US Military: Bergdahl may face life in prison if convicted

[webfact]

Military: Bergdahl may face life in prison if convicted
By ALLEN G. BREED and LOLITA C. BALDOR

FORT BRAGG, N.C. (AP) — Army Sgt. Bowe Bergdahl, who abandoned his post in Afghanistan and was held captive for five years by the Taliban, was charged Wednesday by the U.S. military with desertion and misbehavior before the enemy and could get life in prison if convicted.

The charges are the latest development in a long and bitter debate over Bergdahl's case. They also underscore the military and political ramifications of his decision on June 30, 2009, to leave his post after expressing misgivings about the U.S. military's role, as well as his own, in the Afghanistan war.

Bergdahl, 28, was captured by the Taliban and held by members of the Haqqani network, an insurgent group tied to the Taliban that operates both in Pakistan and Afghanistan.

Last May 31, Bergdahl was handed over to U.S. special forces in Afghanistan as part of an exchange for five Taliban commanders who were imprisoned at Guantanamo Bay, Cuba.

The exchange set off a debate over whether the U.S. should have released the five Taliban members. Little is known about what the five have been doing in Qatar, where they are being monitored by the government. Some lawmakers have predicted that the five would return to the battlefield.

Wednesday's announcement brought further criticism of the exchange from some lawmakers, including U.S. Rep. Michael McCaul, R-Texas and the chairman of the Committee on Homeland Security.

"President Obama endangered our national security and broke the law when he chose to negotiate with terrorists and release hardened enemy combatants from Guantanamo Bay in exchange for Sgt. Bergdahl — who many believed at the time was a deserter," McCaul said in a statement.

The Obama administration appeared to stand by the swap.

"Was it worth it? Absolutely. We have a commitment to our men and women serving overseas, or in our military, defending our national security every day, that we will do everything we can to bring them home, and that's what we did in this case," State Department spokeswoman Jen Psaki said in an interview on Fox News.

The misbehavior charge could land Bergdahl in prison for life, though some legal experts said a lengthy sentence was unlikely. He also could be dishonorably discharged and forfeit all his pay if convicted on either charge.

Next, an Article 32 hearing — similar to a civilian grand jury proceeding — will be held at Fort Sam Houston in San Antonio, where Bergdahl has been performing administrative duties. A date was not announced. From there, it could be referred to a court-martial and go to trial.

His attorney did not immediately respond to a request for comment.

After a lengthy investigation that included interviewing unit members and commanders and meetings with Bergdahl and his attorney, the case was referred to Gen. Mark Milley, who had a broad range of legal options.

Milley could have decided not to charge Bergdahl at all, recommend administrative action or convene a court-martial on more serious offenses.

Bergdahl also could have faced more serious desertion charges, though this charge does not require prosecutors to prove that he had no intention of returning to his unit.

It was unlikely that prosecutors would have sought a desertion charge that carried a possible death penalty after American lives and Taliban prisoners were exchanged to get Bergdahl back, said Jeffrey K. Walker, a St. John's University law professor, retired Air Force officer and former military lawyer.

Still, the military could have a tough case to make, said former Army lawyer Greg Rinckey.

"It's tough to prove beyond a reasonable doubt, especially if you have someone that's been gone for five years and potentially may have some mental health issues at the time that the defense is going to bring up," Rinckey said.

The misbehavior charge is rarely seen in military cases, typically reserved for shameful or cowardly conduct, said Daniel Conway, a military defense lawyer and the author of a forthcoming book on military crimes.

Conway said he wouldn't expect the Army to seek much prison time for Bergdahl because of his time as a Taliban captive, but officials needed to prosecute the case because a conviction means Bergdahl cannot collect special compensation as a prisoner of war.

"He did spend X number of years as a prisoner of the Taliban — that certainly mitigates the need for him to be locked up," Conway said. "But as a political matter, I don't think we can stomach the possibility that he deserted his post and could receive $300,000 in back pay for it."

Some within the military have suggested that Bergdahl's long capture was punishment enough, but others, including members of his former unit, have called for serious punishment, saying that other service members risked their lives — and several died — searching for him.

One of those in Bergdahl's platoon, Cody Full, 26, of Houston, said Bergdahl should be stripped of all his pay and benefits and be dishonorably discharged.

"It's not fair for guys that served honorably and didn't desert, that go to college on the GI Bill or get their retirement and other benefits, for them to get it and him to get it as well," said Full, who is no longer in the military.

He also said Bergdahl should serve a lengthy sentence to send a message to anyone who considers deserting in the future.

"The military's obviously a very rough job. ... But everybody else stayed with the oath and did what they signed up to do," Full said. "And as a result of that, some didn't get to come home."
___

Baldor reported from Washington. Associated Press writers Donna Cassata, Erica Werner, Deb Riechmann and Sagar Meghani in Washington, Emery P. Dalesio in Raleigh and Gene Johnson in Seattle contributed to this report.


-- (c) Associated Press 2015-03-26

[ezzra]

Doesn't president Obama has a huge stinking egg on his face now?...

that's what happened when you go horribly wrong dealing with terrorists,

Any more top terrorists you want to let go now Mr. president?

I wonder how he's going to explain the honors he has bestowed on the

deserter and his parents...

[spiritrace]

He is lucky to not get the firing squad..

[rotary]

He should get the firing squad

[CMNightRider]

Trading five mid-level to high ranking terrorist for an Army deserter, is just another example of one of many Obama blunders. Obama is nothing more than a buffoon masquerading as a world leader. At the very least, Bergdahl should receive a dishonorable discharge, and Obama should be booted out of office.

[Steely Dan]

To paraphrase Obama, there are consequences.

http://www.theblaze.com/stories/2014/06/03/the-simple-phrase-bowe-bergdahls-father-said-in-pashtu-at-a-press-conference-with-obama-that-has-sparked-a-heated-debate/

If there were to be a trial for treason perhaps the attorneys can work on a two for the price of one deal.

[NeverSure]

Trading five mid-level to high ranking terrorist for an Army deserter, is just another example of one of many Obama blunders. Obama is nothing more than a buffoon masquerading as a world leader. At the very least, Bergdahl should receive a dishonorable discharge, and Obama should be booted out of office.

We can't give Obama a dishonorable discharge too?

[Rimmer]

A Troll post has been removed

[Jingthing]

Obama isn't running again.

Egg on his face?
Make an omelette!

[metisdead]

An inflammatory post commenting on moderation has been removed.

[h90]

Trading five mid-level to high ranking terrorist for an Army deserter, is just another example of one of many Obama blunders. Obama is nothing more than a buffoon masquerading as a world leader. At the very least, Bergdahl should receive a dishonorable discharge, and Obama should be booted out of office.

First you shouldn't lock people without charge in Guantanamo. That is complete wrong. And I thought nothing can be worse. But than exchange some of the surely guilty one for a Army deserter is really even worse....Most stupid thing I ever heard off....

[thaibeachlovers]

Wish I'd been a fly on the wall when Obama found out that the army wasn't going to let him bully them into giving the deserter a free pass.

Life without parole would be a good verdict, as other soldiers died looking for him.

[NeverSure]

Obama isn't running again.

He might be running from the press. Just sayin'.

[NeverSure]

First you shouldn't lock people without charge in Guantanamo. That is complete wrong. And I thought nothing can be worse. But than exchange some of the surely guilty one for a Army deserter is really even worse....Most stupid thing I ever heard off....

That's a confusing paragraph. They are "surely guilty" but holding them as prisoners of war - you thought "nothing can be worse." Exchanging "the surely guilty for one deserter"...

Even if they are guilty only of being prisoners of war... Has your country ever taken prisoners of war and held them until the hostilities ended?

It's wrong to hold them but wrong to release them?

Obama once again let his country and the world down. He illegally and unilaterally released dangerous people in exchange for a deserter.

[thaibeachlovers]

It's interesting that the BBC will not identify the released Taliban as high ranking. According to the Beeb, they are just ordinary enemy soldiers.

[thaibeachlovers]

First you shouldn't lock people without charge in Guantanamo. That is complete wrong. And I thought nothing can be worse. But than exchange some of the surely guilty one for a Army deserter is really even worse....Most stupid thing I ever heard off....

That's a confusing paragraph. They are "surely guilty" but holding them as prisoners of war - you thought "nothing can be worse." Exchanging "the surely guilty for one deserter"...

Even if they are guilty only of being prisoners of war... Has your country ever taken prisoners of war and held them until the hostilities ended?

It's wrong to hold them but wrong to release them?

Obama once again let his country and the world down. He illegally and unilaterally released dangerous people in exchange for a deserter.

Has your country ever taken prisoners of war and held them until the hostilities ended?

The difference is that they are not held as prisoners of war, as apparently that would give them rights that the US does not want to give them. eg it is illegal to torture prisoners of war as they have been doing to those at Guantanamo. To declare them to be prisoners of war would open the US to charges of war crimes.

[BKKBobby]

AWOL. Life in prison is a big price to pay. The guy was a Taliban captive, give him a break.

Edited March 27, 2015 by BKKBobby

[Credo]

I think the operative words here are: may face ....

He will have a hearing to decide his fate.

[up-country_sinclair]

If he's found guilty then maybe he should spend the rest of his life in jail. Desertion is a serious offense.

That said, the US did the right thing by swapping his release for five Guantanamo prisoners. You can't leave a member of the US military to be held captive and tortured forever because of what other people have said. They needed to bring him home for two reasons: 1) because the US military doesn't leave its people behind, and 2) you can't hold a thorough investigation without at least interviewing the person who is alleged to have deserted.

[Publicus]

AWOL. Life in prison is a big price to pay. The guy was a Taliban captive, give him a break.

Actually, I agree with this. He has been through a lot already. Personally. I would not give him any time at all. IMO, Obama is the one who should go to jail for making the illegal, immoral deal and for numerous other things he has done.

The agreement is a legal agreement among the governments of the United States, Afghanistan, Qatar. Under the Bush-Cheney definitions Taliban are "illegal combatants" and thus have no connection with any state nor do they have state authority or status. The US negotiated with Afghanistan and Qarar. These are facts.

If someone in his personal opinion wants to call the agreement "immoral" he's free to do so and could also call it fattening besides because it's a hit and run personal opinion among many flash personal opinions some people have and drop regularly and frequently. Indeed, some people have tens of thousands of come and go pithy personal opinions.

That the commander in chief recovered a prisoner held by the enemy in the Afghanistan theater of operations yet people of skewed thinking want to put the president in jail demonstrates the actual problem.

[Scott]

One troll post has been removed. Some posters think they are being humorous. They may get an opportunity to hone their skills off the forum. It's called trolling and it's not welcomed. If you have nothing to contribute to the topic you can go elsewhere or you can be sent elsewhere.....

Up To You.

Please stay on topic.

[Ulysses G.]

AWOL. Life in prison is a big price to pay. The guy was a Taliban captive, give him a break.

Actually, I agree with this. He has been through a lot already. Personally. I would not give him any time at all. IMO, Obama is the one who should go to jail for making the illegal, immoral deal and for numerous other things he has done.

The agreement is a legal agreement among the governments of the United States, Afghanistan, Qatar.

You forgot one very important fact somehow. The nonpartisan Government Accountability Office found that President Obama broke the law when he swapped Army Sgt. Bowe Bergdahl for five Taliban leaders from Guantánamo Bay. He seems to have a habit of ignoring the law or making his own up.

The GAO report, released Thursday, said the Pentagon violated a law that requires the administration to inform Congress at least 30 days before any prisoner exchange from Guantánamo Bay. It also said the Defense Department wrongly used $988,400 from a wartime appropriations to facilitate the transfer.

"The Department of Defense violated section 8111 of the Department of Defense Appropriations Act, 2014 when it transferred five individuals detained at Guantanamo Bay, Cuba, to the nation of Qatar without providing at least 30-days notice to certain congressional committees," the GAO wrote in its report.

http://thehill.com/blogs/blog-briefing-room/news/215787-obama-rejects-report-that-bergdahl-swap-was-illegal

Edited March 28, 2015 by Ulysses G.

[Publicus]

AWOL. Life in prison is a big price to pay. The guy was a Taliban captive, give him a break.

Actually, I agree with this. He has been through a lot already. Personally. I would not give him any time at all. IMO, Obama is the one who should go to jail for making the illegal, immoral deal and for numerous other things he has done.

The agreement is a legal agreement among the governments of the United States, Afghanistan, Qatar.

You forgot one very important fact somehow. The nonpartisan Government Accountability Office found that President Obama broke the law when he swapped Army Sgt. Bowe Bergdahl for five Taliban leaders from Guantánamo Bay. He seems to have a habit of ignoring the law or making his own up.

The GAO report, released Thursday, said the Pentagon violated a law that requires the administration to inform Congress at least 30 days before any prisoner exchange from Guantánamo Bay. It also said the Defense Department wrongly used $988,400 from a wartime appropriations to facilitate the transfer.

"The Department of Defense violated section 8111 of the Department of Defense Appropriations Act, 2014 when it transferred five individuals detained at Guantanamo Bay, Cuba, to the nation of Qatar without providing at least 30-days notice to certain congressional committees," the GAO wrote in its report.

http://thehill.com/blogs/blog-briefing-room/news/215787-obama-rejects-report-that-bergdahl-swap-was-illegal

The rule of law is vital and the prerequisite of a civilized society, so it's unfortunate, nay negative, that the contemporary Republican party and their far right controllers rarely adhere to law much less engage in lawmaking.

Secrecy was central to this agreement between the United States and several other governments to return this guy to American military justice. The president and the SecDef had to seriously consider whether, had they advised the congress maximus of the ongoing effort to recover this guy Bergdahl, the congress maximus would have sent a letter signed by dozens of Republican party senators to the Taliban to offer advice and assistance against this president.

Given the context of Washington politics and government the past several years, the congress maximus is the leading contender among all contenders for the red badge of anarchy.

[up-country_sinclair]

AWOL. Life in prison is a big price to pay. The guy was a Taliban captive, give him a break.

Actually, I agree with this. He has been through a lot already. Personally. I would not give him any time at all. IMO, Obama is the one who should go to jail for making the illegal, immoral deal and for numerous other things he has done.

The agreement is a legal agreement among the governments of the United States, Afghanistan, Qatar.

You forgot one very important fact somehow. The nonpartisan Government Accountability Office found that President Obama broke the law

You forgot one important fact somehow. The GAO is not a court of law and is not able or equipped to determine if the Pentagon (or anyone else) broke the law. Like you, it is entitled to an opinion on legal matters.

You can also write your congressmen.

[Ulysses G.]

Wrong as usual. That is what they DO. The U.S. Government Accountability Office works for Congress - both parties - and is appointed by the president to keep a watch on the Federal government and they are - indeed - qualified to determine if Federal laws have been broken, especially when it comes to Federal funds, like in this case. That is one of their main responsibilities.

“None of the funds appropriated or otherwise made available in this Act may be used to transfer any individual detained at United States Naval Station Guantanamo Bay, Cuba to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity except in accordance with section 1035 of the National Defense Authorization Act for Fiscal Year 2014.”

Complete report on why the Bergdahl swap was illegal:

http://www.gao.gov/assets/670/665390.pdf

The U.S. Government Accountability Office (GAO) is an independent, nonpartisan agency that works for Congress. Often called the "congressional watchdog," GAO investigates how the federal government spends taxpayer dollars. The head of GAO, the Comptroller General of the United States, is appointed to a 15-year term by the President from a slate of candidates Congress proposes.

http://www.gao.gov/about/

The Government Accountability Office (GAO) is an independent agency which provides to the United States Congress audit, evaluation, and investigative services. As such it is part of the legislative branch of the United States government.

The GOA exists to support the Congress in meeting its constitutional responsibilities and to help improve the performance and ensure the accountability of the federal government for the benefit of the American people.

http://en.wikipedia.org/wiki/Government_Accountability_Office

Edited March 28, 2015 by Ulysses G.

[cloudhopper]

Someone with a documented mental illness should never have been allowed to join the armed forces.

Just as the German Wings copilot should never have been allowed to be in the cockpit.

[Linky]

He was stuck with the Taliban. I think that is more than enough penalty. He should be freed.

Obama did the right thing. Deserter or not, he is a US citizen and the govt should do what is necessary to get him from the Taliban