Bowe Bergdahl was praying to God that Hillary Clinton would be elected so he could walk away from all charges against him. Certainly, Obama tried like hell to accommodate him but he ran out of time. Now, a federal judge has made a ruling that shocked and devastated Bergdahl. The judge ruled that the rarely used charge of alleging he endangered comrades by walking off his post in Afghanistan in 2009. That charge can carry a sentence of life in prison as opposed to the five years he would get for desertion.
The military judge overseeing Army Sgt. Bowe Bergdahl’s case says prosecutors can try the soldier on a rare charge alleging he endangered comrades by walking off his post in Afghanistan in 2009.
The judge, Col. Jeffery Nance, rejected a defense motion on Thursday to dismiss the charge of misbehavior before the enemy, which carries up to a life sentence.
Bergdahl also faces a desertion charge, punishable by up to 5 years, at trial in October.
Defense lawyers said prosecutors used faulty logic to charge Bergdahl with a crime more serious than his underlying actions.
The judge acknowledged that case law is “scarce” because the misbehavior charge is so rarely used, but he said a soldier who leaves his post alone and without authorization should be aware he could face punishment.
The following evidence will not be allowed in the innocence or guilty part of the trial but can and will be used in the sentencing phase.
The former Navy SEAL, retired Senior Chief Petty Officer James Hatch, suffered a career-ending leg wound when he was sprayed with AK-47 fire while chasing enemy fighters on a July 2009 search mission. He testified he nearly bled to death and has endured 18 surgeries since then.
On a separate search mission that month, U.S. Army National Guard Sgt. First Class Mark Allen was shot in the head, suffering a traumatic brain injury that left him in a wheel chair and unable to communicate.