Lawyer: Officer recommends no jail for Bergdahl

Visger’s recommendations of a punishment under Article 15, without a punitive discharge, have not been publicly released, lawyers for Bergdahl said.

A U.S. army hearing has recommended that a sergeant who was held captive by the Taliban and later charged with desertion be spared a prison sentence, lawyers for the soldier said.

But the last time the punishment was used was in World War II when Eddie Slovik was executed.

Lt. Col. Mark Visger’s report to Gen. Robert Abrams, the head of Army Forces Command who is in charge of the case, also will advise that the matter be decided at a special court-martial, lawyer Eugene Fidell told Army Times on Saturday, confirming reports in other media outlets. It limits the maximum punishment to reduction in rank, a bad-conduct discharge and a term of up to a year in prison. No timeline has been given for a decision from Abrams.“These are highly discretionary matters and, needless to say, I hope General Abrams does the right thing, but its his call, ” Fidell said by phone Saturday.Fidell released a memorandum addressed to Visger.

Fidell has repeatedly pointed to testimony during the Article 32 hearing at Fort Sam from a two-star general who investigated the case in arguing that Bergdahl, 29, of Hailey, Idaho, should not get jail time.

Bergdahl did not testify at the Article 32 hearing, but evidence presented at the hearing indicated Bergdahl had left his post in a bid to highlight problems in his unit to a general located 19 miles away.

“Sgt. Bergdahl has missed birthdays and holidays and the simple moments with family and friends”, the President said when the soldier returned.

Bergdahl disappeared on June 30, 2009, from Combat Outpost Mest-Lalak in Paktika Province, Afghanistan, and was captured by the Taliban, where he suffered years of abuse and torture. His commanding officers in Afghanistan say a 45-day search for Bergdahl put soldiers in danger.The Obama administrations prisoner swap was sharply criticized by many Republicans and a few Democrats, who said it was politically motivated and counter to the US policy against negotiating with terrorists. The United States recovered him in May 2014 in a controversial deal in which five Taliban detainees were released from the Guantanamo Bay, Cuba.

During a Thursday speech at the Treasure Island hotel on the Las Vegas Strip, Republican presidential candidate Donald Trump said Bergdahl should face execution for leaving his post.