Posted on Sep 7, 2015
Military selects rarely used charge for Bowe Bergdahl case.
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From: Military Times
RALEIGH, N.C. — Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against Army Sgt. Bowe Bergdahl.
Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home following years in Taliban captivity.
In addition to a desertion charge, Bergdahl is also accused of misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.
Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he left and triggered search operations.
Misbehavior before the enemy was used hundreds of times during World War II, but scholars say its use appears to have dwindled in conflicts since then.
http://www.militarytimes.com/story/military/2015/09/07/military-selects-rarely-used-charge-for-bowe-bergdahl-case/71837020/
RALEIGH, N.C. — Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against Army Sgt. Bowe Bergdahl.
Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home following years in Taliban captivity.
In addition to a desertion charge, Bergdahl is also accused of misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.
Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he left and triggered search operations.
Misbehavior before the enemy was used hundreds of times during World War II, but scholars say its use appears to have dwindled in conflicts since then.
http://www.militarytimes.com/story/military/2015/09/07/military-selects-rarely-used-charge-for-bowe-bergdahl-case/71837020/
Desertion
Bergdahl
UCMJ
Crime
Posted >1 y ago
Responses: 21
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This additional charge is good news. The chance for conviction just increased with another severe charge being levied, job well done. Now, let's get the trial started....it is Hammertime!
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We need to stop playing PC games with this guy and finish up the courts martial, so we can lock him up and weld the door shut.
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COL Jon Thompson
I don't know what is taking so long for this to go to court martial. What else does the Army need to do before they go ahead? There have been two investigations so far if I am correct.
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More on Bergdhal, which is BS. Nobody died while looking for Bergdhal?
Bowe Bergdahl, the soldier who abandoned his post in Afghanistan only to be held captive by the Taliban until Barack Obama traded five jihadis for his release last year, was charged with both desertion and now also a rarer crime — misbehavior before the enemy. CBS News explains the significance: "Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he 'left without authority; and wrongfully caused search and recovery operations.' Observers say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm's way." That is indisputable as far as we're concerned. But the next sentence in the CBS report is astounding: "The Pentagon has said there is no evidence anyone died searching for Bergdahl." That's preposterous. Beyond the soldiers who died fighting and capturing the Taliban Five, at least six Americans lost their lives in operations to recover Bergdahl. Their names are PFC Matthew Michael Martinek, Staff Sgt. Kurt Robert Curtiss, SSG Clayton Bowen, PFC Morris Walker, SSG Michael Chance Murphrey and 2LT Darryn Andrews. Perhaps these men weren't killed directly by the jihadis holding Bergdahl, but they were on missions related to the search. Operations were put on hold and resources diverted to find Bergdahl. Lives were lost. And for someone at the Pentagon to be giving political cover to Obama in such a way is despicable.
Bowe Bergdahl, the soldier who abandoned his post in Afghanistan only to be held captive by the Taliban until Barack Obama traded five jihadis for his release last year, was charged with both desertion and now also a rarer crime — misbehavior before the enemy. CBS News explains the significance: "Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he 'left without authority; and wrongfully caused search and recovery operations.' Observers say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm's way." That is indisputable as far as we're concerned. But the next sentence in the CBS report is astounding: "The Pentagon has said there is no evidence anyone died searching for Bergdahl." That's preposterous. Beyond the soldiers who died fighting and capturing the Taliban Five, at least six Americans lost their lives in operations to recover Bergdahl. Their names are PFC Matthew Michael Martinek, Staff Sgt. Kurt Robert Curtiss, SSG Clayton Bowen, PFC Morris Walker, SSG Michael Chance Murphrey and 2LT Darryn Andrews. Perhaps these men weren't killed directly by the jihadis holding Bergdahl, but they were on missions related to the search. Operations were put on hold and resources diverted to find Bergdahl. Lives were lost. And for someone at the Pentagon to be giving political cover to Obama in such a way is despicable.
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SGT (Join to see)
This fires me up. Why the hell are they covering up what really happened. They have eyewitness accounts of men that were there. I don't know which is worse, covering this up, or giving them the five terrorists, who promised to never do it again, by signing a piece of paper. Bullshit!
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SGT Jeremiah B.
Alas, the Pentagon says there's no EVIDENCE. None of those men were on missions to find Bergdahl when they died. It's definitely plausible that Bergdahl's disappearance contributed, but it's hard to make that accusation stick in court. This charge gets around that little problem rather neatly.
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I'm all for innocent until proven guilty. What's the hold up for trial? It's been at least 15 mos. since his return.
To quote MASH's Col Potter, "Horsehocky".
To quote MASH's Col Potter, "Horsehocky".
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SSG (Join to see)
His COC already had an investigation done and completed, since 2009. That has never made the news.
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SGT (Join to see)
Not only did it not make the news, nothing about him or the case was news for months, SGT (Join to see) .
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SGT (Join to see)
I'm no lawyer, at this moment the way this situation looks, I'd not be surprised if a motion was filed and a claim is made for a violation of "Right to a speedy trial" as some sort of Hail Mary play.
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If Obama had not given up 5 important prisoners. Called the worst of the worst. And paraded his parents in a Rose Garden ceremony. And Bragged about it. And his dad starts talking in there language saying how prowled he is about his desertion. And Obama ordering the Pentigon to drag there feet. Hoping we will forget. The families of the soldiers that died looking for him will not forget. He needs to be imprisoned for life. And to serve as an example of any American who fights for our enemy.
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I wonder if this is to make it harder to prove (an easier way to let him off) or for a harder punishment....I hope for the later!
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LTC Yinon Weiss
He's being charged with multiple charges, so just because some may be harder to prove, it doesn't let him off the others. It looks like the military is doing the right thing, in spite of what must have been some political pressure. This is a great reflection of how the system should work. Now he should also get a fair day in court.
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CW3 Eric W. S.
Sir, according to Article 99 of the UCMJ; Maximum punishment. All offenses under Article 99. Death or such other punishment as a court-martial may direct. It is, indeed, the later. The Court Martial has the authority to put him under.
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