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Army Sgt. Bowe Bergdahl Pleads Guilty To Desertion, Could Face Life In Prison

Bergdahl left his post in Afghanistan and was held captive for five years, leading to multiple military rescue missions.
United States Army/Wikimedia Commons (Public domain)
Bergdahl left his post in Afghanistan and was held captive for five years, leading to multiple military rescue missions.

From Texas Standard.

In 2014, the Obama administration secured the release of Bowe Bergdahl from captivity in Afghanistan by agreeing to release five Taliban prisoners being held at Guantanamo. At first, Bergdahl’s homecoming was celebrated as a hero’s return. What most Americans didn’t know at the time was that, back in 2009, Bergdahl had deserted his post in Afghanistan before he disappeared. He spent five years as a captive of the Taliban.

Upon his release, Bergdahl was flown to Texas for what the Army described as medical and psychiatric treatment. He was formally charged with desertion and misbehavior before the enemy – a rare charge that is invoked when servicemembers run away, surrender, or otherwise endanger fellow troops’ safety.

Monday, Bergdahl, now 31, pleaded guilty to both charges. What happens next?

Geoffrey Corn, a professor of law at South Texas College of Law Houston and a retired Army lieutenant colonel, says he’s not surprised that Bergdahl is pleading guilty.

“I don’t think there really was ever a significant issue related to whether he committed these offenses,” Corn says. “This has never been a whodunnit.”

Corn says the plea is unusual, though. “Because apparently he entered a plea without the benefit of any deal, he is at risk of the maximum penalty,” he says. “And the maximum penalty, because of the misbehavior charge, is life in prison.”

During his presidential campaign, Donald Trump made comments about the case.

“The candidate Trump statements regarding Bergdahl were definitely, in my view, outrageous and out of line, particularly by someone who anticipated maybe being the commander-in-chief at the time of the trial,” Corn says. “Having said that, I think Col. Nance, the military judge, made the right decision when he denied the defense motion to dismiss the charges based on those statements because, as he said, and I agree with him, he believed that a military jury could be instructed and would be able to set aside those comments and not let them influence their decision.”

Corn says there are no mandatory minimum sentences in the military, so the judge has absolute discretion in sentencing Bergdahl.

“If I were a betting man, I think there’s no question that he’s going to get a dishonorable discharge, which is the worst type of discharge that can be given to a servicemember,” Corn says. “And I think he’ll probably get some confinement, but I would say probably in the three to five year range.”

Corn says Bergdahl’s behavior was more than just a strategic nightmare for the United States.

“Within the military, members of the military viewed this as a serious breach of honor that put fellow soldiers in mortal jeopardy,” he says.

Written by Jen Rice.

Copyright 2020 KUT 90.5. To see more, visit KUT 90.5.

Rhonda is the newest member of the KUT News team, joining in late 2013 as producer for KUT's new daily news program, The Texas Standard. Rhonda will forever be known as the answer to the trivia question, “Who was the first full-time hire for The Texas Standard?” She’s an Iowa native who got her start in public radio at WFSU in Tallahassee, while getting her Master's Degree in Library Science at Florida State University. Prior to joining KUT and The Texas Standard, Rhonda was a producer for Wisconsin Public Radio.