Bowe Bergdahl: Missing in AFG 2009, Released 2014, Tried 2015

[cupper]

http://www.youtube.com/watch?v=a0WrMYRMAxI    Obama in 2008 on the election trail.

It is not only the exchange of five "four star Taliban generals", but President Obama broke the law, which requires the administration to notify Congress before any transfers from Guantanamo are carried out.
It is now US policy to negotiate with terrorists.

And Iran-Contra was …..?

 

[Baloo]

Politics and the real world cannot be reduced to neat campaign slogans or absolutes.

People espousing the "US does not negotiate with terrorists" are likely being wilfully blind or disingenous. It has happened in the past and will happen again, when convenient or required.

I am also confused as to why people believe that this will 'step up' attempts to abduct US service personnel abroad. Really? You think that for the last ten years the Taliban, Haqqani Network, etc., have not been actively seeking to either kill or capture soldiers? Westerners, with Americans in particular, will maintain the same level of risk that they have in dangerous places of the world, existing well before the Bowe Bergdahl fiasco.

Question in regards to the alleged breaking of the law; does the President, as Commander-in-Chief, have an exchange of prisoners within his power, beyond notifying Congress? I am genuinely curious.

 

[tomahawk6]

Congress is supposed to be notified before any prisoner is released from Gitmo.As I said before the prisoner release was cover for the payment of ransom.

 

[The Bread Guy]

Official probe under way ....

The Army has initiated its investigation of the “facts and circumstances surrounding the disappearance and capture” of Sgt. Bowe Bergdahl, the service announced Monday.

Maj. Gen. Kenneth Dahl will conduct the investigation, the Army said in a statement. Dahl, the deputy commanding general of I Corps, has served three deployments in Afghanistan and one in Iraq.

The 15-6 investigation will look at Bergdahl’s disappearance and capture from Combat Outpost Mest-Lalak in Paktika province, Afghanistan ....

This from the U.S. Army Info-machine:

The Army has initiated its investigation into the facts and circumstances surrounding the disappearance and capture of Sgt. Bowe R. Bergdahl from Combat Outpost Mest-Lalak in Paktika Province, Afghanistan on or about June 30, 2009. The Army has appointed as the investigating officer Maj. Gen. Kenneth R. Dahl, an Army officer with Afghanistan combat experience.

The primary function of this investigation, as in any other investigation, is to ascertain facts and report them to the appointing authority. These types of investigations are not uncommon and serve to establish the facts on the ground following an incident. The investigating officer will have access to previously gathered documentary evidence, including the 2009 investigation.

The Army's top priority remains Sgt. Bergdahl's health and reintegration. We ask that everyone respect the time and privacy necessary to accomplish the objectives of the last phase of reintegration. The investigating officer will not interview Sgt. Bergdahl until the reintegration team clears such interaction, so no timeline for completion of the investigation has been set.

 

[The Bread Guy]

What defence counsel hopes for ....

Sgt. Bowe Bergdahl plans to leave the Army and attend college if he is cleared of potential desertion charges following the Army's investigation into his capture in Afghanistan, Bergdahl's lawyer said Tuesday.

Bergdahl would be eligible for college funding under the GI Bill if he received an honorable discharge, but his lawyer declined comment on the issue of GI Bill eligibility.

"He's ready to move on" as a civilian, said Eugene Fidell, Bergdahl's attorney. "We're hoping for the best. College education is in the cards for him."

Fidell played down the significance of a delay announced Tuesday by the Army in completion of the initial Article 15-6 investigation on the circumstances of Bergdahl leaving his post before he was captured by the Taliban.

The investigating officer, Army Maj. Gen. Kenneth R. Dahl, had been expected to complete his work in mid-August but the Army said that his report will now likely be filed in September ....

 

[The Bread Guy]

Bumped with the latest ....

The Army has finished its investigation into how and why Army Sgt. Bowe Bergdahl disappeared from his base in Afghanistan and leaders were briefing Defence Secretary Chuck Hagel this afternoon, officials said Friday.

Details about the probe's conclusion have been closely held. The report could include recommendations on whether Bergdahl should be charged with any criminal violations or forced to leave the Army. Potential charges could be desertion or leaving his post and being "absent without leave," or AWOL. The final disposition will also determine whether Bergdahl gets as much as $300,000 in back pay and other benefits.

Officials said Army Secretary John McHugh could send the case to a military commander who would decide whether it should go before a court martial and what, if any, charges would be filed against Bergdahl.

( .... )

Maj. Gen. Kenneth R. Dahl was tasked to conduct an exhaustive investigation into the matter, and spent months interviewing unit members and commanders, and meeting with Bergdahl and his attorney, Eugene Fidell, a military justice expert who is also a visiting lecturer at Yale Law School. He submitted his report in mid-October, setting off a lengthy legal review on his report and how the Army can legally proceed in the case ....

 

[cupper]

Bumped again.

Army Sgt. Bowe Bergdahl Is Charged With Desertion

http://www.npr.org/blogs/thetwo-way/2015/03/25/381867645/army-sgt-bowe-bergdahl-will-be-charged-with-desertion

Army Sgt. Bowe Bergdahl has been charged with desertion and misbehavior before the enemy.

Bergdahl was captured by the Taliban in 2009, after he walked off his military outpost in southeastern Afghanistan. In a controversial move and five years after his capture, the Obama administration cut a deal with the Taliban, securing Bergdahl's release in exchange for the release of five Taliban detainees who were being held at the Guantanamo Bay prison in Cuba.

In December, the Pentagon referred Bergdahl's case to an Army general, who would determine whether he should be charged.

There will be an Article 32 hearing on April 22 at Fort Sam Houston to "decide if there's probable cause" to begin court-martial proceedings. The closest analog to that hearing in the civilian system is a grand jury investigation.

The desertion charge carries a maximum penalty of five years in confinement, and misbehavior before the enemy carries a maximum charge of life in confinement.

Bergdahl's lawyer, Eugene Fidell, told NPR that he did not know whether the military would take Berghdahl's time in captivity into account before handing down any decision about his client.

"I assume that anyone in a position of responsibility would understand that is an important mitigating factor," Fidell said.

The deal for Bergdahl's return was controversial politically, because the circumstances surrounding his disappearance have always been murky.

As we've reported: Some accounts had him captured during an attack on his post; others put him walking off his outpost during a counterinsurgency mission. An account in Rolling Stone implied that Bergdahl was "ashamed to even be American" and was defecting when he was captured.

Because of that, lawmakers criticized the Obama administration for cutting a deal with the Taliban. The Government Accountability Office later found that the Pentagon broke the law during the course of the trade.

As we reported, first, the GAO found that the "Pentagon violated the Department of Defense Appropriations Act when it didn't give 30 days' notice to Congress about its plan to move the five Taliban prisoners from Guantanamo Bay." And second, the $1 million used for the transfer "was paid for out of an account of already-appropriated funds — a violation of the Antideficiency Act."

Update at 3:38 p.m. ET. Next Steps:

In a press conference Wednesday, Col. Daniel King announced the two charges being brought against Bergdahl, under the Uniform Code of Military Justice.

The first is Article 85 Desertion and the second is Article 99 Misbehavior before the enemy.

The description for the Article 99 charge is broad and can include running away in the presence of the enemy and being "guilty of cowardly conduct."

King said the next step is an Article 32 hearing, a kind of investigation that determines whether there is enough evidence to warrant a court-martial.

 

[tomahawk6]

Too bad we traded 5 terrorists for Bergdahl.Not a very good bargain.

 

[Old Sweat]

Too bad we traded 5 terrorists for Bergdahl.Not a very good bargain.

You didn't do too bad. They could have thrown in Yemen.

 

[cupper]

You didn't do too bad. They could have thrown in Yemen.

I see what you did there. :nod:

 

[tomahawk6]

Saudi Arabia has launched its own jihad to rescue Yemen from the unbelie :nod:vers.

 

[Rifleman62]

Last Sept, Yemen was, according to the Obama Administration, a "success" story of his foreign policy. The Saudi's action was without apparently informing the US. Obama is now in a bit of a pickle as the Yemen's new rulers are Iran backed (Obama's new ally in the ME) and Obama needs to sign a nuc deal with Iran for his legacy. According to news reports, Obama's Iran Deal Probably Won't Be In Writing: http://townhall.com/tipsheet/conncarroll/2015/03/25/draft-n1976081

This is going on while the Iran’s supreme leader screams ‘Death to America’ amid ongoing nuclear talks
http://nypost.com/2015/03/23/irans-supreme-leader-screams-death-to-america-amid-ongoing-nuclear-talks/ 

Bergdahl was released to reduce the numbers in Getmo so Obama can close it. The Taliban specifically asked for the five in the exchange. A pious political move by someone who seems to act for himself and his political motives, and the hell with the safety of the US and the rest of the world.

What a mess, and if Canada elects Trudeau, Obama North-Light, Canada can expect the same.

 

[Jed]

Last Sept, Yemen was, according to the Obama Administration, a "success" story of his foreign policy. The Saudi's action was without apparently informing the US. Obama is now in a bit of a pickle as the Yemen's new rulers are Iran backed (Obama's new ally in the ME) and Obama needs to sign a nuc deal with Iran for his legacy. According to news reports, Obama's Iran Deal Probably Won't Be In Writing: http://townhall.com/tipsheet/conncarroll/2015/03/25/draft-n1976081

This is going on while the Iran’s supreme leader screams ‘Death to America’ amid ongoing nuclear talks
http://nypost.com/2015/03/23/irans-supreme-leader-screams-death-to-america-amid-ongoing-nuclear-talks/ 

Bergdahl was released to reduce the numbers in Getmo so Obama can close it. The Taliban specifically asked for the five in the exchange. A pious political move by someone who seems to act for himself and his political motives, and the hell with the safety of the US and the rest of the world.

What a mess, and if Canada elects Trudeau, Obama North-Light, Canada can expect the same.

A truly disconcerting election result. I hope we don't go down this dead end road.

 

[Rifleman62]

http://www.foxnews.com/politics/2015/04/17/bergdahl-teammates-head-joint-chiefs-knew-walked-off/

Video story at link

Bergdahl's platoon mates: Head of Joint Chiefs knew he walked off base in 2009

By Catherine HerridgePublished April 17, 2015FoxNews.com

Why didn't administration admit Bergdahl information?

Army Sgt. Bowe Bergdahl walked away from his base in Afghanistan June 30, 2009, and by December of that same year, the president's principal military adviser, then-Chairman of the Joint Chiefs Admiral Mike Mullen, knew those details, according to three of Bergdahl's platoon mates who spoke to Fox News.

"I asked him (Mullen) if he knew about Bergdahl and that he deserted and he (Mullen) told me that he knew of the circumstances surrounding his walking off," former Sgt. Matt Vierkant told Fox,"(and) that they were developing leads and following leads, trying to do everything they could to get him back."

After pulling security duty for the chairman, who was doing a swing through Afghanistan in December 2009, Vierkant, along with Evan Buetow and Cody Full, said they met informally with Mullen and about eight other soldiers. After a pep talk about the mission, the three said Mullen asked the squad leaders and platoon leadership to take a break.

"He sat down with all the lower enlisted guys and the team leaders and basically he said, 'Hey, what do you want to know...You got any questions? He's like, I'm an open book. Let's just have a little question and answer session," Buetow explained.

"So Matt asked him, you know Bergdahl deserted, what's going on with that? And Admiral Mullen said, 'Yes, we know all the circumstances surrounding Bergdahl walking away from the OP (outpost,)and we're still working on getting him back, figuring out where he is and kind of figuring out that whole situation.’"

This account was backed up by a third platoon mate, former Specialist Cody Full. The men were split on whether Mullen singled them out because of the Bergdahl connection or whether it was a chance meeting, but they emphasized that at the time, they appreciated the fact that Mullen seemed to speak candidly and openly.

“I don't remember him being taken aback by it at all, you know, he knew what was going on, he answered not confidently but he didn't have to think about it, he didn't want to give us some political answer,” Buetow explained. “He just gave us an answer.

Asked if there was any ambiguity based on the conversation, Vierkant said no. "Without a doubt, he (Mullen) knew he (Bergdahl) deserted or, you know, was suspected of desertion. There was no doubt in my mind that he fully understood what Bergdahl did."

The three said they felt relieved, and grateful to Mullen for the conversation.

The men's account is significant because Mullen reported directly to President Obama and then Secretary of Defense Robert Gates, and the reported admission comes a full four and a half years before National Security Adviser Susan Rice said Bergdahl served honorably and his parents were called to the White House for a Rose Garden ceremony after he had been swapped for five Taliban commanders.

"If Mullen knew, and now it's alleged that he did know, it would be, it would be unthinkable that he didn't pump this up the chain of command, his chain of command, or, tell the president directly," Brad Blakeman who served in the Bush White House, explained. "At a minimum, this would have been included in the president's daily brief, and at a maximum, it would've been told directly to the President by Mullen."

In a statement to Fox News, Mullen said, "From the moment Sgt. Bergdahl went missing, the U.S. Military was focused on finding him--as it does with any serviceman or woman who goes missing. The exact circumstances were not known then, nor did they drive our decisions. We do not leave our people behind."

Fox has extended an open invitation to the Admiral to explain his recollection of events during the 2009 trip, what he knew in December 2009 about the circumstances surrounding Bergdahl’s capture, and whether he told anything to the president and defense secretary, or if the circumstances were already well understood at senior levels of the White House.

A military official who was travelling with Mullen during the 2009 Afghanistan trip confirmed Bergdahl's teammates did pull security during a leg of the trip,

While not commenting on the claims that they met informally with Mullen, the official said it was common practice for Mullen to ask leadership to take a break so that he could speak directly and candidly with soldiers.

"I want to ask him (Mullen) did they brief the White House? Who knew about it and why would you still do this trade knowing all the information that you knew?" Vierkant said. "We don't leave anyone behind. The thing is, we never left him (Bergdahl) behind. He left us behind. He chose to walk off and do whatever and get captured, that was his fault. Those were his choices."

Bergdahl has not been convicted of any charges, but faces a military court martial in the summer.


Catherine Herridge is an award-winning Chief Intelligence correspondent for FOX News Channel (FNC) based in Washington, D.C. She covers intelligence, the Justice Department and the Department of Homeland Security. Herridge joined FNC in 1996 as a London-based correspondent.

 

[tomahawk6]

I suspect that the Army wants this case to go away.Bergdahl might be offered a plea deal that he cant refuse.Otherwise he will be convicted of desertion.Its open and shut IMO.

 

[The Bread Guy]

The latest ....

The Army has pushed back the date for a preliminary hearing for Sgt. Bowe Bergdahl, the soldier released in a prisoner exchange with the Taliban last year after spending five years in captivity in Afghanistan.

The so-called Article 32 hearing for Bergdahl, who has been charged with desertion and misbehavior before the enemy, had been scheduled for July 8, but now will take place in September 17 at Fort Sam Houston in San Antonio, Texas.

The Associated Press says that the hearing will be "similar to a civilian grand jury. From there, it could be referred to a court-martial for trial." ....

 

[OldSolduer]

I suspect that the Army wants this case to go away.Bergdahl might be offered a plea deal that he cant refuse.Otherwise he will be convicted of desertion.Its open and shut IMO.

As an interested observer, not an expert in U.S. constitutional law .....from what I have seen under the Obama administration is a lot of Presidential power being used and abused. Would it be safe to say the President could pardon Bergdahl?

 

[tomahawk6]

Yes he could pardon him after a conviction.The UCMJ/Uniform Code of Military Justice will be applied if the case goes to trial.As in most US courts the majority of cases are disposed of by way of plea bargain.Or the powers that be could decide to just drop the matter entirely for political reasons.

http://www.ucmj.us/about-ucmj.shtml

 

[The Bread Guy]

Let the process begin ....

The Article 32 preliminary hearing for Army Sgt. Robert Bowdrie (“Bowe”) Bergdahl came to order at 9 a.m. (CDT) and formally adjourned at 3:35 p.m. (CDT) today, Sept. 18, after two days of witness testimony and closing arguments at Joint Base San Antonio-Fort Sam Houston, Texas.

Bergdahl was charged March 25, 2015, under the Uniform Code of Military Justice with one count of Article 85, “Desertion with Intent to Shirk Important or Hazardous Duty,” and one count of Article 99, “Misbehavior before the Enemy by Endangering the Safety of a Command, Unit or Place.” Bergdahl disappeared June 30, 2009, from Combat Outpost Mest-Lalak in Paktika Province, Afghanistan, and was subsequently captured.

Four witnesses testified today.

Today’s witnesses were:

Gregory R. Leatherman, a former Army sergeant, 1st Battalion (Airborne), 501st Infantry Regiment, Blackfoot Company in 2009.

Curtis J. Aberle, physician assistant, Joint Base San Antonio, Texas.

Maj. Gen. Kenneth R. Dahl, deputy commanding general, 1st U.S. Army Corps, Joint Base Lewis-McChord, Wash.

Mr. Terrence D. Russell, program manager, Joint Personnel Recovery Agency, Fairchild Air Force Base, Wash.

As the Article 32 preliminary hearing has formally adjourned, the preliminary hearing officer will now determine if there is probable cause to warrant trial by court-martial, and report his findings and recommendations to the appointing authority.

 

[tomahawk6]

Bergdahl is going to have a hard time convincing the jury that he didnt give aid and comfort to the enemy.He has to be the only American POW that wasnt killed by the Taliban.He is either very lucky or he made himself too valuable.