Sgt Bowe Bergdahl, a US army soldier who disappeared from his post in Afghanistan in 2009, will be tried in military court for desertion and misbehavior before the enemy.
Bergdahl was the subject of a controversial prisoner swap in May 2014, when the Obama administration negotiated Bergdahl’s release in exchange for five Taliban fighters detained at Guantánamo Bay. If convicted on both counts, Bergdahl faces a maximum sentence of life in prison.
“Lieutenant Colonel Rosenblatt, Captain Foster and I had hoped the case would not go in this direction,” lead defense attorney Eugene Fidell said in a statement, referring to Bergdahl’s defense team. “We will continue to defend Sergeant Bergdahl as the case proceeds.”
Bergdahl’s case became a high-profile political football almost as soon as news of his release broke. Congressional Republicans, as well as Donald Trump, now a presidential candidate, criticized Bergdahl as a traitor, and accused the Obama administration of breaking the law by notifying members of the prisoner swap less than three hours in advance. Congressional Democrats have argued that the legality of the swap hasn’t been fully evaluated, and that the “leave no man behind” standard should be upheld.
Addressing the Republican scrutiny, Fidell said: “We again ask that Donald Trump cease his prejudicial months-long campaign of defamation against our client.” Referring to an investigation by Congressional Republicans, he said: “We also ask that the House and Senate armed services committees avoid any further statements or actions that prejudice our client’s right to a fair trial.”
Aside from political controversy, Bergdahl’s case has also entered the popular imagination as the latest subject of Serial, one of the most downloaded podcasts in the world. In the series, the soldier’s conversations with film-maker and journalist Mark Boal explore Bergdahl’s rationale for walking alone into the desert unarmed. Bergdahl was captured upon leaving his post in Afghanistan and held for five years in brutal conditions.
The announcement follows an official recommendation not to prosecute Bergdahl.
In September, he was the subject of an Article 29 hearing at Fort Sam Houston in San Antonio, Texas, where he has been stationed since his return to the US. The proceeding is similar to a grand jury. A military officer who headed an investigation into Bergdahl’s appearance recommended that the army find a “non-judicial” remedy to Bergdahl’s case.
At the time, Bergdahl was characterized as an overly idealistic soldier who left his base to draw attention to what he saw as deficiencies in leadership.
Bergdahl will travel to Fort Bragg in North Carolina for his arraignment. No date has been announced for that hearing or a trial.
