Army Sgt. Bowe Bergdahl will stand trial by general court-martial for desertion and misbehavior before the enemy in connection with his actions that caused him to fall into the hands of the Taliban as a prisoner of war for five years, Army officials said Monday.
He could face up to life in prison if convicted.
Gen. Robert Abrams, commander of the Army’s Forces Command, was tasked with reviewing the report of a hearing officer who said Bergdahl should only face a special court-martial, a proceeding with stricter limits on possible punishments. Abrams has the power under military law to make his own decision in the case and disregarded the recommendation and opted for a general court-martial. Officials did not give a reason for his decision.
Bergdahl was charged with the two offenses under military law in March, and a preliminary hearing in the case was held in September at Fort Sam Houston, Texas. Forces Command spokesman Jim Hinnant said in a statement that Bergdahl would be arraigned at Fort Bragg, N.C., but a date has not yet been set.
In a statement, Eugene Fidell, Bergdahl’s civilian lawyer, expressed his disappointment at Abrams’ decision.
“The charges against Sgt. Bergdahl have today been referred for trial by a general court-martial,” Fidell said. “The convening authority did not follow the advice of the preliminary hearing officer who heard the witnesses.”
Bergdahl walked off his remote forward operating base in Afghanistan in June 2009 and within hours fell into the hands of the Taliban. He told Army investigators he intended to walk to another base to air his concerns about conditions in his unit.
He was released in May 2014 after being traded for five Taliban leaders held by the United States in Guantanamo Bay, Cuba. The House Armed Services Committee, in a report released Thursday, declared that the Obama administration broke the law and misled Congress in the swap.
Bergdahl’s status as the only prisoner of war of the Afghan conflict, along with controversies over his actions and the circumstances of his release, have made his case the object of fierce public debate, and his lawyers have waged a months-long battle to protect his name, including unsuccessfully going to court to force the Army to release its investigative materials.
Fidell has been particularly critical of GOP presidential candidate Donald Trump, asking Monday that he “cease his prejudicial months-long campaign of defamation against our client.
“We also ask that the House and Senate Armed Services Committees avoid any further statements or actions that prejudice our client’s right to a fair trial,” Fidell said.
