Bergdahl charged with desertion and misbehavior in front of Enemy

[71buickfreak]

I have not seen this on here, so I thought I would share.

http://www.westernjournalism.com/th...dium=WesternJournalism&utm_content=2015-09-08

Sgt. Bowe Bergdahl, who has been accused by fellow soldiers of abandoning his post in Afghanistan, has been charged with desertion and “misbehavior before the enemy,” which carries a potential life sentence.

The Obama Administration traded the so-called “Taliban-Five” Guantanamo detainees for Bergdahl, age 29, securing his release in May 2014. The soldier left his post in Afghanistan in June 2009, having written to his parents beforehand saying he no longer supported the war effort and that he was “ashamed to be an American.” He was reportedly held captive by the Taliban for five years.


According to CNN by accounts of those engaged in the searches, at least six soldiers died in operations seeking to find Bergdahl after he went missing.

The president lauded Bergdahl’s release last year with a Rose Garden ceremony. Obama said to the soldier’s parents, who were in attendance: “[T]oday families across America share in the joy that I know you feel…As President, I know that I speak for all Americans when I say we cannot wait for the moment when you are reunited and your son, Bowe, is back in your arms.”

Among the five Taliban detainees traded to obtain Sgt. Bergdahl’s release were: Abdul Haq Wasiq, who served as deputy minister of intelligence for the Taliban; Mullah Mohammad Fazi, deputy defense minister for the Taliban; Mullah Norullah Noori, a senior military commander; Mullah Khairullah Khairkhwa, a former provincial governor who reportedly met with Iran to plot attacks against American forces; and Mohammad Nabi Omari, who has held multiple leadership roles in various terrorist groups.


The “misbehavior before the enemy” charge has seldom been used since World War II. “I’ve never seen it charged,” said Walter Huffman, a retired major general who served as the Army’s top lawyer, according to the Military Times. “It’s not something you find in common everyday practice in the military.”

“Misbehavior before the enemy was used hundreds of times during World War II, but scholars say its use appears to have dwindled in conflicts since then. Misbehavior before the enemy cases were tried at least 494 times for soldiers in Europe between 1942 and 1945,” the Military Times reports. “By contrast, statistics show the U.S. Army prosecuted about 1,900 desertion cases between 2001 and the end of 2014.”

“For Bergdahl, the Article 99 [misbehavior before the enemy] offense allows the prosecutors to seek a stiffer penalty than the desertion charge, which in this case carries a maximum sentence of five years in prison,” the Associated Press reports.

Soldiers who served with Bergdahl support the charges being brought against him. “The Army did the right thing here,” said Cody Full, 26, a former platoon mate of Bergdahl’s.

“You give an oath,” Full said. “You sign your name to serve your country. no matter what you’re supposed to fill that oath.”

Evan Buetow, 28, who was a sergeant and team leader of Bergdahl’s unit, also agreed with the charges being brought.

“The whole reason we came forward last year when they released Bowe, we knew he needed to answer for what he did,” he said. “We knew he was not a hero…He had to answer for why he deserted, and that’s what happened.”

Bergdahl’s “case now goes to an Article 32 hearing, which is similar to a grand jury and would recommend whether the case goes to a court martial,” reports USA Today.

 

[dennishoddy]

That hearing is coming up pretty quick if I remember right.

 

[4play]

That hearing is coming up pretty quick if I remember right.

Sept, 17th, or Thursday of next week

 

[Poke78]

Great - now Bergdahl can get what's coming to him and The One gets another shot at playing graba$$ with Bo's hot mama when they hold another press conference.

 

[Commander Keen]

It's my understanding that the military doesn't like charging things unless they're pretty certain of a conviction. Can anyone confirm?

Also, what's the over/under on a Obama pardon if he's convicted?

 

[loudshirt]

The first hearing is an Article 32 hearing. Very similar to a grand jury. Once that is done they will decide if there will be a general court martial. There are three types of courts martial, summary, special and general. You can refuse a summary court martial. If you do then you go to a general court martial. General court martial is basically federal criminal court.

A general court-martial is the highest court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of five officers sitting as a panel of court-martial members. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused may also request trial by judge alone. In a general court-martial, the maximum punishment is that set for each offense under the Manual for Courts-Martial (MCM), and may include death (for certain offenses), confinement, a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or a number of other forms of punishment. A general court-martial is the only forum that may adjudge a sentence to death. Before a case goes to a general court-martial, a pretrial investigation under Article 32 of the Uniform Code of Military Justice must be conducted, unless waived by the accused. An accused before a general court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.

 

[Rod Snell]

It's my understanding that the military doesn't like charging things unless they're pretty certain of a conviction. Can anyone confirm?

I always said I would rather be investigated by the military if I were innocent, but tried by civilian court if I were guilty.
While the military court (or convening authority) might go for less than what the prosecution asked for, I don't recall seeing any cases brought that seemed specious.

 

[HMCS(FMF)Ret.]

Boot his ass out of the military, give him a Big Chicken Dinner and be done with it. The guy was already a POW for what 5 years? If that's not good enough...take him back to Afghanistan and leave him there.

 

[John6185]

The way we hear it, he wasn't a POW-unless you believe Obama-he walked off and away from his post of duty in a war zone. In so doing, he is said to have joined the Taliban. What I'd like to know is what he did during those five years?? He appeared to be healthy and reasonably stable mentally when he was traded for five known terrorists that murdered US service personnel. So he wasn't jailed or tortured for five years, the Taliban slaughters their captives pretty quickly. Yes, he should be tried but unfortunately, the Taliban aren't going to go "state witness" and expose Bergdhal, all we have is his word, his lawyer's word and what is known from his squad buddies. He owes a debt and the debt needs to be paid. Time will tell what happens-but one thing I do know for sure is that Bergdhal doesn't want to be in a closed room with the troops that were in his squad.

 

[Defnestor]

Misbehavior in front of the enemy? I hope that's worse than it sounds.