Military Law

Bergdahl to face court-martial on charges carrying a possible life sentence

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Army Sgt. Bowe Bergdahl is facing court-martial charges that could bring a life sentence, despite an initial recommendation against any jail time for the accused Army deserter.

Gen. Robert Abrams made the decision on Monday to refer Bergdahl to court-martial on charges of desertion and misbehavior before the enemy, report the New York Times, the Washington Post and the Army Times. The Army lawyer who presided at an Article 32 hearing in September, which is similar to a preliminary hearing, had recommended no jail time and no punitive discharge, Bergdahl’s lawyers have said.

Bergdahl was captured by the Taliban after leaving his outpost in 2009 and held for nearly five years before he was freed last year in a swap for five Guantanamo prisoners. The misbehavior charge stems from allegations Bergdahl endangered troops who searched for him after his disappearance.

The decision comes days after Bergdahl said in a Serial podcast that he left his unit in hopes a short disappearance would allow him to be heard about what he believed to be leadership problems in his unit. He said he soon realized he had done something serious but decided to gather information on Taliban fighters in hopes the Army would go easier on him.

“Doing what I did is me saying that I am like, I don’t know, Jason Bourne,” Bergdahl said, referring to the movie character. “I had this fantastic idea that I was going to prove to the world that I was the real thing.”

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