House of Representatives swiftly passed a resolution condemning the Obama administration’s failure to notify Congress before striking the deal and expressing national security concerns over the Taliban prisoners’ release.ĭuring the trial, Bergdahl’s attorneys repeatedly argued that Trump’s inflammatory comments constitute an “undue command influence” that has made a fair trial impossible.
does not ever leave its men and women in uniform behind, the U.S. While Obama celebrated his return, saying the U.S. “Beyond that, if you feel something fundamentally unfair has happened - and I am talking about President Trump here - that the judicial process has been distorted for improper, thoughtless reasons that are basically inimical to our way of life, rule of law in country, then you appeal,” he added.īergdahl’s fate has been the subject of fierce disagreement, in and outside the military, ever since he was brought home by President Obama in May 2014 in a widely criticized swap for five Taliban commanders held at a U.S. Fidell said such a discharge carries a “lifetime stigma” that will deprive Bergdahl of substantial benefits. Bragg who convened the court martial, could potentially reduce Bergdahl’s punishment, he cannot increase it.Ī dishonorable discharge, the most serious punitive discharge a judge can impose, strips a service member of all military and veteran healthcare and education benefits. Robert Abrams, the commanding general of Army Forces Command at Ft. Now he’s going to be free, while my sergeant, who ended up shot in the head, is never going to have a life again.” It didn’t look like he’s totally suffering. … But he sat in the courtroom all this time, and he spoke in a clear, considered voice - just stone-cold. “I understand he was in captivity for five years. Mark Allen, who was injured in the same mission, no longer can walk or speak. As a result of Bergdahl’s reckless decision to desert his post, Morita said, he could not bend his right thumb or index finger.
Though Morita believed the judge was right to demote Bergdahl and hand down a dishonorable discharge, he said he had expected a sentence of at least 10 years in prison. Jonathan Morita, 33, of Valencia, Calif., a former Army corporal who testified for the prosecution about his injuries after a rocket-propelled grenade shattered his right hand during a search mission for Bergdahl, said in a telephone interview that he only “halfway” accepted the judge’s decision. A forensic psychiatrist testified during the trial that Bergdahl suffered from post-traumatic stress disorder, as well as schizotypal personality disorder, which includes severe anxiety, unconventional behavior and grandiose thinking.Īfter the judge imposed his sentence, many within the military - including those who were wounded while attempting to rescue Bergdahl - expressed surprise and shock that Bergdahl would spend no time in jail. Jail time, the defense argued, threatened to exacerbate Bergdahl’s already severe mental health problems. In court, Bergdahl recounted how he was caged, tortured and beaten, and he apologized to those whose lives he endangered. In turn, the defense team appealed for leniency, stressing the physical and emotional toll of five grueling years of captivity by the Taliban and its allies. The decision on Sergeant Bergdahl is a complete and total disgrace to our Country and to our Military.- Donald J. Fidell of Yale Law School, said Bergdahl was “still absorbing” the ruling, yet it was a “tremendous relief” to get no prison time. Outside the courthouse, Bergdahl’s lead attorney, Eugene R. Less than an hour and a half after the sentencing, President Trump offered his thoughts on Twitter: “The decision on Sergeant Bergdahl is a complete and total disgrace to our Country and to our Military.” Two defense attorneys on each side of him wrapped an arm around his back. The 31-year-old from Hailey, Idaho, clenched his jaw and began to shake as the judge read the sentence, which included a demotion from sergeant to private and a forfeiture of pay of $1,000 a month for 10 months. Though prosecutors had urged the judge to sentence Bergdahl to 14 years in jail, defense lawyers had argued for no prison time - just a dishonorable or bad-conduct discharge - because of the torture he suffered as a prisoner of war. Jeffery Nance, had wide leeway to impose anything from no sentence to life imprisonment. The military judge presiding over the trial, Col. Bowe Bergdahl, the controversial soldier who abandoned his combat outpost in Afghanistan eight years ago and was swiftly captured by the Taliban, was punished Friday with a demotion and a dishonorable discharge.
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