Desertion

Bergdahl’s Mental Disorder Discussed in Sentencing Hearing

Army Sgt. Bowe Bergdahl has three mental disorders that likely contributed to his decision to abandon his post in Afghanistan in 2009, a psychiatrist for the defense testified on Wednesday morning.

“I do believe they play a role,” Charles Morgan III, a forensic psychiatrist said of the soldier who after walking off of his post was captured by the Taliban. Morgan spent about 20 hours evaluating Bergdahl and said he suffers from schizotypal personality disorder, post-traumatic stress disorder, and social phobia.

Bergdahl is facing life in prison for abandoning his post and misbehavior before the enemy. His defense team rested after Morgan’s testimony.

Bergdahl took the stand earlier this week and said he walked away from Observation Post Mest to Forward Operating Base Sharana to talk to someone about concerns he had with his leadership. His disappearance triggered extensive search and rescue missions. A National Guard soldier was severely wounded from a shot in the head.
The psychiatrist testified Wednesday that Bergdahl knew that what he was doing would get him in trouble, but he is willing to break rules if he believes it’s morally correct.
The defense hired Morgan as a renowned civilian psychiatrist with qualifications in combat stress, PTSD and the effects of captivity, according to motions last year. In addition to his interviews with Bergdahl, Morgan reviewed the soldier’s mental health records and talked to Bergdahl’s family and friends.
“I think that he responds quickly, perhaps too fast, in wanting to find a solution,” Morgan said. “Once he gets an idea that makes sense, he wants to move on it. That played a big role in his decision.”

Morgan described Bergdahl as odd, eccentric and a person who was detached from forging relationships. The prosecution called rebuttal witnesses who countered the detached defense and said that prior to his abandoning his post that he was a “team player.”

Prosecutors are expected to call their rebuttal witness, renowned forensic psychiatrist Gregory Saathoff, on Thursday.

To read the entire article from The Fayetteville Observer, click here:

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Bowe Bergdahl Pleads Guilty to Walking Off Post in Afghanistan

Army Sgt. Bowe Bergdahl pleaded guilty to desertion and misbehavior before the enemy charges to a military judge that may land him in prison for life.

Bergdahl was held captive by the Taliban for five years before President Obama struck a deal freeing five Islamic jihadi detainees from Guantanamo, Cuba in exchange for Bergdahl. In a statement to the judge, Bergdahl admitted his guilt without striking a deal with Army prosecutors, which leaves his punishment up to a military judge.

“I understand that leaving was against the law,” said Bergdahl, he said.

The guilty pleas bring the highly politicized saga closer to an end eight years after Bergdahl vanished. President Barack Obama brought him home in 2014 in a swap for five Taliban prisoners at Guantanamo Bay, saying the U.S. does not leave its service members on the battlefield. Republicans roundly criticized Obama and Donald Trump went farther while campaigning for president, repeatedly calling Bergdahl a “dirty, rotten traitor” who deserved to be executed by firing squad or thrown out of a plane without a parachute.
Bergdahl, now 31, told the judge, Col. Jeffrey R. Nance, on Monday that he now understands that his decision to walk off his remote post in 2009 prompted intense search and recovery missions, during which some service members were seriously wounded. After Bergdahl said he understands that he could be sentenced to life in prison, Nance accepted his pleas.
A military probe began as soon as Bergdahl was freed by allies of the Taliban. He said he abandoned his post with the intention of reaching other commanders and drawing attention to what he saw as problems with his unit.

Bergdahl’s guilty plea without a deal in place could be a risky proposition since the misbehavior charges can bring a life sentence. Several troops were killed and wounded in operations searching for him once he walked off the base.

Bergdahl who was a PFC at the time of his disappearance claimed that he attempted to escape over a dozen times from the Taliban with one such an attempt lasting a week.

To read the entire article from NBC News, click here:

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Bergdahl Chooses Trial by Judge Rather Than Jury

The Army court-martial trial of Sgt. Bowe Bergdahl has taken another turn as his defense team has decided to be tried by a judge — not a military jury — on charges that he endangered comrades by walking off his post in Afghanistan.

Bergdahl faces charges of desertion and misbehavior before the enemy at his trial which is scheduled to take place in late October at Ft. Bragg. If convicted of the most serious charge, he faces life in prison. His lawyers filed a brief in court last week that Bergdahl has chosen trial by judge alone rather than a jury panel made up of officers.

Defense attorneys declined to comment on the decision. But they previously questioned whether Bergdahl could get a fair trial by jury because of negative comments President Donald Trump made on the campaign trail.
Earlier this year the judge, Army Col. Jeffery R. Nance rejected a defense request to dismiss the case over Trump’s criticism of Bergdahl.
Rachel VanLandingham, a former Air Force lawyer not involved in the case, said defense attorneys likely felt limited in how they could probe juror opinions.
“They lost their ability to ask all the questions they wanted to ask, one of those being: ‘Did you vote for President Trump?'” said VanLandingham, who teaches at Southwestern Law School in Los Angeles. “They felt that was very important … for fleshing out whether a panel member could be fair.”

Bergdahl was captured by the Taliban in 2009 after walking off his base and was eventually traded for five Taliban prisoners held at Guantanamo Bay. One aspect of the trial that the judge hasn’t ruled on yet will be will he allow testimony on the casualties suffered by Bergdahl’s unit when they went searching for him.

Bergdahl has been stationed at Joint Base San Antonio awaiting the trial. He is not under any pre-trial confinement.

To read the entire article from The Fayetteville Observer, click here:

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Bergdahl’s Lawyers Want to Know if Prospective Jurors Voted for Trump

Attorneys for accused Army deserter, Sgt. Bowe Bergdahl on Wednesday told a judge that they want to ask potential jurors in the court-martial case how they viewed President Trump and whether or not they voted for him.

According to Stars and Stripes reports released on Wednesday, Eugene Fidell, Bergdahl’s lead attorney said, “the principal issue has to do with ensuring we are able to identify people who have been nominated to be on the court-martial panel — the jury — who are not in a position to render an impartial judgment.”

He added, “key to that is the whole set of issues surrounding President Trump’s outrageous comments throughout the course of his successful campaign for the White House.”

Bergdahl walked off his post in Afghanistan in 2009 and was captured by the Taliban, who held him for almost five years before releasing him. He was charged in 2015 with desertion and misbehavior before the enemy, the latter of which carries a potential life imprisonment sentence. Bergdahl has yet to enter a plea to the charges.
During the campaign, Trump called Bergdahl a “dirty, rotten traitor” and criticized former President Barack Obama’s decision to exchange five Guantanamo Bay detainees for the soldier’s freedom.
The judge in Bergdahl’s case, Army Col. Jeffery Nance, called Trump’s statements “disturbing” and potentially “problematic.” But, according to Stars and Stripes, Nance declined to dismiss the case over them, instead allowing defense attorneys to ask prospective jurors questions about potential influence the president’s comments might have on them.

Prosecutors argued that people’s politics are a personal matter and that Bergdahl’s lawyers stepped over the line. The trial will take place at Ft. Bragg, NC in the coming months. Bergdahl still hasn’t entered a plea, although he’s expected to plead not guilty.

To read the entire article from Washington Examiner, click here:

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Bergdahl Court-Martial Date Set Back, No New Date Set

The scheduled court-martial of SGT Bowe Bergdahl is slated to take place at Ft. Bragg, NC and will be the subject of intense media scrutiny. But the US Army Forces Command (FORSCOM) has shelved the expect start of next week.

While no new date for the trial has been set, a hearing is scheduled for May 5, also at Ft. Bragg.

Bergdahl is charged with desertion and misbehavior before the enemy by endangering the safety of a command, unit or place. He could face life imprisonment if convicted of misbehavior before the enemy.
He walked off his remote post in Afghanistan in 2009 and was subsequently held by the Taliban for five years.
Charges were served to Bergdahl on Dec. 14, 2015, following an Article 32 preliminary hearing on Sept. 17 and 18, 2015, at Joint Base San Antonio.
In the latest motions, prosecutors filed a motion last week to request declassification for seven documents they plan to use during the proceedings.
The documents — all focused on an operation from July 9, 2009 — include pre-mission planning for the operation, eyewitness accounts during the operation and a summary of an Army investigation into the operation.

After Bergdahl’s desertion or capture by the Taliban, his battalion initiated a search for him. In the ensuing action, six members of his unit were killed. Bergdahl claimed to have gotten lost on a patrol and became separated from his unit. However, unit members have testified that there were no combat operations scheduled for the night that he disappeared. The next morning his gear was found neatly folded with just his compass missing.

Bergdahl had written his parents telling them his disillusion with the war and talked openly about walking to Pakistan.

His lawyers have filed several motions to the judges asking them to dismiss the case and use the campaign words of President Trump as grounds for dismissal as Bergdahl’s rights of due process have been violated.

Bergdahl remains on active duty at U.S. Army North at Joint Base San Antonio, Fort Sam Houston, Texas. He is under no pre-trial confinement.

To read the entire article from the Fayetteville Observer, click here:

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