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Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan. Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was — but he was also charged with misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.

When Army Sgt. Patrick Hart decided a decade ago that he would not serve in the war in Iraq, he expected to follow the same path as thousands of American war resisters during the Vietnam era and take refuge across the border. But after five years of wrangling with the Canadian immigration system, he came back to the U.S.—and ended up in a military prison. The country that once welcomed war resisters has developed a much different reputation during the conflicts in Iraq and Afghanistan: Supporters say no U.S. soldier who has sought legal residence in Canada, either as a...

n addition to desertion, Army Sgt. Bowe Bergdahl faces an unusual charge: misbehavior before the enemy. Of the two, it is the far more serious charge, carrying with it a maximum punishment of life behind bars, a dishonorable discharge, a reduction in rank, and the loss of the tens of thousands of dollars of pay and benefits Bergdahl earned after joining the military over six years ago. The misbehavior charge is so rare that there aren’t many examples of how the military justice system has handled it in the past. The Army said that it had such a case in...

The Obama administration gave the parents of Army Sgt. Bowe Bergdahl extraordinary insider access to the military’s hunt for their son by having them take part in a series of secure video conferences with senior commanders as well as White House and State Department officials. A former government official involved in American hostage issues said he had never heard of giving a family such access and questioned whether sensitive information could have been conveyed to Robert and Jani Bergdahl and somehow leaked out. A family spokesman said he knows of no such breach. Soon after Sgt. Bergdahl went missing in...

A 2009 NCIS investigation into Sgt. Bowe Bergdahl’s activities while in Afghanistan reveal that there is clear evidence Bergdahl was “going over to the other side with a deliberate plan,” Lt. Col. Anthony Shaffer said on Fox News' "The O'Reilly Factor" Monday night. Shaffer, a former military intelligence officer and Fox News contributor, said two senior sources told him that the Naval Criminal Investigative Service investigation included a forensic review of his computer, which show Bergdahl’s apparent intent to travel to Uzbekistan. “He was going to go off to Uzbekistan,” Shaffer told Fox News’ Bill O’Reilly. “He had made contact...

If Sgt. Bowe Bergdahl were convicted of “misbehavior before the enemy” a century ago, he might also have been subject to a humiliating send-off. His sword might be broken or his insignia ripped from his uniform in front of his unit. Along with desertion, Bergdahl was accused last month of violating the little-understood Article 99 of the Uniformed Code of Military Justice — misbehavior before the enemy — for abandoning his post in Afghanistan in 2009 and thereby endangering his unit. Although desertion cases are not uncommon, few military lawyers have ever prosecuted, or defended, a misbehavior before the enemy...

While the Army has decided to charge Sgt. Bowe Bergdahl with desertion and "misbehaving before the enemy," his lawyer, Eugene Fidell, contends that Bergdahl never intended to desert. "Sgt Bergdahl had serious concerns about the lack of discipline in his unit," Fidell contended. "Rather than engaging in idle griping, he took the initiative to try to resolve the problem by conducting an independent inspection of the standards and practices of the Taliban. It was his hope that what he learned could help reform the way US troops behaved while in the field." "His plan was thwarted when the Taliban refused...

The Army has charged Bowe Bergdahl with desertion and has referred to an Article 32 military preliminary hearing which is the military version of a grand jury. Their job is to determine whether the charges against Bergdahl are sufficient for a court-martial trial or whether they should be dropped altogether. The court proceedings will be held at joint base San Antonio-Fort Sam Houston, Texas. The charges filed against Bergdahl under The Uniform Code of Military Justice are articles 85 and 99. Article 85 – Desertion. Definition: Any member of the armed forces who, without authority, goes or remains absent from...

During his indoctrination into the “Religion of Peace” Bowe Bergdahl, who has now been charged with desertion, was taught about the Islamic way of life. Here is what Islam says about various topics. TORTURE Qur’an 5-33 says, “The punishment for those who wage war against Allah and His Prophet and make mischief in the land, is to murder them, crucify them, or cut off a hand and foot on opposite sides…their doom is dreadful. They will not escape the fire, suffering constantly.” TERRORISM Qur’an:8:12 “Your Lord inspired the angels with the message: ‘I will terrorize the unbelievers. Therefore smite them...

Sgt. Bowe Bergdahl, the U.S. soldier who was recovered in Afghanistan last spring after five years in captivity, faces charges of desertion and misbehavior before the enemy, according to his lawyer.

A Marine who vanished from his military base in Iraq in 2004 and was later shown in captivity in a video on Islamist militant Web sites was found guilty on Monday of desertion after spending most of the past decade in Lebanon. Cpl. Wassef Ali Hassoun, 34, was found guilty of deserting with intent to avoid hazardous duty and desertion with intent to remain away permanently, said Marine Capt. Stewart Coles, a spokesman at Camp Lejeune, N.C., where the trial took place. Hassoun also was found guilty of losing government property — a 9mm M9 pistol that authorities said he...

In a recent post at The Federalist, senior editor David Harsanyi noted that, based on recent reports from Fox News and NBC News, it appears as though the Defense Department is set to charge Army Sgt. Bowe Bergdahl with desertion: Leaving his post in Afghanistan in 2009 “in the middle of a combat zone, potentially putting the lives of his fellow soldiers at risk.” For the record I was deployed to Afghanistan from October 2009 to September 2010; I arrived in-country after Bergdahl “went missing,” but remember hearing some scuttlebutt regarding the incident shortly after arriving from some guys who...

Sgt. Bowe Bergdahl, who was released by the Taliban last year in exchange for five prisoners, is being charged with desertion, retired Lt. Col. Tony Schaffer told Bill O’Reilly on “The O’Reilly Factor” Monday. Mr. Shaffer, who now works for the London Center for Policy Research, said two separate military sources have confirmed to him that Sgt. Bergdahl’s attorney has been given a “charge sheet,” listing out the articles of the uniform military code that have been violated.

Vid at link

On Monday’s broadcast of “The O’Reilly Factor” on the Fox News Channel, retired Lt. Col. Tony Shaffer of the London Center for Policy Research revealed to host Bill O’Reilly that sources tell him U.S. Army Sgt. Bowe Bergdahl will face charges for desertion. Bergdahl was held captive by the Taliban-aligned Haqqani network in Afghanistan from June 2009 until his release in May 2014, which was part of a prisoner exchange for five Taliban members who were being held at the detention center at Guantanamo Bay.

Ben Rhodes looking to suppress information per analyst.

Oversight: A House Armed Services Committee member asks for a probe into reports that money was paid in a failed attempt to ransom alleged deserter Bowe Bergdahl. And where's that Bergdahl investigation report, anyway? Back on Oct. 16 we noted that the Pentagon had completed its investigation into Sgt. Bergdahl's abandonment of his Afghan post. But the report by Brig. Gen. Kenneth Dahl would not be released, according to an Army spokesman, until the end of a review process that was likely to be conveniently lengthy, lasting at least until after the midterm elections. It has now been over six...

Taliban Swap: The chairman of the Joint Chiefs of Staff says the report on the possible desertion of Sgt. Bowe Bergdahl will be produced "fairly soon." Does it expose his trade for terrorists as another administration disaster? bfrrIt's bad enough that the Obama administration is conducting a clearance sale of al-Qaida detainees at Guantanamo, releasing the worst of the worst like a candy dispenser. But as the Islamic State spawns terror cells in Europe, and al-Qaida, the demise of which was greatly exaggerated, is linked to the terrorist attack on the offices of Charlie Hebdo in Paris as revenge for...

(VIDEO-AT-LINK)Last Sunday, the chairman of the Joint Chiefs of Staff, Gen. Martin Dempsey, indicated that he expected a decision “fairly soon” on whether the Army will court martial Sgt. Bowe Bergdahl for allegedly deserting his post in Afghanistan, or has cleared him, paving the way for separation from the service and back pay in excess of $200,000. Moreover, a decision to clear Bergdahl may well open the door for him to be designated a former prisoner of war, ensuring him substantial monthly pay, medical and educational benefits for the rest of his life. To those who have followed all angles...

It's been six months since a prisoner swap led to the release of Sgt. Bowe Bergdahl. The Army's investigation into the circumstances under which the Hailey native left his Afghanistan base wrapped up in October, yet no new information has been released. Bergdahl's fellow soldiers say he deserted the base, which is a crime under military law. A military defense councilman speculated Wednesday that the delay could mean no charges will be filed. The question remains a mystery. What events led up to the disappearance of Bergdahl and his capture by the Taliban in 2009? He was held captive for...