After having admitted to deserting his duty in a war zone, an act of misbehavior before the enemy that put his fellow soldiers in danger, disgraced soldier Bowe Bergdahl attempts to have his case thrown out.
(Ft. Bragg, NC) After having entered a plea of guilty to all charges he is facing at his upcoming court-martial, deserter Bowe Bergdahl has made a last-ditch effort to have his case dismissed the following day. Defense attorneys had already confirmed after the guilty plea that Bergdahl did not have a plea deal with the prosecution team.
This move, known as entering a “naked plea,” places the guilty at the mercy of the judge when it comes to sentencing. The desertion charge carries a maximum jail sentence of five years. However, the misbehavior charge carries a potential life sentence; this means that when Bergdahl entered his plea, he fully understood the potential that he could die of old age in a military prison.
In addition to incarceration, Bergdahl faces a reduction to the lowest enlisted rank, forfeiture of all pay and allowances, and a dishonorable discharge.
A naked plea is generally considered a risky move, where the defense hopes that by their client taking responsibility, the judge will be lenient in their sentence. This approach during Bradley Manning’s court-martial backfired when the convictions for espionage and other charges resulted in a prison sentence of 35 years. In that case, Manning’s sentenced was commuted by President Obama after just seven years in the U.S. Disciplinary Barracks at Fort Leavenworth.
A naked plea is generally considered a risky move, where the defense hopes that by their client taking responsibility, the judge will be lenient in their sentence.
Bergdahl’s newest argument is centered around a reporter asking President Trump about the Bergdahl case after he had entered his guilty plea. Bergdahl’s lawyers have previously made multiple attempts to get the case thrown out due to comments that the President had made while still on the campaign trail.
The judge, COL Jeffery R. Nance, had previously ruled that these comments in no way restricted Bergdahl’s ability to receive a fair trial. When asked about the case, President Trump said that he would not comment. However, he then stated, “I think people have heard my comments in the past.”
In their request to have the case dismissed, Bergdahl’s defense stated: “President Trump stands at the pinnacle of an unbroken chain of command that includes key participants in the remaining critical steps of the case.” This motion is intended to protect Bergdahl from any punishment whatsoever, punishment for the crimes he admits knowingly committing.
It is unclear how COL Nance will respond to these claims, in light of Bergdahl’s own words made public last weekend. In an interview recorded last year, Bergdahl was already claiming he would be unable to get a fair trial. He implied that his court-martial would be a “kangaroo court” and equated it to a lynching.
COL Nance has shown fair consideration to Bergdahl and his defense team throughout the pre-trial phase of the court-martial. Prior to Bergdahl electing to avoid the judgment of his peers, the defense had requested and received permission to question jurors about President Trump. However, their more outlandish requests have been denied. These include the multiple requests to have the case thrown out and demanding of access to the emails of Bergdahl’s Commander-In-Chief.
Sentencing is still currently scheduled to be on Monday, the 23rd of October. It remains to be seen how the judge will rule on the defense’s request. For their part, the White House stated that a court-martial must be “resolved on its own facts” when asked about Bergdahl’s claims.
In the statement issued on Friday, the White House said that President Trump “expects all military personnel” involved in the case to “exercise their independent professional judgment.” The statement went on to further clarify that there were “no expected or required dispositions, outcomes, or sentences in any military justice case.”
The statement did not mention Bergdahl by name.
