Sgt. Bowe Bergdahl will face charges of desertion and misbehavior in front of the enemy at a court-martial trial, says a top Army commander Monday.
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Bergdahl, who was held for five years by the Taliban in Afghanistan, is charged with desertion and misbehaviour before the enemy. The maximum punishment under his recommendation would have been a year of confinement.
Bergdahl’s disappearance prompted a large operation to find him that ultimately involved thousands of American personnel.
“The convening authority did not follow the advice of the preliminary hearing officer who heard the witnesses”, Bergdahl’s attorney, Eugene Fidell said in a statement.
A Facebook page called “Bowe Bergdahl is NOT a hero!” gained more 20,000 members and showed the pictures of the six soldiers many said lost their lives while looking for him.
Sgt Bergdahl, 29, will appear before a court in Fort Bragg, North Carolina, on an unspecified date, to face two charges. In the failed motion, the defense presented at least 18 instances where Trump had made derogatory comments about Bergdahl, including that the sergeant was a “dirty rotten traitor” who “went to the other side”.
Mr. Fidell said that the hearing officer had also previously recommended against a prison sentence.
Sen. John McCain, who chairs a committee that oversees promotions of senior military officers, said last month that he would hold a hearing on the case if Bergdahl was not punished. Fidell also asked the House and Senate armed services committees to “avoid any further statements or actions that prejudice our client’s right to a fair trial”.
President Obama’s controversial and now determined illegal decision to trade five GITMO terrorists for one Army deserter, Sgt. Bowe Bergdahl, has resulted in the Army’s decision to try Bergdahl in a court martial.
“Serial”, a mix of investigative journalism and first-person narrative, has interviewed former soldiers deployed with Bergdahl and promises that the second episode will present the militants’ version of events.
General Dahl, whose report formed the basis for the Army’s prosecution, also said that no troops died specifically searching for Sergeant Bergdahl and that no evidence was found to support claims that he meant to walk to China or India or that he was a Taliban sympathizer.
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The Army announced it would hold a general court-martial to hear Bergdahl’s case, which can impose a lengthy prison sentence. If charged with the latter, he could potentially face life in prison. In it, Bergdahl stated he had walked away from his base as part of a ploy to create a crisis, which would then allow him to alert military brass to serious problems with leadership in his unit.
