TEXAS: ARMY OFFICER’S RECOMMENDATION MEANS BERGDAHL COULD AVOID JAIL,
Army officer reportedly recommends misdemeanor-level court martial
AUSTIN—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 general of U.S. Army Forces Command, Bergdahl in March with desertion and will ultimately decide whether the case misbehavior before the enemy, a charge should be referred to a court-martial. that could carry a maximum penalty of No timeline has been given for a decision life imprisonment. from Abrams.
But defense attorney Eugene Fidell “These are highly discretionary matters said Lt. Col. Mark Visger has recommended and, needless to say, I hope General that Sgt. Bergdahl’s case be Abrams does the right thing, but it’s his referred to a special court martial, call,” Fidell said by phone Saturday. which is a misdemeanor-level forum. The Obama administration’s prisoner It limits the maximum punishment to swap was sharply criticized by many reduction in rank, a bad-conduct discharge Republicans and some Democrats, who and a term of up to a year in said it was politically motivated and prison. counter to the U.S. policy against negotiating
Fidell also said that Visger recommended with terrorists. that there be no prison time Republican presidential front-runner or punitive discharge against Bergdahl. Donald Trump said Thursday that In light of Visger’s recommendations, Bergdahl should have been executed the defense is asking that the case be for leaving his post in Afghanistan and disposed of non-judicially, rather than called him a “no-good traitor,” which he by any court martial. also said in August.
Visger presided over last month’s Paul Boyce, a spokesman for the U.S. Article 32 hearing in Texas that Army’s Force Command, released a reviewed evidence against Bergdahl. statement Saturday that didn’t confirm Visger submitted a report with his Visger’s decision. recommendation on Monday, but the “As legal action is ongoing, we continue Army hadn’t said what Visger recommended. to maintain careful respect for the military-judicial process, the rights
Gen. Robert Abrams, the commanding 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.”