According to the Associated Press, sources close to the Bowe Bergdahl defense team say that Bergdahl will be pleading guilty to charges of desertion and misbehavior before the enemy. The maximum incarceration for the desertion charge is 5 years; however, the maximum jail time for the more serious misbehavior charge is life in prison.
By entering the plea, Bergdahl will avoid the trial phase of his court-martial. According to the two individuals who reached out to the Associated Press, Bergdahl will submit his guilty plea in the coming weeks and the sentencing phase of his court-martial will begin on October 23rd, the day his trial was already scheduled to begin.
The last defense motion for Bergdahl had demanded uncensored access to 113 emails between the prosecution and the White House. The motion came after repeated attempts to have all of the charges against him thrown out over comments that President Trump had made during his 2016 election campaign. Bergdahl’s lawyers had also demanded the right to interview the lead prosecutor, MAJ Justin Oshana, about conversations he had with a lawyer for the National Security Council. The judge in the case, COL Jeffery Nance, denied the motions at Bergdahl’s last pretrial hearing on the 27th of September.
In issuing his ruling, COL Nance said: “Why does it matter what he said to whoever it was at the National Security Council?” He noted that he had already ruled on any possible undue command influence involving comments by President Trump before the election; COL Nance went on to say that any further communications between the lawyers so long after the comments were made would not change the court’s opinion on any undue influence.
Both defense team lawyers, as well as the prosecution, declined to comment on the reports that Bergdahl was planning to enter a guilty plea. It remains to be seen if the two sides have reached a plea deal that would dictate how severe of a penalty the prosecution would recommend during sentencing. During sentencing, it is expected that service members who were seriously wounded in action while searching for Bergdahl will testify on behalf of the prosecution.
A spokesperson for the Army, Paul Boyce, declined to issue a statement about the case beyond saying “We continue to maintain careful respect for the military-judicial process, the rights of the accused, and ensuring the case’s fairness and impartiality during this ongoing legal case.”
Even if there is a plea deal that recommends no jail time, Bergdahl could be reduced to E-1 and forfeit all pay and allowances; this would likely mean the back pay he had collected while in Taliban custody, which is currently being held pending the outcome of his court case. Bergdahl could also receive a dishonorable discharge, which would ensure that he forfeited all benefits from the Department of Veterans Affairs. Without a punitive discharge, Bergdahl could draw disability for the rest of his life, as well as take advantage of the GI Bill.
Regardless of how the disgraced soldier is punished, to quote David Burge, “I am sure he will serve his sentence with honor and distinction.”
