Military selects rarely used charge for Bergdahl case

[Recursion]

Source: Washington Post

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, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.

Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was — but he was also charged with misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.

“I’ve never seen it charged,” Walter Huffman, a retired major general who served as the Army’s top lawyer, said of the misbehavior charge. “It’s not something you find in common everyday practice in the military.”

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.”

Read more: http://www.washingtonpost.com/national/military-selects-rarely-used-charge-for-bergdahl-case/2015/09/07/320119f8-556f-11e5-9f54-1ea23f6e02f3_story.html

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That is interesting.

[Feeling the Bern]

1. Nothing is more dangerous than a government official with an axe to grind.

[Bluenorthwest]

4. Is that one of Reagan's?

nt

[Recursion]

6. Thatcher, I think? Though Googling gives me nothing, so I may have made that up. (nt)

[Feeling the Bern]

17. Google it all you want. It isn't Raygun or that witch Thatcher.

It came from my head. But thank you for insulting me by saying I am channeling two people I despise with every ounce of blood I have.

[cheapdate]

23. We share your loathing in every regard for those two.

I think I can speak for Recursion and Bluenorthwest and say that no insult was intended.

[hack89]

2. He deserves it. nt

[MADem]

3. Bergdahl was a "low quality recruit." The very first time he wandered outside the wire, he should

have been charged, given NJP, and administratively discharged as unsuitable for service. If they'd done it right, he should have been REJECTED for service based on his inability to complete basic with another branch.

This guy washed out of the Coast Guard--he was a poor fit for any military duty.

He was picked up in a "bottom of the barrel scrape" when the Army was hurting for bodies.

[Kath1]

9. Exactly.

My niece was seriously considering the military a few years ago. Peacenik Aunt Kath talked her out of it.

So glad I did!

[sarge43]

22. The damn Project 100,000 FUMAR reboot

But then, promote the guilty, punish the innocent ... reboot

[MADem]

24. Well, if we were using the draft, we'd never have had to scrape that low.

Thank heavens we WEREN'T using the draft--I shudder to imagine Shrub and the Dick with a nearly unlimited supply of cannon fodder.

This young man should NEVER have been accessed into the Army. He had his chance with the Coast Guard, and he couldn't cut it.

[blackspade]

5. This is so obviously politically driven.

"misbehavior before the enemy?" what a crock of shit.

I think years as a POW is quite enough at this point.

[Recursion]

10. Right?

I think years as a POW is quite enough at this point.

That was my thought, too. The rules are there for your protection; you break them, you pay the consequences. Bergdahl did, and did.

[jberryhill]

27. That may be taken into account at sentencing

I'm not up on military sentencing guidelines, but I would imagine they are more flexible than civilian criminal sentencing guidelines.

Clearly, he wandered off voluntarily and caused a heck of a mess. Trying him on an appropriate charge seems fitting. What sort of sentence he gets is yet to be determined.

[Big_Mike]

32. His offense cuts to the heart of military discipline.

He enlisted of his own free will. The fact that he is a dud and mostly useless does not mitigate the fact that he CHOSE to take off. This action not only endangers others during the search for him, but it weakens the bonds between all service persons. He needs to serve much more time than the traitor Jonathan Pollard, who will have served 30 years when he is released. Personally, if I were a member of the Courts Martial board, I would go for life with no chance of parole.

These actions fray the very cloth of military discipline. I don't believe that the death penalty is merited. But 40 or 50 years behind bars is almost enough.

[TwilightGardener]

7. If they're "piling on" with duplicate charges for no reason other than to apply a harsher

sentence, then someone needs to explain why. Is he being made into an example for some reason? I find it sick that they would consider imprisoning him, even though I fully understand and agree they have to go through a judicial and punishment process of some sort. Only enlisted troops--usually junior enlisted--ever seem to get whooped like this. The commanders and supervising NCO's who probably knew he was a mentally or emotionally ill "problem child" and swept it under the rug will never receive any marks against them. Edit to add: I wonder if the "misbehavior" charge stems from reports that he was using hashish with Afghan police encamped nearby at the time he had wandered off? Either way, I hope the Army explains itself.

[MADem]

13. Maybe they're doing it to place him firmly in "dishonorable" territory. Who knows, though?

I hope they explain themselves, too.

They need to start by explaining why they ignored the fact that the Coast Guard washed him out because he was a fuck-up.

[TwilightGardener]

15. Yes, I'm hoping it's deliberate overkill for some good reason that will make sense later.

[FairWinds]

8. Veterans For Peace . .

supports Bowe.
PTSD is rampant among the troops.
There are literally thousands who have left their posts.
Are you going to jail them all?
It's easy to snap.

From a Vietnam Vet.

[Recursion]

11. To me the desertion case is a given

He had a post to hold, and did not hold it. That's desertion. There can be mitigating circumstances, as there always are.

Bringing in "Misbehavior" is a complete anachronism.

[MADem]

14. Well, technically, "desertion" is leaving and NEVER INTENDING TO RETURN.

Anything else is AWOL. It's usually a 30 day test--after a month, they figure "He ain't coming back."

Now, he got clipped by the enemy while pooping just shortly after he went walkabout. Maybe he would have "intended to return" but was thwarted by capture?

[sarge43]

26. Back when in the Fly Force

one of the tests was did the bolter take anything military with him - ID card, uniform, even part of it, etc. If so, defense JAG could make a good case for "intended to return".

[840high]

12. Probably well deserved.

[mwrguy]

16. The deck is being stacked

[msongs]

18. meanwhile the white house criminals responsible for all this walk freely among us nt

[secondwind]

19. they chose a charge that is very hard to prove... interesting indeed

[DinahMoeHum]

20. "Military justice" is an oxymoron.

[sarge43]

28. Right. The civil system is model of objectivity and fairness

I'm sure the families of Treyvon Martin and Michael Brown would agree.

When was the last time a serviceman was executed for a capital crime? When was the last time a civilian was?

The UCMJ had Miranda protection long before the civil system had to be told by the Supremes to get one.

A general discharge can and often is upon request upgraded. Anything lower such as a Bad Conduct is automatically appealed thru the civil court system.

It isn't perfect; no human system is, but it's not an oxymoron.

[DinahMoeHum]

29. Fair enough. But I still want Bergdahl acquitted.

Anything less, and I'll scream injustice.

[sarge43]

31. I do, too.

MADem is right; he didn't belong in the service and he sure didn't belong in a combat zone. From what I've read about him, he seems naive and idealistic - a bad combo for military service. You have to toughen up and get realistic very quickly.

I'm afraid they're trying a Pvt Slovik - making an example. It's IMO an unsmart ploy on the Army's part. This isn't 1945 and the Stan fiasco isn't a no quarter asked or given conflict. We're far more aware of PTSD and what it can do to even harden troops, let alone greenies and newbs.

He may deserve some punishment; leaving the unit in a combat zone is wrong. However, he shouldn't be beaten to death. He's gone through enough hell.

[happyslug]

34. Miranda Rights were given to FEDERAL Prisoners as early as 1912,

The US Supreme Court ruled that if the arresting officer committed a crime (including NOT permitting the prisoner to contact a lawyer), they would NOT consider any evidence gathered. The US Supreme Court then left it up to the states to do similar mechanism of enforcement, some advocated bring CRIMINAL CHARGES against the officers who violated some one's civil rights, other advocated fines on the officers. None were adopted by the State Legislature (or congress). Thus the State Courts had to address the problem and many just adopted the Miranda rule.

By the time Miranda was decided, many states had similar rulings from their courts. Thus by the time of Miranda the other mechanisms purposed have NOT been passed by any state, thus the US Supreme Court adopted Miranda in Miranda but did say it would entertain other enforcement mechanisms if a state would try one. None have for the Police hate the alternatives, the Police would rather have criminals walk then they pay a fine for the illegal acts of the Police and the State Legislature and Congress have adopted the same attitude.

[Dont call me Shirley]

21. Maybe he's been speaking a little to much truth for the warmongers.

[FairWinds]

25. Meanwhile, the torturers walk free among us . .

What, no trial for them?
Bergdahl had a duty to refuse to take part, and he did that duty - although
probably not in the most sensible way.
He is one of the few USAeans who took part in the Iraq & Afghanistan fiascoes
who does NOT belong behind bars.

Veterans For Peace is full of people who finally refused to follow
the illegal orders issued by the empire's spear carriers.

[catnhatnh]

30. I think the charge is correct...

He volunteered to be there and there seems to be tons of mitigation, but none of that changes his action or the outcome. He could have refused to stand his post, he could have cried and pissed the bed, he could have masturbated on the CO's desk and any of those would have gotten him lesser charges and OUT. But when he walked off there could be no way he didn't know it meant foot patrols for his fellow soldiers in harms way. Argue until the cows come home but desertion would have caused way fewer problems even for himself...

[FairWinds]

33. Hey Mr. Cat . .

Sorry but you do not get it.

Desertion from the Forever War is a heroic act.

I should have deserted from the US Army in Vietnam,
but my cowardice kept me from doing so.

And you are strangely silent on the subject of torture . .

I very much doubt that you have seen war up close.