Bo Bergdahl Charges Update

[SDBoiler1]

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."

http://news.yahoo.com/military-selects-rarely-used-charge-bergdahl-case-144326544.html

 

[Purdue97]

I put this out here awhile ago. A lot of what is now starting to be released was known in Afghanistan at the time. Charge is definitely deserved. He also deserves his day in courts martial to be heard. I think convictions on both accounts is likely.

 

[BoilerMadness]

Since Obama had Bergdahl's parents in the Rose Garden and he traded five top terrorists to get him back, and Susan Rice talked about his Honorable service, does anyone think Obama would pardon him, if he's found guilty?

 

[qazplm]

I put this out here awhile ago. A lot of what is now starting to be released was known in Afghanistan at the time. Charge is definitely deserved. He also deserves his day in courts martial to be heard. I think convictions on both accounts is likely.

Conviction on both counts isn't likely because they are likely to be considered an unreasonable multiplication of charges. As MG Huffman notes, there's a reason why that charge almost never is used, it's hard to prove. Desertion itself is harder than one might think to prove because it requires an intent element, and intent can be tricky to prove. Misbehavior is even harder. Desertion carries five years, and I would be surprised if he got more than that given the conditions he was in. So the fact that the other charge carries a life sentence isn't likely to mean much unless Bergdahl just gets a panel unlike what I would expect at Fort Sam Houston...or they go judge alone with the wrong judge I suppose.

You can never predict things perfectly, wacky stuff happens, but I'd be surprised if he was convicted of both, or if the MJ didn't merge them for sentencing if he was. If I were defense, I'd probably go judge alone...but I don't know who the MJ is who is hearing the case.

 

[kescwi]

Conviction on both counts isn't likely because they are likely to be considered an unreasonable multiplication of charges. As MG Huffman notes, there's a reason why that charge almost never is used, it's hard to prove. Desertion itself is harder than one might think to prove because it requires an intent element, and intent can be tricky to prove. Misbehavior is even harder. Desertion carries five years, and I would be surprised if he got more than that given the conditions he was in. So the fact that the other charge carries a life sentence isn't likely to mean much unless Bergdahl just gets a panel unlike what I would expect at Fort Sam Houston...or they go judge alone with the wrong judge I suppose.

You can never predict things perfectly, wacky stuff happens, but I'd be surprised if he was convicted of both, or if the MJ didn't merge them for sentencing if he was. If I were defense, I'd probably go judge alone...but I don't know who the MJ is who is hearing the case.

How is the, I'm not sure what it's called board, panel, jurors selected for something like this? Is it random?

 

[qazplm]

How is the, I'm not sure what it's called board, panel, jurors selected for something like this? Is it random?

Not really random. It's called a panel. The commanding general is presented with a list of enlisted and officers preselected by his subordinate commanders based on criteria established under Art 25 of the UCMJ (experience, maturity, intelligence, etc). But he also has the entire roster of Soldiers on the installation, so he could pick anyone.

A primary panel is selected or sometimes two primary panels are selected and they are alternated. Alternates are also selected.

The primary panel is notified, and then they can submit excusal requests and is replaced by alternates. Generally you try to sit 10 or so folks for voir dire. For a general court-martial, you need a minimum of five, and if the accused selected an enlisted panel, at least one third of the panel has to be enlisted. Only enlisted can have an enlisted panel, officers get all officers. Or the accused can choose a judge alone trial...which is probably what I would do here if I were defense but I don't know the makeup of this panel or the military judge.

If they fall below either quorum after challenges at voir dire, additional members from the alternate list are added.