Bergdahl: Misbehavior Before The Enemy charge stands – IOTW Report

Bergdahl: Misbehavior Before The Enemy charge stands

Bergdahl case: Judge lets rare misbehavior charge proceed

RALEIGH, N.C. — The military judge overseeing Army Sgt. Bowe Bergdahl’s case says prosecutors can try the soldier on a rare charge alleging he endangered comrades by walking off his post in Afghanistan in 2009.

The judge, Col. Jeffery Nance, rejected a defense motion on Thursday to dismiss the charge of misbehavior before the enemy, which carries up to a life sentence.

Bergdahl also faces a desertion charge, punishable by up to 5 years, at trial in October.

Defense lawyers said prosecutors used faulty logic to charge Bergdahl with a crime more serious than his underlying actions.

The judge acknowledged that case law is “scarce” because the misbehavior charge is so rarely used, but he said a soldier who leaves his post alone and without authorization should be aware he could face punishment.  — MSN

 

8 Comments on Bergdahl: Misbehavior Before The Enemy charge stands

  1. Why was “Desertion In The Face Of The Enemy” not charged?

    He abandoned his post in an active combat zone and went over to the enemy.

    He’s almost as guilty as Songbird McCain.
    Although McCain killed 150 shipmates, and Bergdahl couldn’t match McCain’s body count.

  2. Bacca Boy Bergdahl’s atty filed a motion to have his charges dismissed based on Trumps campaign rhetoric against him. Nice try but no cigar.
    I heard a JAG officer speak to how military tribunals are actually fairer than civilian courts. She said an accused has the option of a bench trial or jury trial, if he opts for jury trial, the accused has the option of enlisted or officer jurors. Anyone know if this applies here?

    Sec of State Tillerson, in a recent speech made mention that the Afghanistan govt is making reformative measures, they just outlawed Bacca Bazi. Whew, what progressives they’ve become.
    Wonder what happened to our military officer brought up on charges for slapping an Afghan police officer for raping a 9 y.o. boy? I’m sure there’s numerous military troops languishing in jails for “offending” the enemy under obama’s admin.

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