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Title: Bergdahl Charged with ‘Misbehavior Before the Enemy’ in Addition to Desertion
Source: Breitbart
URL Source: http://www.breitbart.com/national-s ... nemy-in-addition-to-desertion/
Published: Sep 7, 2015
Author: Edwin Mora
Post Date: 2015-09-07 22:14:05 by cranky
Keywords: None
Views: 2684
Comments: 26

Sgt. Bowe Bergdahl, who has been accused by the U.S. Army and soldiers who served with him of abandoning his outpost in Afghanistan back in 2009, has been charged with “misbehavior before the enemy” in addition to desertion.

The “misbehavior” charge, which has seldom been used since World War II, carries a stiffer penalty in Bergdahl’s case when compared to desertion.

Bergdahl was charged with “misbehavior before the enemy by endangering the safety of a command, unit or place” and prompting the military to launch search operations,” said the Army in a statement, adding that the charge carries a potential life sentence.

However, USA Today reports that “Legal analysts said it was likely Bergdahl would reach an agreement that would result in a light punishment.”

Soldiers who served with Bergdahl have said that the search for the accused deserter endangered other troops and diverted resources from other units.

Bergdahl has also been accused of “desertion with intent to shirk important or hazardous duty,” a charge that carries a potential five-year sentence, noted the Army statement.

“His case now goes to an Article 32 hearing, which is similar to a grand jury and would recommend whether the case goes to a court martial,” reports USA Today.

A “convening authority” will ultimately make the decision whether to refer to a court martial.

“The charge sheet offers a glimpse of what the Army alleges Bergdahl did on June 30, 2009, the day he disappeared,” points out USA Today.

The “misbehavior before the enemy” charge “alleges that Bergdahl endangered the safety of troops at Observation Post Mest in Paktika Province by walking away and causing the military to launch ‘search and recovery operations,’” adds the article.

Under the desertion charge, Bergdahl is accused of being a deserter until about May 31, 2014, the day he was traded for the Taliban terrorists.

Cody Full, 28, Bergdahl’s former platoon mate, and Evan Buetow, 28, who was the sergeant and team leader of Bergdahl’s unit, welcomed the new charge levied against the accused deserter.

“You give an oath,” Full told USA Today. “You sign your name to serve your country no matter what you’re supposed to fill that oath.”

“The whole reason we came forward last year when they released Bowe, we knew he needed to answer for what he did,” added Buetow. “We knew he was not a hero… He had to answer for why he deserted, and that’s what happened.”

Eugene Fidell, Bergdahl’s attorney, asked that government officials stop leaking information that could negatively impact his client’s right to a fair trial, urging Americans to hold judgment until all the facts surface.

“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,” notes The Associated Press (AP).

Bergdahl was taken hostage by the Taliban after he left his post in Afghanistan.

He was eventually released in a controversial exchange for five senior Taliban commanders held at the Guantanamo Bay military prison. President Obama approved the exchange.

The president violated the law by not notifying lawmakers 30 days prior to transferring the five Taliban commanders out of Guantanamo, according to the Government Accountability Office (GAO), Congress’ investigative arm.

Bergdahl was charged with desertion in March.

According to the Army, the alleged deserter remains at Fort Sam Houston in Texas and is not currently under arrest or any form of confinement. (1 image)

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Begin Trace Mode for Comment # 9.

#3. To: cranky, redleghunter, sneakypete (#0)

Interesting that they revived the old but harsh 'misbehavior before the enemy' charges. No one predicted that one.

It seems much more serious than mere desertion. I think the prosecutors are going for his throat. They don't intend to let him slip away.

I'd expect him to get 20-30 years in Leavenworth.

Tooconservative  posted on  2015-09-08   8:36:35 ET  Reply   Untrace   Trace   Private Reply  


#5. To: TooConservative (#3)

Interesting that they revived the old but harsh 'misbehavior before the enemy' charges. No one predicted that one.

It seems much more serious than mere desertion. I think the prosecutors are going for his throat. They don't intend to let him slip away.

I'd expect him to get 20-30 years in Leavenworth.

I was not surprised with the 'misbehavior before the enemy' charge. Saw it coming with all the language in the commmander's inquiry over endangerment of other soldiers etc.

GEN Milley is the CSA now. Where Odierno was tough and competent, Milley is tough and thorough.

I've witnessed (in the recent past) many a LTC and COL go before GEN Milley with a staff estimate only to come back as 'charred remains.':)

redleghunter  posted on  2015-09-08   10:10:51 ET  Reply   Untrace   Trace   Private Reply  


#6. To: redleghunter (#5)

"Charred remains"

LOL....

CZ82  posted on  2015-09-08   11:02:46 ET  Reply   Untrace   Trace   Private Reply  


#7. To: CZ82 (#6)

"Charred remains" LOL....

Well yes it was uncomfortable to watch. I avoided direct confrontation with him. When the chief of staff assigned me and my section a tasking to provide an information paper on a subject, we properly returned an information paper by the book. If the info paper did not answer all of Milley's questions, he arranged an in person decision/info brief. So I missed out on that:) By doing the research and 'answering the mail and more' in the paper.

GOs are busy and when they 'have' to see someone, it is because they either want to or they did not get all the info they wanted or required. You respect a GOs time by putting in the right staff work (especially at that level) so he does not have to call you on the carpet for 'answers' or 'illumination.'

redleghunter  posted on  2015-09-08   12:03:53 ET  Reply   Untrace   Trace   Private Reply  


#8. To: redleghunter (#7)

Better more than he wants vs less than he needs, as long as the info is relevant. I never had to brief a GO so I'm guessing I shouldn't be unhappy about that... 😎

CZ82  posted on  2015-09-08   13:34:53 ET  Reply   Untrace   Trace   Private Reply  


#9. To: CZ82 (#8)

Better more than he wants vs less than he needs, as long as the info is relevant.

Exactly.

If the GO is a 'conceptual guy' you only give him broad strokes to energize his brain, because he will do most of the fleshing out of the concepts. If you go too deep with this type of GO then, expect to defend your propositons if he was thinking of something else.

Milley is more the thorough numbers guy. Everything must have the details and math laid out for him or he won't look at it. He figures that if he has to do the 'math' why does he have a staff. He's right IMO.

There's a third type of GO but rare in the Army these days. Worked for a one- star (after working for a 2 & 3 star) and he ended up being a 'regular guy'. Oh he was intelligent, well educated, great file etc. But you could sit and talk about family and sports with this GO. If you could not engage on a social level with this GO you were not in his 'circle of trust.' He hated powerpoint, position papers. Instead we either stood up in his office or sat down and he asked us what was going on, what areas we were focused on etc. No electronic media. We sometimes handed him a 'one pager' to jog his memory later, but he was all about talking and hearing. Very rare type, and I enjoyed working for him.

redleghunter  posted on  2015-09-08   14:15:27 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 9.

#12. To: redleghunter (#9)

He hated PowerPoint, position papers.

I know the feeling I hated them too. Would rather have a copy of the "minutes" to remind me of things later.

I had one boss that doted on PowerPoint and other such useless Schitt, I hated going to any meetings he was involved with and wanted to hear what came out of his mouth even less. He's the one that got drunk on the last night of an exercise and passed out in his tent. We duct taped his ass to his bunk and carried him about 1/4 mile out into the woods. If the Major hadn't missed seeing him in formation that last morning he might have gotten left out there, damn!!!

CZ82  posted on  2015-09-08 14:55:57 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 9.

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