Another day in court for Bergdahl and his lawyers.
After making an attempt to eliminate jurors who voted for Trump in the upcoming court martial for Bowe Bergdahl, Judge COL Jeffrey Nance has officially denied the defense’s request.
Potential jurors are set to receive a survey next week that will allow both the defense and prosecution to conduct basic screening of the jury pool. COL Nance said that the attorneys for Bergdahl can ask prospective jury members about their impressions of President Trump, but not about how they actually voted in the election. At a pre-trial hearing, the judge told the defense that “I believe it is prohibited by [court] rules” to ask specifically how jurors had voted in an election.
This was the second day of pre-trial hearings for the accused deserter and former Taliban captive. Bergdahl’s court martial is scheduled to begin in October; he faces charges of “misbehavior before the enemy by endangering the safety of a command, unit or place” and “desertion with intent to shirk important or hazardous duty.” The charges stem from his actions in June, 2009. He faces a possible maximum sentence of life in prison; Bergdahl has yet to enter a plea or decide whether he will face trial by judge alone or by a jury of his peers.
Also testifying at Wendy’s hearing was a retired Navy Seal, James Hatch. Hatch testified that he was forced into an early retirement during a mission in July, 2009 that sought to recover Bergdahl. Hatch was shot during the rescue mission and his femur was shattered. A military working dog was also killed during the mission. After 18 surgeries, Hatch has a permanent limp and entered the courtroom with a service dog. COL Nance has already ruled that injury evidence cannot be utilized by the prosecution during the trial phase, but has yet to rule if it will be allowed during sentencing.
Defense attorneys also asked the judge to rule that any alleged act of desertion came to an end when Bergdahl was taken into captivity by the Taliban. They stated that a ruling was needed in order to advise Bergdahl on what the consequences were for the plea he was entering. COL Nance ruled Bergdahl could plead guilty to the lesser offense of being AWOL, but that the prosecution could choose to continue the charge of desertion if they so wished. Nance said he would rule later on the duration of Bergdahl’s absence, as well as the defense’s motion to dismiss the misbehavior before the enemy charge.
Since being exchanged for five senior Taliban prisoners in May of 2014, Bergdahl received medical treatment and returned to active duty in July. Stationed at Fort Sam Houston in San Antonio, Texas, Bergdahl has been working an administrative job and reportedly requires a personal security detail.
The five Taliban leaders exchanged for Bergdahl are also enjoying their freedom in Qatar; the group released from Guantanamo Bay include the Taliban’s army chief of staff, a Taliban deputy minister of intelligence, and a former Taliban interior minister.
If Bergdahl is not convicted, he stands to collect back pay from his time in captivity, retain the rank of Sergeant, and collect VA benefits for the rest of his life. If convicted, regardless of sentence, Bergdahl stands to lose all pay and benefits and receive a dishonorable discharge.
