In this August 2014 photo provided by his lawyer, Sgt. The hearing, which could last several days, will begin Thursday and be held at Fort Sam Houston in San Antonio, where Bergdahl has been stationed since returning to the USA a year ago.
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Military officials say the Idaho native was captured by the Taliban after leaving his post in southeastern Afghanistan.
The hearing will review the charges against Bergdahl and determine if there is probable cause to conclude that he committed any offenses under the Uniform Code of Military Justice and, if he did, whether a court-martial would have jurisdiction over the case. Bergdahl was a prisoner of the Taliban for five years until he was exchanged for five Taliban commanders being held at the USA detention center in Guantanamo Bay, Cuba.
Fidell said he plans to call witnesses, but he declined to say whether Bergdahl would be among them or to disclose further details about his strategy.
Bergdahl is also charged with misbehavior before the enemy – a charge so rare it hasn’t been levied by the USA military since World War II. Bowe Bergdahl released documents Tuesday showing he has unsuccessfully sought to get the Army’s permission to make public an interview his client did with an investigator in San Antonio. He could also be dishonorably discharged, reduced in rank and made to forfeit all pay.
Larry Youngner, a Washington, D.C.-based attorney who specializes in military law, said he believes there is a “very strong case” by the prosecution.
“I saw online there was some kind of loophole on the taxes, so I had to come buy some”, said David Illig of Onawa, Iowa, who was passing through on a drive to California.
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That question will be answered Thursday when an Article 32 hearing is held for the Army Sergeant. A spokesman says the command will respond “in due course”. He said such a demand “would strike the Army as an effort to litigate the case before a trial”.
