Deserter Bowe Bergdahl Won’t See Jail Time

From Fox News:

An Army officer is recommending that Sgt. Bowe Bergdahl face a lower-level court martial and be spared the possibility of jail time for leaving his post in Afghanistan, his lawyer said Saturday.

Military prosecutors charged Bergdahl in March with desertion and misbehavior before the enemy, a charge that could carry a maximum penalty of life imprisonment.

But defense attorney Eugene Fidell said Lt. Col. Mark Visger has recommended that Sgt. Bergdahl’s case be referred to a special court martial, which is a misdemeanor-level forum. It limits the maximum punishment to reduction in rank, a bad-conduct discharge and a term of up to a year in prison.

Fidell also said that Visger recommended that there be no prison time or punitive discharge against Bergdahl. In light of Visger’s recommendations, the defense is asking that the case be disposed of non-judicially, rather than by any court martial.

Visger presided over last month’s Article 32 hearing in Texas that reviewed evidence against Bergdahl. Visger submitted a report with his recommendation on Monday, but the Army hadn’t said what Visger recommended.

Gen. Robert Abrams, the commanding general of U.S. Army Forces Command, will ultimately decide whether the case should be referred to a court-martial. No timeline has been given for a decision from Abrams.

“These are highly discretionary matters and, needless to say, I hope General Abrams does the right thing, but it’s his call,” Fidell said by phone Saturday.

Paul Boyce, a spokesman for the U.S. Army’s Force Command, released a statement Saturday that didn’t confirm Visger’s decision.

“As legal action is ongoing, we continue to maintain careful respect for the military-judicial process, the rights of the accused, and ensuring the case’s fairness and impartiality,” Boyce said.

Philip Cave, a retired Navy judge advocate now in private practice in Virginia, said commanders often follow the officer’s recommendation.

“The real issue here is the politics. That’s the elephant in the room. How much is Abrams going to be affected by the politics?” Cave said. “I think the answer is, fairly little at this point.”

Fidell released a memorandum addressed to Visger. It said the defense team is “grateful for the balanced, judicious, and humane approach you have taken to this complex case, and for the evenhanded way you conducted the public hearing.”

It added that Visger’s report should be made public “so the American people can be fully informed of your findings.”

“The pity is, there’s no reason for not having transparency,” Fidell said Saturday, adding that Bergdahl’s defense team planned to file a written appeal next week seeking to have the full report released. “It’s a self-inflicted wound for the Army.”


Does this look like he’s being held captive, and where is the uniform that he walked away in?

They are handling this case with kid gloves and the only reason I can see for doing that is because they got orders from the top to be gentle with this prize O got in his traitorous trade for the 5 Taliban leaders that he set free.

The story goes that Bergdahl was captured by the Taliban after leaving his post on June 30, 2009, and held until last year, but by all appearances it looks like he walked away and joined them. His commanding officers in Afghanistan did a 45-day search for Bergdahl that put soldiers in danger and cost six of them their lives.

That Visger is grateful for the humane approach and the team is careful to protect the rights of the accused, says that extenuating circumstances are a factor, and that screams string pulling from O’s admin.

While Trump is saying that he should be executed and many will agree with him, at the very least his punishment should include prison time. They owe six soldiers that much.


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11 Responses to Deserter Bowe Bergdahl Won’t See Jail Time

  1. Hardnox says:

    This is simply WRONG on so many levels. I’ll stop now before I go on a profanity laced rant.

    • Kathy says:

      Yes it is and the picture at the top of the post says a lot. That plate full of food and the side order of bananas looks like he’s eating pretty well. He’s got an ink pen in his pocket – since when do prisoners get to keep sharp objects?

  2. Buck says:

    If they let this traitor skate I hope Army recruitment drops off 100%.

  3. Uriel says:

    Well said Kathy. He had murdered 6 good soldiers for his treason. Deserves death.

  4. vonmesser says:

    He does not deserve jail time. He should be immediately shot.

    • Kathy says:

      They won’t shoot him, but they should at least give him some prison time. And I’d bet those other inmates rate deserters right up there with child molesters.

  5. Garnet92 says:

    Thus continues the WIMPIFICATION of our entire population. I always thought that the military would be exempt from the wimpification of society where kids can’t even play “tag” ’cause they might get hurt, where we have playtime monitors to make sure that recess is violence-free and it goes on. Bad enough we’re training our kids to be total wimps and afraid of their own shadows, but now we’re setting an example that it’s ok to desert your post in the face of an enemy and maybe just be sent to bed without supper.

    Bergdahl should be shot as a deserter and if he lives, he can serve out his days in solitary confinement. He does not deserve any consideration at all. And, Obama should be standing beside him since he too is a traitor to our brave military and to the country.

    • Kathy says:

      He walked away from his unit during combat, period. There should be no extenuating factors.

      Allen West wrote this today and it seems he agrees with my theory about orders coming from the top…

      “There can be no doubt that there has been undue command influence at the highest levels in this case. This is why Bergdahl’s defense attorney was never concerned. He didn’t seek a “plea bargain” and allowed this to take its course. He knew very well there was no possibility the maximum punishment would ever happen — heck, there may be no punishment at all.”

      West is disgusted with his Army, and with good reason.