For one thing, the ratio of prisoner exchange was VERY lopsided. That alone established a very bad precedent.
Now five prisoners may be sprung from Gitmo for every casual prisoner taken by various factions of Islamic Jihadist terrorists.
And now, having gotten Bergdahl back, it was no heroic plus for our side, as he had little to recommend him for any honors or decorations. In fact, he may have not even have been held to the provisions of the UCMJ, as regards the behavior of captured military personnel while a prisoner.
UCMJ spells out very specifically, the captured service member may only provide name, rank, and serial number when captured, and imparting of any additional information, as to assigned unit, probable mission of that unit, or names of other members of that unit, are all prohibited.
Was Bergdahl guilty of any of this behavior, or not?
The one problem in your scenario....it notes he has to be captured. In Bergdahl’s case....he walked away and gave himself to the enemy.
I think the closer you get to a court episode....the more pressure on this guy. He’s too unbalanced to handle the pressure.