The Phnom Penh Post

Ex-hostage Bergdahl spared jail time for desertion

- Paul Handley

BOWE Bergdahl, the US soldier and former Taliban captive branded a “traitor” by President Donald Trump, will serve no time in prison for deserting his post in Afghanista­n, a military judge decided on Friday.

After a politicall­y charged trial that inflamed US divisions over the 16-year-old Afghan war, Colonel Jeffery Nance ordered Bergdahl to be dishonorab­ly discharged, have his rank slashed from sergeant to private and pay a $10,000 fine.

Trump, who during last year’s presidenti­al campaign repeatedly said Bergdahl should be executed, blasted the decision by the military court in Fort Bragg, North Carolina.

“The decision on Sergeant Bergdahl is a complete and total disgrace to our Country and to our Military,” Trump tweeted from Air Force One, as he headed to Asia for a marathon trip of nearly two weeks.

Bergdahl’s lawyer Eugene Fidell said Bergdahl was relieved at the result.

“His pleas – entered without the protection of a pretrial agreement – and the moving statement he made earlier this week are the strongest evidence of contrition,” Fidell said in a statement.

Bergdahl had faced up to life in prison after pleading guilty to charges of desertion and endangerin­g his fellow troops when he abandoned his unit in a small camp in eastern Afghanista­n in 2009.

He was captured shortly thereafter by the Taliban and turned over to the notorious Haqqani group, which held him for five years in nearby Pakistan.

He was finally freed in a 2014 exchange for five Taliban fight- ers, a deal that brought strong criticism of then-president Barack Obama.

But the lengthy trial revealed that during his captivity, Bergdahl had been tortured and held in isolation for much of the time.

The proceeding­s also raised questions over whether he had originally been fit to serve in the military. Before joining the army, Bergdahl was rejected by the Coast Guard as “psychologi­cally unfit” after only 26 days of basic training.

Bergdahl’s lawyers tried several times to have the charges against him thrown out, saying comments by Trump and Senator John McCain in favour of a heavy prison sentence constitute­d “unlawful command influence” – when senior officials with power over the military exert potentiall­y prejudicia­l influence over the court.

Nance repeatedly rejected the argument that he could be biased or pressured by Trump’s statements.

But earlier this week during the sentencing phase of the trial, he warned that Trump’s comments neverthele­ss could “mitigate” the sentencing.

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