Attorney: Army officer recommends no jail time for Bergdahl

[Lite Beer]

Attorney: Army officer recommends no jail time for Bergdahl
WILL WEISSERT, Associated Press

AUSTIN, Texas (AP) — An Army officer is recommending that Sgt. Bowe Bergdahl face a lower-level court martial and be spared the possibility of jail time for leaving his post in Afghanistan, his lawyer said Saturday.

Bergdahl was captured by the Taliban after leaving his post on June 30, 2009, and held until last year, when he was exchanged for five Taliban commanders. His commanding officers in Afghanistan say a 45-day search for Bergdahl put soldiers in danger.

Military prosecutors charged Bergdahl in March with desertion and misbehavior before the enemy, a charge that could carry a maximum penalty of life imprisonment.

But defense attorney Eugene Fidell said Lt. Col. Mark Visger has recommended that Sgt. Bergdahl's case be referred to a special court martial, which is a misdemeanor-level forum. It limits the maximum punishment to reduction in rank, a bad-conduct discharge and a term of up to a year in prison.

Fidell also said that Visger recommended that there be no prison time or punitive discharge against Bergdahl. In light of Visger's recommendations, the defense is asking that the case be disposed of non-judicially, rather than by any court martial.

Visger presided over last month's Article 32 hearing in Texas that reviewed evidence against Bergdahl. Visger submitted a report with his recommendation on Monday, but the Army hadn't said what Visger recommended.

Gen. Robert Abrams, the commanding general of U.S. Army Forces Command, will ultimately decide whether the case should be referred to a court-martial. No timeline has been given for a decision from Abrams.

"These are highly discretionary matters and, needless to say, I hope General Abrams does the right thing, but it's his call," Fidell said by phone Saturday.

The Obama administration's prisoner swap was sharply criticized by many Republicans and some Democrats, who said it was politically motivated and counter to the U.S. policy against negotiating with terrorists.

Republican presidential front-runner Donald Trump said Thursday that Bergdahl should have been executed for leaving his post in Afghanistan and called him a "no-good traitor," which he also said in August.

Paul Boyce, a spokesman for the U.S. Army's Force Command, released a statement Saturday that didn't confirm Visger's decision.

"As legal action is ongoing, we continue to maintain careful respect for the military-judicial process, the rights of the accused, and ensuring the case's fairness and impartiality," Boyce said.

Philip Cave, a retired Navy judge advocate now in private practice in Virginia, said commanders often follow the officer's recommendation.

"The real issue here is the politics. That's the elephant in the room. How much is Abrams going to be affected by the politics?" Cave said. "I think the answer is, fairly little at this point."

Fidell released a memorandum addressed to Visger. It said the defense team is "grateful for the balanced, judicious, and humane approach you have taken to this complex case, and for the evenhanded way you conducted the public hearing."

It added that Visger's report should be made public "so the American people can be fully informed of your findings."

"The pity is, there's no reason for not having transparency," Fidell said Saturday, adding that Bergdahl's defense team planned to file a written appeal next week seeking to have the full report released. "It's a self-inflicted wound for the Army.

-- (c) Associated Press 2015-10-11

[bendejo]

Whatever happened out there, this guy is going have to live with that mess the rest of his days. That's sentence enough.

[spiritrace]

Those of us who have spent any time in the military agree with Trump. What Bergdahl did was unforgivable and absolutely wrong. No excuse. He left his post and that put everyone in jeopardy. It's lucky that they were not over run due to a breech of security left by Bergdahl. It could have been a terrible slaughter.

[gchurch259]

I smell an Obama Rat in these proceedings. As far as I am concerned he is a traitor, deserter and cost lives for his adventure !

[hakuho]

no jail time for the Berg-doll; recommend immediate firing squad for the pimp traitor...

[Ulic]

On one side you have the Donald advocating for execution for Bergdahl and on the other you

have an army officer advocating for a lower level court martial with no jail time. (Must be his

defense lawyer) I am sure the outcome will be somewhere in between.

[Expat1]

To the people who say that if a man leaves his post and deserts he should be treated harshly, I concur. HOWEVER, in my research I can find no concrete evidence that he ACTUALLY did that. Only hearsay and innuendo from others which DOES NOT constitute proof. I was in the service in combat in '69 and I can say categorically that we had people disappear from LPs and they sure as Hell did not desert. Fortunately, some were exchanged years later but, no one suggested that we court martial them. Even had there been hearsay on a soldier then, as is the case here, they (military) still would not have done that.

This whole thing is media induced and political grandstanding at someone else's expense. An example, is that Boehner guy (or is that, Boner) who is making political capital on this. Of course, he did spend 8 whole weeks in the Navy so he obviously knows about this stuff... This is all US media hype (what's new). Stay away from that place, it's bad news all around. They should be ashamed of themselves there. If there is clear evidence then convict, if not, stop it and let it go, now.

Edited October 11, 2015 by Expat1

[Mudcrab]

To the people who say that if a man leaves his post and deserts he should be treated harshly, I concur. HOWEVER, in my research I can find no concrete evidence that he ACTUALLY did that. Only hearsay and innuendo from others which DOES NOT constitute proof. I was in the service in combat in '69 and I can say categorically that we had people disappear from LPs and they sure as Hell did not desert. Fortunately, some were exchanged years later but, no one suggested that we court martial them. Even had there been hearsay on a soldier then, as is the case here, they (military) still would not have done that.

This whole thing is media induced and political grandstanding at someone else's expense. An example, is that Boehner guy (or is that, Boner) who is making political capital on this. Of course, he did spend 8 whole weeks in the Navy so he obviously knows about this stuff... This is all US media hype (what's new). Stay away from that place, it's bad news all around. They should be ashamed of themselves there. If there is clear evidence then convict, if not, stop it and let it go, now.

As always at the long suffering taxpayers expense.

[IAMHERE]

Bergdahl will end up given a medical discharge and get 100% disability payments the rest of his life, free medical care from the VA, and first crack at any Federal Government job he qualifies for.

[hawker9000]

It's not complicated. Obama exchanged five ranking Taliban for this scumbag, so senior Army officers can hardly afford to make a serious case against him. It would even further embarrass the WH, and these politically-driven officers know which side their bread's buttered on. (BTW, a BCD is a punitive discharge; I'm surprised the Army's even willing to go that far. Then again, BCDs are routinely upgraded by discharge review boards, particularly for UAs.)

[Langsuan Man]

Those of us who have spent any time in the military agree with Trump. What Bergdahl did was unforgivable and absolutely wrong. No excuse. He left his post and that put everyone in jeopardy. It's lucky that they were not over run due to a breech of security left by Bergdahl. It could have been a terrible slaughter.

You are speaking for yourself, not this member, who has spent time in the military

Don't paint me with your Trump brush

[Boon Mee]

No jail time?

Bergdahl belongs in Gitmo with the rest of the losers he embraced when he deserted.