The Pentagon Throws the Book at Bowe Bergdahl
by David French
September 8, 2015 3:24 PM
@DavidAFrench
It looks like the Obama administration may have traded five high-ranking
Taliban prisoners for someone who was worse than a deserter:
Military prosecutors have reached into a section of military law
seldom used since World War II in the politically fraught case against
Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the
Taliban after leaving his post in Afghanistan.
Observers wondered for months if Bergdahl would be charged with
desertion after the deal brokered by the U.S. to bring him home. He was —
but he was also charged with misbehavior before the enemy, a much rarer
offense that carries a stiffer potential penalty in this case.
Misbehavior before the enemy violates Article 99 of the Uniform Code of
Military Justice and includes grotesquely dishonorable behavior,
including running away, “shamefully” abandoning any place that it is his
“duty to defend,” “cowardly conduct,” or endangering the safety of his
unit through his own “disobedience, neglect, or intentional misconduct.”
The maximum penalty is death, but it’s highly unlikely that the Army
will seek to execute Bergdahl. Life imprisonment, however, is much more
realistic.
Given what we know about this case, Article 99 is an appropriate charge.
As he knew — as everyone knew who served downrange — the military will
launch a massive search for any soldier missing in action. Not only is
there a moral imperative not to leave a fallen comrade, prisoners in
enemy hands would likely be tortured, exploited for intelligence
information, then executed (on film) in the most brutal way possible.
While the military apparently disputes the allegation that soldiers died
searching for Bergdahl, he unquestionably put his brothers-in-arms at
immense risk.
Next up is an Article 32 hearing on September 17. More evidence will
emerge during the court-martial proceedings, but thus far I’ve seen
nothing to contradict the charge and much evidence to support the
prosecution. In the meantime, five Taliban commanders were unavailable
for comment. They were too busy plotting the deaths of American soldiers
and civilians.
Read more at: http://www.nationalreview.com/corner/423764/buzzfeed-trying-make-liberal-millennials-look-narrow-minded-ignorant-bigots-david
Read more at: http://www.nationalreview.com/corner/423764/buzzfeed-trying-make-liberal-millennials-look-narrow-minded-ignorant-bigots-david
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