That's an interesting question. And here's a related hypothetical. Suppose an arsonist deliberately sets fire to a house, and a fireman dies while trying to put out that fire. Can the arsonist be held liable for that fireman's death?
It seems to me that the Bergdahl case is not unlike the above hypothetical. Maybe a FR lawyer-type could weigh in on this.
Yes, proximate cause. Bergdahl’s absence from his post was not proximate cause.