Good thing we exchanged him for 5 hardcore Taliban members, eh?
(NBC News) Army Sgt. Bowe Bergdahl, who was held captive by enemy forces in Afghanistan for five years, will likely be charged with desertion, senior defense officials tell NBC News.
The officials point out that Bergdahl will likely face a lesser charge of desertion described in the Uniform Code of Military Justice as leaving a post to avoid duty or shirk an important assignment, based on his actions when he left a remote outpost in June 2009.
Those charges carry a maximum sentence of 5 years in prison upon conviction, but sources tell NBC News the Army is considering crediting Bergdahl for the 5 years he spent in captivity and be given the opportunity to avoid prosecution by leaving the Army with a “less than honorable discharge.”
If accepted, Bergdahl could be denied as much as $300,000 in back pay and benefits and be reduced in rank from Sergeant to Private First Class or lower.
It does seem that the charges are being lowered, most likely for political reasons, ie, in order to minimize the damage to Obama. An Air Force commander told the Army Times that no decision has been made as of yet, but, I think we can all see the writing on the wall.
Let’s also not forget that the prisoner swap was deemed illegal by the GAO.
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An American soldier in Afghanistan MAY have deserted his post June 30, 2009, WAS captured by the enemy and held as a POW for 5 years. He reported that he was tortured in captivity.
He was released by his Taliban captors on May 31, 2014 in exchange for 5 Afghan POWs (enemy combatants) who had been held at Guantanamo Bay, Cuba for 12 years or so without specific charges, other than asserted associations with the Taliban or al Qaeda.
War was never declared, but the US declared that US combat operations would end in December 2014. The question for legal/war/military experts is whether the US would have to release the Afghan POWs at the end of combat operations anyway.
The GAO claimed the exchange may have been illegal since Congress had recently required 30 days notice before any releases from Guantanamo.
Did you mean to type that? Did you really mean that the rumor is that he will not be charged with the most serious desertion charge? Do you have reasons to think that he should be charged with a more serious offense? Note too that they could have charged for the even lesser offense of being AWOL or not charged him at all.
A charge of desertion is serious, and Sgt. Bergdahl, if convicted could face 5 years detention, loss of $300,000 back pay, and demotion. Would you prefer he be hanged without a trial?
How does charging Bergdahl with desertion help Obama (who cannot run for President again, and whose approval is climbing)? No, I think you hate Obama more than you love our military men and women. Sgt. Bergdahl was in Afghanistan for a month when a good friend was killed. He is thought to have abandoned his post a few days after that. Now you want him hanged because Obama got him out.
It doesn’t help him and that’s the point.
If Bergdahl is charged and convicted of desertion, Obama’s reputation as a complete fool in the realm of international politics and relations takes another hit.
What the hell are you talking about? The men who served with Bergdahl think he deserted and want him punished. Other military men and women think that if Bergdahl wanted away from the military (off of his post while in a combat zone) , he should stay there instead of trading five people who hate the US and are devoted to attacking us.
Many people in the military see the Bergdahl exchange as another slap in the face of those men and women in the military who you claim to respect.
The fact the the White House has lied, broken the law, and fumbled around with the Bergdahl issue offends men and women in the military Jeffery. You don’t see it because you have stuck your head in the sand again on this issue.
[…] Bergdahl likely to be charged with desertion, the White House is not disclosing the charges, and is the White House putting pressure on the DoD to drop it so as not to embarrass the President? […]
Jeff,
Men were killed looking for this scum. If I were the parent of one of those soldiers, I would want the man released so that I could get to him and assure that he got “justice”. For some reason, you think that seeing two sides to a subject and holding yourself above the turmoil and taking the high road makes you into a thinking, rational, liberal, superior being. In fact, it makes you look like a fool who is being led by your nose ring.
…And now we know why the 24-hour rule is such a good idea. No charges being filed at this time.
What I find interesting is that they haven’t discharged Bergdahl yet. I’m pretty sure his term of service has expired. Wait till later to file charges? Need more time? No one is saying right now.
Y’all might find this post on the situation of interest. The author -retired military- is no bleeding-heart prog, but what he has to say may surprise you.
Teach, I don’t think they’re holding off to not hurt Obama. I mentioned one possibility above, that they might want more time to establish (or disprove) the case. Another possibility is that they don’t want to convict him yet, because he might get a pardon.
Someone else (forget where) suggested that if he’s convicted, he’ll get just an other than honorable discharge and his imprisonment counted as time served.
Or -this just occurred to me- the powers involved think that they’ll be in hot water no matter what choice they make, so take it slow.