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Bergdahl Sentence – Obama Is Still Giving the Orders

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It was a show trial, but not in the usual meaning of the term. Bowe Bergdahl was never meant to be punished. The trial was all for show.

It was not, however, mismanagement or incompetence, but arguably deliberate.

On the night of June 30, 2009, then Army Private First Class Bowe Bergdahl went missing. On July 2, 2009, the Pentagon said that Bergdahl had walked off his base in eastern Afghanistan with three Afghan counterparts and was believed to have been taken prisoner. Bergdahl’s commanding officers said that a vigorous, but unsuccessful 45-day search for Bergdahl put soldiers in danger. During his nearly five years as a captive of the Taliban, the Army twice promoted, Bergdahl, first to the rank of specialist in June 2010, then to the rank of sergeant in June 2011. On May 31, 2014, Bergdahl was released from captivity in exchange for five senior Taliban commanders held at Guantanamo Bay in a controversial deal negotiated by the Obama Administration.

In June 2014, Major General Kenneth Dahl was assigned to lead the Army’s investigation into the 2009 disappearance and capture of Bergdahl. In August 2014, Dahl interviewed Bergdahl. In December 2014, after a comprehensive legal review, the Dahl investigation was forwarded to a General Courts Martial Convening Authority, Gen. Mark Milley, commanding general of Forces Command.

On March 25, 2015, the Army announced, based on Gen. Milley’s recommendation, that it was charging Bergdahl with misbehavior before the enemy and desertion, carrying a maximum penalty of life imprisonment.

In April 2015, an Article 32 hearing of the Bergdahl evidence was scheduled for July 8. 2015. An Article 32 hearing is similar to the civilian evidentiary or probable cause hearing to determine, after a criminal complaint has been filed, whether there is enough evidence to require a trial. In June 2015, at the request of the defense, the Article 32 hearing was postponed until September 17, 2015.

According to one report of the September 17th Article 32 hearing, Army prosecutors presented a very weak case in support of the charges against Bergdahl. They chose not to call any of Bergdahl’s enlisted comrades who had a very different impression of his behavior than the one Bergdahl gave to investigators. Prosecutors also did not call any witnesses to support the argument that the Army lost men trying to recover Bergdahl.

Remarkably, the Army allegedly buried recordings of signals surveillance in Afghanistan from July 1-2, 2009, days after his disappearance, where Taliban are talking on Bergdahl’s own phone saying he wanted to join them and other recordings where the Taliban, on their phones, are talking about Bergdahl trying to join them.

In an even more bizarre twist of events, the investigating officer, Maj. Gen. Dahl, appeared as a defense witness, where he provided exculpatory “psychological” evidence, describing Bergdahl as a confused, poorly adjusted idealist who doesn’t deserve further punishment.

The presiding officer of the Article 32 hearing, Lt. Col. Mark Visger reportedly recommended a special court-martial for Bergdahl, rather than a general court-martial, the former being essentially a military version of a misdemeanor court. According to Bergdahl’s lawyer, Eugene Fidell, Lt. Col. Visger called for unusually light penalties, recommending against both a dishonorable discharge and confinement.

The following year, the New York Times reported that the Army’s 22-member investigative team, led by Maj. Gen Dahl, which spent two months interviewing scores of witnesses and compiled the report that formed the initial basis for prosecuting Bergdahl, never proposed that he should be tried on the most serious charges.

To an outside observer, it appeared both the prosecution and defense agreed, early on, that Bergdahl was indeed a confused, poorly adjusted idealist who didn’t deserve further punishment.

It was merely coincidental that President Obama appointed General Milley to be Chief of Staff of the Army and, within two months of the Article 32 hearing, Maj. Gen. Kenneth Dahl was promoted to Lieutenant General.

Future deserters will no doubt take note of how easily Bergdahl’s punishment went from life imprisonment to nothing.

The Bergdahl sentence was clearly an unconscionable travesty of justice and a slap in the face to all those who have honorably worn the uniform.

Yet, even before a trial began, the outcome seemed preordained, an eventual de facto Obama pardon, implemented by an Obama Pentagon. (For more from the author of “Bergdahl Sentence – Obama Is Still Giving the Orders” please click HERE)

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Lawrence Sellin, Ph.D. is a retired colonel with 29 years of service in the US Army Reserve and a veteran of Afghanistan and Iraq. Colonel Sellin is the author of “Restoring the Republic: Arguments for a Second American Revolution“. He receives email at [email protected].

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Bowe Bergdahl Gets NO Jail Time

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By AP. Army Sgt. Bowe Bergdahl, who walked away from his post in Afghanistan and triggered a search that left some of his comrades severely wounded, was spared a prison sentence by a military judge Friday in what President Donald Trump blasted as a “complete and total disgrace.”

The judge gave no explanation of how he arrived at his decision, but he reviewed evidence that included the five years Bergdahl was held captive by the Taliban and the wounds suffered by troops who searched for him, including one who now uses a wheelchair and cannot speak.

The case was politically divisive. President Barack Obama traded Taliban prisoners to bring Bergdahl back, drawing sharp Republican criticism. As a presidential candidate, Trump called for the soldier to face stiff punishment. He could have received up to life in prison. (Read more from “Bowe Bergdahl Gets NO Jail Time” HERE)

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Sen. Graham Disappointed in Bergdahl Sentence

By AP. Sen. Lindsey Graham says he’s “incredibly disappointed” in the sentence Sgt. Bowe Bergdahl received from a military judge.

The South Carolina Republican, who served as an Air Force lawyer for more than 30 years, says Friday he has tremendous respect for the military justice system. But he says “this sentence in my view falls short of the gravity of the offense.” (Read more from “Sen. Graham Disappointed in Bergdahl Sentence” HERE)

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Bowe Bergdahl Gives Emotional Statement at Sentencing Hearing, Apologizes to Wounded Service Members

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Army Sgt. Bowe Bergdahl unexpectedly took the stand at his sentencing hearing Monday — and choked up several times as he apologized to service members who were wounded in the years-long hunt to save him.

“I would like everyone who searched for me to know it was never my intention for anyone to be hurt, and I never expected that to happen,” he said during the hearing at Fort Bragg in North Carolina. “My words alone can’t take away their pain.”

He was the first witness for the defense, who hadn’t previously made it known that Bergdahl would address the court. It was his most extensive remarks in court yet.

Asked by a defense attorney what the worst part of captivity was, he responded that it wasn’t the beatings. “The worst was the constant, just the constant deterioration of everything. The constant pain from my body falling apart. The constant screams from my mind,” he said. “It was the years of waiting to see whether or not the next time someone opens the door if that would be the person coming to execute you.”

He gave an unsworn statement, meaning that the judge will consider it but Bergdahl won’t be cross-examined by the prosecutors. (Read more from “Bowe Bergdahl Gives Emotional Statement at Sentencing Hearing, Apologizes to Wounded Service Members” HERE)

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Military Judge Makes Key Decision in Bowe Bergdahl Case

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Army Sgt. Bowe Bergdahl will have to wait until February to learn the outcome of his court-martial proceedings.

Emery Delesio of the Associated Press wrote, “A military judge decided Tuesday to delay Bergdahl’s trial from August until February to provide time for resolving disputes over the defense team’s access to classified documents.”

CNN reported earlier this month that Bergdahl’s defense team had been denied access to nearly 300,000 classified documents and had only received 1 percent of the documents requested. The defense claims it needs the documents in order to prepare a proper defense of their client.

Bergdahl walked away from his post in 2009 and spent five years as a prisoner of the Taliban. Several members of Bergdahl’s company were killed in an effort to locate the soldier.

Later, the Obama administration was accused of breaking the law when it traded five GITMO detainees for Bergdahl in a highly controversial prisoner swap.

The Obama administration celebrated Bergdahl’s homecoming and he appeared to be hailed as a hero. As Western Journalism reported, several fellow soldiers broke their silence and told their side of the story, which painted Bergdahl as less of a hero and more as a traitor. The Army agreed and decided to court-martial Bergdahl on charges of desertion and misbehavior before the enemy.

Bergdahl is on administrative duty while awaiting his court-martial proceedings, now set to take place next year. According to Sgt. Maj. Matt Howard, Bergdahl is doing “a lot of administrative work that needs to be done. Paperwork, moving stuff from place to place, things like that.” His safety is also being closely guarded as threats against his life are being taken seriously.

The judge in the case, Col. Jeffrey Nance, also granted the right of media organizations to hire a court stenographer to record the proceedings and told the prosecuting attorney they have one week to give reporters access to court documents.

The implications of Bergdahl’s court-martial being delayed means either Hillary Clinton, Bernie Sanders or Donald Trump will presumably be the commander-in-chief at the time of his court-martial proceedings. The date change also, as a result, allows President Obama to exit office without any further discussions of Bergdahl’s controversial prisoner exchange, treatment he received after his release, and subsequent military decision to pursue court-martial. (For more from the author of “Military Judge Makes Key Decision in Bowe Bergdahl Case” please click HERE)

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Soldier From Bergdahl’s Company Just Dropped Bombshell About Bowe’s REAL Motivation for Leaving

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While Sgt. Bowe Bergdahl has claimed that he left his post in 2009 to make an unauthorized trip to higher headquarters, one soldier who served with him says the accused deserter spoke of another reason at the time.

Bergdahl, 29, was arraigned at Fort Bragg, N.C., last month on charges of desertion and misbehavior before the enemy. The latter charge carries a potential life sentence, while the former can lead to the soldier’s imprisonment for up to five years.

Bergdahl left his post in Afghanistan in June 2009 and subsequently became a Taliban prisoner, until his release in May 2014 in exchange for the so-called “Taliban Five,” being held at the Guantanamo Bay.

During a panel discussion at the University of Alaska, Anchorage (UAA) on Thursday, former soldiers who served with Bergdahl, shared what they recalled about him and what they believe should happen to him now. The men were part of the 501st Infantry Regiment, based in Alaska, but deployed in Afghanistan in 2009.

Former Sgt. John Rice, a friend of Bergdahl, told the audience that the accused soldier spoke of wanting to spend time with the Taliban. “Bergdahl had said he wanted to essentially, not join the Taliban, but he wanted to be similar to a reporter that’s embedded in the Taliban and he wanted to write a book about it,” Rice said, according to local NBC affiliate KTUU. (Read more from “Soldier From Bergdahl’s Company Just Dropped Bombshell About Bowe’s REAL Motivation for Leaving” HERE)

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Here’s What Bowe Bergdahl Claims the Taliban Asked Him While He Was in Captivity… (Hint- It Has to Do with Obama’s Sexuality)

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Bowe Bergdahl compared his first year in Taliban captivity — starved, stinking and chained to a bed — to being tossed in a closet and forgotten . . .

Although watching over Bergdahl was a high honor, the guards were often bored and would pass the time by making videos of him, interrogating him with ridiculous questions or shaving his beard into shapes they found amusing, he said.

“They ask you, is Obama gay and sleeps with men?” he recalled. His young guards were also curious about where US military bases got their prostitutes, alcohol and drugs, and were obsessed with American soft drinks, he added . . .

Eventually, Bergdahl was moved to what he described as a wooden fortress and placed in a cell with an open window. By that time he had managed to squirrel away a few objects — an 8-inch piece of PVC pipe, a random key, an empty soda bottle, a nail and a wooden slat — from which he was able to hatch his next escape plan. (Read more from “Here’s What Bowe Bergdahl Claims the Taliban Asked Him While He Was in Captivity… (Hint- It Has to Do with Obama’s Sexuality)” HERE)

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Report Says Obama Did Violate the Law with Bergdahl Swap

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Remember that time when President Obama traded five dangerous terrorists for a guy who turned out to be a traitor? Well although WE know he screwed up…now there is a report that is agreeing with us, and goes further to say, Obama violated the law!

You know, the Bowe Bergdahl deal?

Well a new Congressional report has determined the president’s administration broke the law by releasing the Taliban prisoners, yet the White House is standing by their decision.

Yes, they are standing by their decision to violate the law. Wow. That speaks volumes about this administration’s lack of moral character, doesn’t it? . . .

“Our report finds that the Administration clearly broke the law in not notifying Congress of the transfer,” said Rep. Mac Thornberry (R-Texas), chairman of the House Armed Services Committee. “Pentagon officials best positioned to assess the national security risks were left out of the process, which increases the chances of dangerous consequences from the transfer. It is irresponsible to put these terrorists that much closer to the battlefield to settle a campaign promise and unconscionable to mislead Congress in the process.”

(Read more from “Report Says Obama Did Violate the Law with Bergdahl Swap” HERE)

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In New ‘Serial’ Podcast, Bowe Bergdahl Says He Likened Himself to Jason Bourne; Congress Says Obama Broke Laws in Swap

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By Dan Lamothe. After slipping away alone from his tiny base in Afghanistan under cover of darkness in 2009, Army Pfc. Bowe Bergdahl had a sinking thought: His plan to draw attention to himself by spawning a massive manhunt was going to lead to a “hurricane of wrath” from his commanders.

Bergdahl decided then to deviate from his plan to head straight from his platoon’s base, Observation Post Mest, to the larger headquarters 20 miles away, Forward Operating Base Sharana, he said on an episode of the podcast “Serial” published Thursday. It marked his first media interview since he was released in May 2014 after being held in captivity for five years by a group affiliated with the Taliban.

Bergdahl, comparing himself to a fictional action hero, said he decided to collect intelligence and look for the Taliban before turning himself in as a way of limiting the amount of trouble he faced.

“Doing what I did is me saying that I am like, I don’t know, Jason Bourne…. I had this fantastic idea that I was going to prove to the world that I was the real thing,” Bergdahl said. “You know, that I could be what it is that all those guys out there that go to the movies and watch those movies, they all want to be that, but I wanted to prove that I was that.”

The plan fell apart quickly, however. He got lost in some hills and was taken prisoner by enemy fighters on motorcycles who found him in open desert, he said. Military officials have said previously that he was captured June 30, 2009, just hours after disappearing. (Read more from “In New ‘Serial’ Podcast, Bowe Bergdahl Says He Likened Himself to Jason Bourne Before Capture” HERE)

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Congress: Obama Broke Multiple Laws in Freeing Bergdahl

By Mary Chastain. The House Armed Services Committee has concluded that President Barack Obama “misled the public” and broke several laws when he swapped five Taliban leaders for Army Sgt. Bowe Bergdahl.

“Our report finds that the Administration clearly broke the law in not notifying Congress of the transfer,” declared committee chairman Rep. Mac Thornberry. “Leading up to the transfer, DOD officials misled Congress as to the status of negotiations. Pentagon officials best positioned to assess the national security risks were left out of the process, which increases the chances of dangerous consequences from the transfer.”

The committee presented several findings in its report.

The transfer of the Taliban Five violated several laws, including the National Defense Authorization Act for Fiscal Year 2014. The constitutional arguments offered to justify the Department of Defense’s failure to provide the legally-required notification to the Committee 30 days in advance are incomplete and unconvincing. The violation of law also threatens constitutional separation of powers…

The Committee was misled about the extent and scope of efforts to arrange the Taliban Five transfer before it took place. The Department of Defense’s failure to communicate complete and accurate information severely harmed its relationship with the Committee, and threatens to upend a longstanding history and tradition of cooperation and comity.

(Read more from this story HERE)

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Obama Admin Had Tapes Proving Bergdahl Deserted and Joined Taliban but Ignored Them [+video]

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bowe-bergdahl-talibanRetired Colonel David Hunt broke the news tonight on The O’Reilly Factor that the the Obama administration had proof that Bowe Bergdahl deserted to the Taliban.

The Obama administration did not use the evidence in his trial.

Colonel David Hunt explained it tonight:

Col. David Hunt (retired): June 30, 2009, Bergdahl deserts his post in southeast Afghanistan. July 1st and 2nd, in a standard briefing to a commander of his unit, Fourth Brigade ot the 25th Infantry division, we have tapes of Taliban talking on Bergdahl’s phone saying that Bergdahl wanted to join them. And we have the Taliban on their own phones talking about Bergdahl trying to join them. This information was known July 2nd on and yet we still traded him for five terrorists, had a White House ceremony and now we’ve taken two years since he’s come back to do something which takes 90 days. The government has not yet and it doesn’t sound like it’s going to even use these tapes against Sgt Bergdahl . . .

Col. David Hunt: There are programs, we’ve been doing it since World War II, in which we listen to the enemy, and people who are speaking Pashtun and any language the Taliban in that section are using, were listening because they were told to and they were also listening to Bergdahl’s phone. What they heard was the Taliban on Bergdahl’s phone because he had joined them by then. So it’s a military program.

(Read more from “Obama Admin Had Tapes Proving Bergdahl Deserted and Joined Taliban but Ignored Them at Trial” HERE)

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The Army Has Charged Bowe Bergdahl With Something Even Worse Than Desertion

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WCJ-images-Bergdahl-Obama-913x512By Randy DeSoto. Sgt. Bowe Bergdahl, who has been accused by fellow soldiers of abandoning his post in Afghanistan, has been charged with desertion and “misbehavior before the enemy,” which carries a potential life sentence.

The Obama Administration traded the so-called “Taliban-Five” Guantanamo detainees for Bergdahl, age 29, securing his release in May 2014. The soldier left his post in Afghanistan in June 2009, having written to his parents beforehand saying he no longer supported the war effort and that he was “ashamed to be an American.” He was reportedly held captive by the Taliban for five years.

According to CNN by accounts of those engaged in the searches, at least six soldiers died in operations seeking to find Bergdahl after he went missing.

The president lauded Bergdahl’s release last year with a Rose Garden ceremony. Obama said to the soldier’s parents, who were in attendance: “[T]oday families across America share in the joy that I know you feel…As President, I know that I speak for all Americans when I say we cannot wait for the moment when you are reunited and your son, Bowe, is back in your arms.”

Among the five Taliban detainees traded to obtain Sgt. Bergdahl’s release were: Abdul Haq Wasiq, who served as deputy minister of intelligence for the Taliban; Mullah Mohammad Fazi, deputy defense minister for the Taliban; Mullah Norullah Noori, a senior military commander; Mullah Khairullah Khairkhwa, a former provincial governor who reportedly met with Iran to plot attacks against American forces; and Mohammad Nabi Omari, who has held multiple leadership roles in various terrorist groups.

The “misbehavior before the enemy” charge has seldom been used since World War II. “I’ve never seen it charged,” said Walter Huffman, a retired major general who served as the Army’s top lawyer, according to the Military Times. “It’s not something you find in common everyday practice in the military.” (Read more from “The Army Has Charged Bowe Bergdahl With Something Even Worse Than Desertion” HERE)

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Military Selects Rarely Used Charge for Bergdahl Case

By Jonathan Drew. 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.

“I’ve never seen it charged,” Walter Huffman, a retired major general who served as the Army’s top lawyer, said of the misbehavior charge. “It’s not something you find in common everyday practice in the military.”

Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he “left without authority; and wrongfully caused search and recovery operations.”

Huffman and others say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm’s way. The Pentagon has said there is no evidence anyone died searching for Bergdahl. (Read more from this story HERE)

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