Bergdahl's Controversial Choices: Breaking Military Law

Bowe Bergdahl was a US soldier who was held captive by the Taliban-aligned Haqqani network from 2009 to 2014. Bergdahl was released in 2014 as part of a prisoner exchange for five high-ranking Taliban members. This exchange has been the subject of much controversy, with some arguing that it was illegal. Bergdahl himself has also faced legal scrutiny, being tried by a general court-martial on charges of desertion and misbehaviour before the enemy, to which he pleaded guilty.

Bowe Bergdahl's release was negotiated by the Obama administration

The Obama administration agreed to a prisoner exchange with the Taliban, facilitated by the American, Qatari, and Afghan governments. Bergdahl was swapped for five high-ranking Taliban members, including the Taliban army chief of staff, a Taliban deputy minister of intelligence, a former Taliban interior minister, and two other senior Taliban figures. These men were being held at Guantanamo Bay detention camp and were transferred to Qatari custody for at least one year.

The negotiations were first made public in May 2012, but the Associated Press had learned about them in 2010 and kept them under wraps to avoid public backlash. In May 2012, Bergdahl's parents announced that the Obama administration was negotiating with the Taliban for his release.

On May 31, 2014, President Obama appeared with Bergdahl's parents, Bob and Jani, in the White House Rose Garden to announce their son's return. Obama said:

> "Sergeant Bergdahl has missed birthdays and holidays and the simple moments with family and friends, which all of us take for granted. But while Bowe was gone he was never forgotten. His parents thought about him and prayed for him every single day, as did his sister, Sky, who prayed for his safe return. He wasn’t forgotten by his community in Idaho, or the military, which rallied to support the Bergdahls through thick and thin. And he wasn’t forgotten by his country, because the United States of America does not ever leave our men and women in uniform behind."

However, the Obama administration faced criticism and accusations that it broke the law by not giving Congress 30 days' notice before the release or transfer of Guantanamo prisoners, as required by the 2014 National Defense Authorization Act. The White House defended its decision, citing Bergdahl's deteriorating health and its "unwavering commitment and patriotic duty to leave no man or woman in uniform behind on the battlefield."

The Taliban held Bergdahl captive for five years

The Taliban held Bowe Bergdahl captive for five years, from 2009 to 2014. Bergdahl was a 23-year-old soldier from Hailey, Idaho, serving with an Alaska-based infantry regiment in Paktika province near the Pakistani border. He went missing on June 30, 2009, five months after being deployed to Afghanistan.

Bergdahl was captured by the Taliban-aligned Haqqani network, an insurgent group affiliated with the Taliban, probably somewhere in Pakistan. The circumstances of his capture are still unclear, with speculation that he may have walked away from his base out of disillusionment with the US campaign.

During his five years in captivity, Bergdahl was subjected to harsh treatment, including torture and sensory deprivation. He was kept in constant isolation, with little to no understanding of time, and was exposed to periods of constant darkness and flickering light. He was also shown Taliban videos and told that he would be executed or held captive for 30 years. Bergdahl attempted to escape at least 12 times during his captivity, managing to break free twice for brief periods before being recaptured.

Bergdahl's captivity sparked intense media and political scrutiny, with some soldiers and commentators branding him a deserter and calling for his punishment. His release in 2014 as part of a prisoner exchange for five high-ranking Taliban members further fuelled controversy, with some arguing that the swap was illegal and endangered US national security.

Bergdahl was charged with desertion and misbehaviour before the enemy

Bowe Bergdahl, a former soldier in the United States Army, was charged with desertion and misbehaviour before the enemy after leaving his post in Afghanistan in 2009 and being held captive by the Taliban for five years. Bergdahl's disappearance and capture sparked intense media scrutiny, with some soldiers who had served with him calling him a deserter.

Bergdahl's case was highly controversial, with some arguing that he endangered his fellow soldiers and put them at risk during the search for him. Others, including his defence lawyer, claimed that he was actually AWOL when he was captured, rather than a deserter. Bergdahl himself stated that he left his position to report on "misconduct in his unit" and intended to return quickly.

The circumstances surrounding Bergdahl's capture remain disputed. Some sources claim that he walked off base after his shift, while others allege that he was captured during a patrol or while drunk off base. Bergdahl himself stated in a video released by the Taliban that he fell behind on a patrol, but the U.S. military denied this claim.

Bergdahl's trial and conviction were also marked by allegations of bias and influence from then-President Donald Trump, who had previously called Bergdahl a ""dirty rotten traitor" during his presidential campaign. In 2023, a U.S. district judge vacated Bergdahl's court-martial conviction, citing the appearance of potential bias by the military judge who had applied for a position in the Trump administration during the case.

As a result of the charges, Bergdahl faced a range of consequences, including a dishonourable discharge, reduction in rank, and a fine. However, he did not receive any prison time as part of his sentence.

Bergdahl was dishonourably discharged and demoted in rank

Bowe Bergdahl was dishonourably discharged and demoted in rank for abandoning his post in Afghanistan, an act that endangered the military comrades who participated in the lengthy and dangerous search for him.

Bergdahl was a member of the 1st Battalion, 501st Infantry Regiment, 4th Brigade Combat Team, 25th Infantry Division, based at Fort Richardson, Alaska. On the night of June 30, 2009, he walked away from his battalion at Observation Post Mest near the town of Yahya Kheyl in Paktika Province. He was captured by the Taliban and held captive for five years.

Bergdahl was tried by general court-martial on charges of desertion and misbehaviour before the enemy. He pleaded guilty to these charges and was sentenced to be dishonourably discharged, reduced in rank to private, and fined $1,000 per month from his pay for ten months, with no prison time. The fine and reduction in rank took effect immediately, while the discharge was stayed pending appeals.

The circumstances surrounding Bergdahl's disappearance and capture, as well as the terms of his release, have been the subject of intense media scrutiny and political debate. Some Republican members of Congress have argued that the prisoner exchange that led to Bergdahl's release may have been illegal, as it did not comply with the National Defense Authorization Act for Fiscal Year 2014, which mandates that all prisoner transfers from Guantanamo Bay require 30 days' notice to Congress.

Bergdahl's case has been highly controversial, with some soldiers who served with him calling him a deserter and questioning the decision to spare him prison time. However, an independent Army psychiatry board that reviewed his case found that he had a "severe mental disease or defect" when he left his outpost. Bergdahl's lawyers also argued that comments made by then-President Donald Trump and Senator John McCain amounted to unlawful command influence, but this assertion was rejected by U.S. District Judge Reggie Walton, who nonetheless vacated Bergdahl's conviction in July 2023 due to the appearance of potential bias by the military judge who oversaw the case.

Bergdahl's conviction was voided in 2023

In 2014, Bowe Bergdahl, a former US Army soldier, was charged with desertion and misbehaviour before the enemy. He had been held captive by the Taliban-aligned Haqqani network in Afghanistan and Pakistan from 2009 to 2014. Bergdahl was released in a prisoner exchange for five high-ranking Taliban members.

In 2017, Bergdahl pleaded guilty to the charges and was sentenced to a dishonourable discharge, reduction in rank, and a fine of $1,000 per month from his pay for ten months, with no prison time. The discharge was stayed pending appeals to the Army Court of Criminal Appeals and later to the Court of Appeals for the Armed Forces, which affirmed the sentence in 2020.

Bergdahl then filed in the United States District Court for the District of Columbia to have a US federal judge review his sentence. On July 25, 2023, the judge, Reggie Walton, vacated the 2017 court-martial conviction. Walton ruled that the military judge, Jeffrey Nance, had failed to disclose his application for a position at the Justice Department, which "could create the appearance of potential bias".

Nance had told Bergdahl's lawyers that he planned to retire, but it was later revealed that he had applied for a position as an immigration judge at the Justice Department. Nance was appointed to this position less than a year after Bergdahl's conviction, and he used his order from the Bergdahl case as a writing sample in his application.

Bergdahl's conviction and sentence have now been voided, and he has been granted "a clean slate". However, the Justice Department has appealed Judge Walton's decision, and the case is currently at the United States Court of Appeals for the District of Columbia.

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