanamo as to whether or not they are POWs or something else, and what that means in the legal areas. This blog has fallen to new lows.

  2. uh oh. Somebody has been bad.

    The great Kreskin Spinelli was forced to bookmark the naughty comment for future reference.

    Who knows? Maybe Spinelli is just a contractor for Santa.

    But if not….Fair warning, folks. Spinelli knows who has been naughty and keeps RECORDS! He is Turley’s own Shock and Awe machine.

    Next time you see him, thank him for his service.

  3. Nick

    OK, now for the boring straight comment. Bergdahl has some emotional screws loose. He didn’t have the minerals, stones, whatever to be where he was. Those that America lost looking for him, if that is specifically what they were doing-I’ve read differing accounts, were worth a thousand Bergdahls-invitations open for numbers. There is no job specific excuse for what he did, unless he was a spy.

    Obama, in my opinion, made a bad but not irreversible move in trading five bona fide dangerous types for one sap. However, in the grand scheme of things it doesn’t reflect as badly on Obama as it does on the posters on this blog. Obama isn’t perfect but he’s a lot less imperfect than what came before and the options of the other half. Call it the lesser of two evils. Call it what you will. The problem is in the system.

    As far as Republicans go there are a few I’d vote for, but the whole party has a cancer that is keeping it in chaos and not the choice for the evolution of America.

    WTF does BDS mean anyway.

  4. This is a snip from Wikipedia on Bergdahl:

    Two years before enlisting in the United States Army in 2008, Bergdahl had tried the United States Coast Guard. However, he was discharged after just 26 days of basic training for psychological reasons, receiving an “uncharacterized discharge”.[2]

    Bergdahl graduated from the infantry school at Fort Benning, Georgia, in late 2008.[1] He was then assigned to the 1st Battalion, 501st Infantry Regiment, 4th Brigade Combat Team, 25th Infantry Division, based at Fort Richardson, Alaska.[17]

    According to a fellow soldier, Specialist Jason Fry, Bergdahl was a quiet loner. “He wasn’t one of the troublemakers – he was focused and well-behaved.” Bergdahl was isolated by choice from his fellow soldiers; for instance, instead of socializing with his comrades during Thanksgiving, he studied maps of Afghanistan. Bergdahl told Fry before their deployment to Afghanistan, “If this deployment is lame, I’m just going to walk off into the mountains of Pakistan.”[1]

    Bergdahl’s unit was deployed to Afghanistan in May 2009.[18] His unit was sent to an outpost named Mest-Malak in Afghanistan to conduct counterinsurgency operations. Bergdahl began learning to speak Pashto, and according to Fry, Bergdahl “began to gravitate away from his unit”, spending “more time with the Afghans than he did with his platoon”. Bergdahl’s father described his son to military investigators as “psychologically isolated”.[1]

    — end of wiki part

    He sounds wacko to me. The Coast Guard thought so. They kicked him out.

  5. Wacko, wacko bo backo
    banana fanna fo facko
    fee fi mo macko..

    Yeah I think Bergdahl may have been wacko when he was allowed to enlist and when he walked off.

    Someone above thinks I am “lame” and make “lame dog” comments. Well you are exactly right. I lost a leg and rode a wheelchair. I lost it in a place called Nam. I was around a lot of wackos in those days. Too many of our troops were recruited from mental wards or right out of juvenile courts. That was in my last incarnation as a human. I am a dog now in this life. Four legs good, two legs baaaaad! — Animal Farm quote.

  6. I’ve bookmarked this for the Bdog and all the other incarnations of the lame dog comments. You jumped the shark, doggie.

  7. :Race card played @ 9:38p. Bdog wins the Al Sharpton award. Don Pardo, tell us what Bdog has won.

    “Well folks, Bdog wins a huge medallion and full access to the WH, just like Reverend Al himself. He also can have his stomach stapled like the formerly fat Al, if he is in need of losing 100 lbs.”

    How could I have missed the tactic. The cult leader pisses on both legs and shits his pants on Bergdahl. I’m wondering how the cultist will spin it. I didn’t see the race card! My bad. Bdog is the kamikaze cultist. Great job, my main man. You just committed hari kari for the cult leader. I hope it was worth it!

  8. Is that the latest excuse for Bergdahl? That he was mentally ill?

    Many of us have said we wanted a full investigation. If he is mentally ill, or was showing signs of it at enlistment, that will come out.

    1. Karen S,

      Is that the latest excuse for Bergdahl? That he was mentally ill?

      No Karen – He was just “A confused young man” and that excused him from deserting enough to get him home and release 5 potential terrorists on an executive order. It was called an “Obama”

  9. Bruce, There’s a slight hope for Isaac. He is not so much a cult follower of Obama, he is more a hater of Republicans. Isaac understands it’s a false duopoly choice. But, he has BDS, and that clouds his thought process. His hatred of W muddles his synapses. We need to let him find his own path.

  10. I do not know if the guy had any mental evaluations by real psychiatrists prior to enlisting. Or if he had any prior to walking off base. Or if he has had any examinations since he has been home. Where is he by the way?
    But if he is mentally ill and there was evidence of this when he was allowed to enlist then the people who knew this and allowed him to enlist should be shot. He put other people in harms way.

    If he is mentally ill on say the level of psychotic illness then he can interpose that as a defense on the desertion charge. And, perhaps some experts can give sworn testimony and some panel of military judges will judge him.

    He has been judge quite fully on this blog. Very few of you have earned my respect. Some of you sound wacko. I hope you don’t encourage your offspring to go into the military.

    If President Obama knew that the guy was wacko when he traded for his release, perhaps he was of a mind that we had made an error when we allowed him to enlist. Or we errored when we sent a wacko overseas. Pick on President Obama to the ninth degree. I keep hearing Lee Atwater here. You do not have to use the N word three times anymore. All ya gotta say is Obamacare or just Obama.

  11. Issac; The army lost 4 G.I. hunting for Burgbrain . you better stop drinking the Koolaid

  12. @SteveF

    No, I am not dating anyone at the moment. I have sworn off men. I discovered Frankie Howerd on a TCM movie last month where he was bus driver in the dark and there was a bank robbery. He was hilarious, sooo I looked him up.

    Squeeky Fromm
    Girl Reporter

  13. We would be speaking German now and all the Jews would be dead if every soldier left the army as a conscientious objector.

  14. Aridog – but I’m sure he will have a lucrative teaching position awaiting him at some prestigious university. I suspect Bergdahl does not care about honor, and so removing it does not wound him.

  15. The soldiers I hold in the highest esteem are those who leave the army as conscientious objectors. Heroes every one.

  16. Kathleen – why are you surprised? The President and/or Holder made speeches about young men who attacked police officers and were killed, perpetuation misinformation, but they failed to put the same effort into honoring police officers killed in CA, and wounded in Ferguson, as a result of the perpetuation of the hands up lie.

    Their priorities are skewed. Trayvon does not look like he could be Obama’s son, because I assume their daughters are raised better than to suddenly ambush and attack someone. And I assume they also would not attack a police officer and try to get his gun.

    They should have honored first responders killed or wounded in the line of duty, or everyday heroes, anyone who demonstrated courage and integrity regardless of melanin content. Instead, they hold up the criminals and promote the message of helplessness and irresponsibility.

    Politics is a sleazy business.

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