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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The sad part of this is that Bergdahl has become such a political football, the White House and his minions at the Puzzle Palace (which has consistently dragged their feet on this) will continue to stall for as long as possible. Obama has credibility tied into this jackass, so I can see one of two things......1) He will be forced to plead to some minor charges like being AWOL, or 2) after conviction, Obama will break out his "pen and phone" and pardon the guy on his last day in office.
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SGT (Join to see)
Hmm, hadn't thought of that. Hopefully Obama will want to wash his hands with the verdict, and be done with it.
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Cpl Westin Sandberg
I think if Obama tries to pardon him, there will be an outrage in this country, his last day in office or not, it may be enough to spark a revolution.
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SPC Christyal Ingram
Because there is a difference between dodging your duties, and putting other soldiers in danger while looking for a "missing" soldier in a war zone.
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Misbehavior before the enemy would be appropriate for the crime, pending he acted solely on his own accord. With politics, I don't see it going anywhere.
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PO2 Frederick Deraney
He clearly deserted and that cannot be disputed. Under Article 85 Desertion carries the maximum penalty of death during time of war. However, he must have worked something out because in this case the maximum sentence is five years in prison. His decision to serve was voluntary and his decision to desert was voluntary, the decision to enforce the maximum sentence under the UCMJ should not be voluntary.
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Because accusations are made, even with admission, the entire due process must be allowed before a jury of his peers. Mitigating circumstances, meaningless to civilians could change the predetermined path of this trial yet, to military jury. Just not ready to throw a troop under the bus until he has had his day in court, then convicted by a jury of his peers. Anything less is not constitutional. And the exercise of the US Constitution is what our oaths demand we protect, no matter our emotional baggage:) That an a complete distrust of most elected members of our government:)
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Immediate death. No 10-20 years on death row either. Convict today, die tomorrow.
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It's "rarely" used because we've never had anybody do that since Korea, maybe. He'll get an Special Courts-Martial, plead guilty, judge alone, get reduced to E-1, forfeit all pay and allowances, be discharged and that discharge will be characterized as a Bad Conduct Discharge. He just needs to go away.
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