Bowe Bergdahl to Face Court-Martial on Desertion Charges

12/14/15
 
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from The New York Times,
12/14/15:

A top Army commander on Monday ordered that Sgt. Bowe Bergdahl face a court-martial on charges of desertion and endangering troops stemming from his decision to leave his outpost in 2009, prompting a huge manhunt in the wilds of eastern Afghanistan and landing him in nearly five years of harsh Taliban captivity.

The decision by Gen. Robert B. Abrams, head of Army Forces Command at Fort Bragg, N.C., means that Sergeant Bergdahl, 29, faces a possible life sentence, a far more serious penalty than had been recommended by the Army’s own investigating officer, who had testified that a jail sentence would be “inappropriate.”

In a terse statement after the decision, Sergeant Bergdahl’s chief defense lawyer, Eugene R. Fidell, said that General Abrams “did not follow the advice of the preliminary hearing officer who heard the witnesses.” Mr. Fidell said that the hearing officer had also previously recommended against a prison sentence.

The decision followed a recommendation from the Army lawyer who presided over Sergeant Bergdahl’s preliminary hearing in Texas in September that the sergeant face neither jail time nor a punitive discharge and that he go before an intermediate tribunal known as a “special court-martial” where the most severe penalty possible would be a year of confinement.

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