A look at Sgt. Bowe Bergdahl’s Article 32 hearing
U.S. Army Sgt. Bowe Bergdahl faces a hearing Thursday to determine whether he’ll be court-martialed on a desertion charge.
Bergdahl was held captive by the Taliban for years until a deal was worked out for his release.
Bergdahl is facing military charges, including desertion, for leaving his post in Afghanistan in June 2009. A hearing is scheduled Thursday, September 17, 2015, at Fort Sam Houston in San Antonio.
HOUSTON (AP) – Lawyers for Sgt.
His attorney, Eugene Fidell, has asked the military to publicly release the transcript and a summary of an investigative report before or during the Article 32 hearing, saying it could help counteract negative publicity.
Officials are aware of the request from Bergdahl’s lawyers and will respond to it “in due course”, said Colonel Daniel J.W. King, a spokesman for U.S. Army Forces Command, located at Fort Bragg in North Carolina. It could last several days.
Corn said Army prosecutors may not have to show anything more than evidence that Bergdahl’s abandonment of his post created a potential danger for all US soldiers in the area, as well as any engaged in rescue attempts. He was held for five years before being released in 2014 in a controversial exchange for five Taliban operatives held at Guantanamo Bay. The panel that will hear the arguments serves the same function as a grand jury in civilian criminal cases, and either will recommend a court martial or dismissal of charges.
While the Pentagon has said there is no evidence anyone died searching for Bergdahl, legal experts say the misbehavior charge allows authorities to allege that Bergdahl’s actions put soldiers who searched for him in harm’s way. Bowe Bergdahl released documents Tuesday showing he has unsuccessfully sought to get the Army’s permission to make public an interview his client did with an investigator in San Antonio.
Larry Youngner, a Washington, D.C.-based attorney who specializes in military law, said he believes there is a “very strong case” by the prosecution.