The PJ Tatler

Bergdahl Charged with Desertion, Misbehavior Before the Enemy

Sgt. Bowe Bergdahl could face life behind bars for walking away from his unit and into the hands of the Taliban, the Army announced today.

Bergdahl, who has been pulling desk duty at Fort Sam Houston since last summer, was charged with counts of desertion and misbehavior before the enemy.

Taken in 2009, Bergdahl was the only American POW held by the Taliban. They received five high-level Guantanamo prisoners in exchange for his return.

Bergdahl will now face an Article 32 proceeding similar to a grand jury where the charges will be weighed. There was no word on whether Bergdahl’s defense team would try to work out a deal.

“This case has been made more difficult by the administration’s failure to follow the law surrounding the release of the Taliban 5,” House Armed Services Committee Chairman Mac Thornberry (R-Texas) said in a statement. “But, Sgt. Bergdahl’s conduct should be considered under the Uniform Code of Military Justice as would any other service member’s, and I trust it will be.”

Qatar agreed to keep the Taliban 5 for a year, which will be up in a couple of months.

“I don’t have anything to discuss about it at this point in time. As you mentioned, it’s a couple of months from now. Obviously, we’ll continue consultations, as will many in the United States government, but I don’t know,” State Department press secretary Jen Psaki said today when quizzed about that looming date.

“As you know, the incidents of recidivism have dropped dramatically over the last couple of years,” she added. “We work closely with the government of Qatar on these issues. But I don’t have any predictions for you on what will happen several months from now.”

White House spokesman Josh Earnest was asked whether the administration knew the charges would come today, when Afghan President Ashraf Ghani addressed a joint session of Congress.

“I’m not aware of any plans for them to do that, but this is a process that’s being run by the United States Army, so I’d direct you to the Pentagon for an answer,” Earnest said.

President Obama threw a White House Rose Garden ceremony last May with Bergdahl’s parents to laud the sergeant’s release. Members of Congress, though, fumed that they weren’t notified of the trade. The administration said they had to move forward without notification as required by law because they feared Bergdahl’s life was in danger.

A week later, National Security Advisor Susan Rice defended the swap, as well as her defense of Bergdahl. “I realize there has been lots of discussion and controversy around this,” Rice said. “But what I was referring to was the fact that this was a young man who volunteered to serve his country in uniform at a time of war. That, in and of itself, is a very honorable thing.”

In January, the White House said the Bergdahl swap didn’t qualify as negotiating with terrorist groups.

“The Taliban is an armed insurgency. ISIL is a terrorist group. So we don’t make concessions to terrorist groups,” spokesman Eric Schultz told reporters.

“As you know, this was highly discussed at the time, and prisoner swaps are a traditional end of conflict interaction that happens,” the spokesman said. “As the war in Afghanistan wound down, we felt like it was the appropriate thing to do. The president’s bedrock commitment as commander in chief is to leave no man or woman behind. That’s the principle he was operating under.”

Then, he said the Taliban — hosts of al-Qaeda camps, suicide bombers, throwers of acid on schoolgirls — didn’t qualify as terrorists.

“The Taliban is an armed insurgency. This was the winding down of the war in Afghanistan. And that’s why this arrangement was dealt,” Schultz continued. “Our view is, as the president said at the time, which is, as the commander in chief, when he sends men and women into armed combat, he doesn’t want to leave anyone behind. That was the commitment he was following through on this.”