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No Plea from Bergdahl

Bergdahl has been accused of walking away from his platoon’s tiny combat outpost in eastern Afghanistan in 2009, and charged with desertion and misbehavior before the enemy.

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Sporting a shaved head and a blue military dress uniform, Bergdahl did not enter a plea, did not indicate a preference for a jury or bench trial and spoke only when responding to the judge.


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The next hearing is set to be held January 12, 2016.


Bowe Bergdahl to be arraigned Tuesday
Bergdahl appeared demure, sitting mostly still in his chair then walking deliberately with his head down as he left the courtroom. The 29-year-old Bergdahl also chose not to state whether he would face a jury of his peers or leave his fate to an Army judge.

Bergdahl was captured after he abandoned his Afghan post in June 2009, military prosecutors say. Bergdahl was held captive by the Taliban for five years before he was released as part of a controversial prisoner swap.

Major General Kenneth Dahl recommended the soldier’s case be moved to a special misdemeanour-level military court.

In ordering the court-martial last week, Army General Robert Abrams did not follow the recommendation of a preliminary hearing officer who, according to Bergdahl’s lawyer, called for him to face a proceeding that could impose a potential maximum penalty of a year in confinement.

“These are people who are able to sort out the difference between extremely aggravated offenses and offenses committed by people who just make really stupid decisions”, Corn said.

“It’s kind of: ‘Let’s let the system decide”.

The charge of 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. Bergdahl’s case has gained renewed interest as the subject of the second season of the popular investigative journalism podcast Serial,.

His attorney Eugene Fidell, who did not attend Tuesday’s hearing, has said his client endured torture during his captivity, including months chained to a bed and years chained on all fours or locked in a cage.

During a two-day military hearing in September, military prosecutors said Bergdahl had meant to desert his post.

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“Yes, sir. I do”, Bergdahl replied several times to Fredrikson’s inquires, confirming he understood the charges against him and the future court-martial process. He wanted to warn them about what he believed were serious problems with leadership in his unit. You know, I could be, you know, what… “I was capable of being what I appeared to be”, Bergdahl said. “Doing what I did is me saying that I am like…”

Sergeant Bowe Bergdahl was arraigned on Tuesday on charges of desertion and misbehavior before the enemy