Officer: Bergdahl shouldn't be jailed for deserting post
SAN ANTONIO — The officer who led the investigation of Bowe Bergdahl’s disappearance and capture in Afghanistan six years ago says he doesn’t think the Army sergeant should go to prison.
Maj. Gen. Kenneth Dahl testified Friday at Fort Sam Houston in San Antonio that Bergdahl said he walked away from his post as part of a plan to spark a search and get the attention of a general so he could express his concerns about his unit’s leadership. Dahl told a packed courtroom that Bergdahl felt the problems were so severe that they put his platoon in danger, but that Bergdahl’s perceptions were “completely off the mark.”
Dahl said Bergdahl had an elaborate plan to create a “PR event” that might get a general to listen to him.
“He felt it was his duty to intervene,” said Dahl, who described Bergdahl as having few friends but who seemed motivated to help others.
He concluded his statements by saying he doesn’t think Bergdahl should serve time in jail.
Bergdahl was captured by the Taliban after leaving his post on June 30, 2009, and held until last year, when he was exchanged for five Taliban commanders being held at the U.S. detention center at Guantanamo Bay, Cuba. His commanding officers in Afghanistan testified Thursday about the grueling 45-day search for Bergdahl, saying it put other soldiers in danger.
Military prosecutors charged Bergdahl in March with desertion and misbehavior before the enemy. His Article 32 hearing, which was concluded Friday, will help determine whether he should face a court-martial.
The prisoner exchange drew a lot of public criticism, with many Republicans and some Democrats saying they felt it was politically motivated and contrary to the U.S. policy of not negotiating with terrorists.
Terrence Russell, with a military agency that works with soldiers and others who have been held captive and who debriefed Bergdahl, testified that Bergdahl was subjected to worse conditions than any American prisoner of war since the Vietnam War and was “skin over bones” near the end of his captivity.
While wrapping up their cases, military prosecutor Margaret Kurz said Bergdahl should face a court-martial because his decision led to a lengthy search that put other soldiers in danger.
His lead attorney, Eugene Fidell, said Bergdahl never intended to avoid his duty and that his case should be treated like a one-day AWOL stint, which he said carries a penalty of 30 days’ confinement.
If Bergdahl is tried and convicted of the misbehavior before the enemy charge, he could get life in prison. He also could be dishonorably discharged, reduced in rank and made to forfeit all pay if he’s convicted.
