Army Sgt. Bowe Bergdahl, who was held in Afghanistan for five years, was charged Wednesday with desertion and misbehavior before the enemy.
He could get life in prison if he is court martialed.
Bergdahl was released last May in exchange for five Taliban members imprisoned at the detention facility in Guantanamo Bay, Cuba.
Critics accused President Obama of orchestrating the deal to help empty the Gitmo prison, a goal that has eluded the president since he pledged to shutter the facility soon after entering the White House. Others said the exchange created a dangerous precedent and gave terrorist organizations an even greater incentive to take Americans hostage.
The so-called “Taliban five” were transferred to Qatar over objections that they would eventually return to the battlefield.
Obama championed Bergdahl’s release last May, but those serving alongside the soldier immediately accused him of desertion.
Republican lawmakers also said they were not given a 30-day notice, as required by law, about the transfer of the Gitmo detainees.
“The United States has always had a pretty sacred rule, and that is, we don’t leave our men or women in uniform behind,” Obama said last June, after being criticized for weeks about his decision.
“This case has been made more difficult by the administration’s failure to follow the law surrounding the release of the Taliban five,” Rep. Mac Thornberry, R-Texas, chairman of the House Armed Services Committee, said Thursday. “But, Sgt. Bergdahl’s conduct should be considered under the Uniform Code of Military Justice as would any other service member’s, and I trust it will be.”
Bergdahl was formally charged with “desertion with the intent to shirk important or hazardous duty” and “misbehavior before the enemy, by endangering the safety of the command,” under the Uniform Code of Military Justice, said Col. Daniel J.W. King, spokesman for U.S. Army Forces Command, in announcing the charges at Fort Bragg, N.C.
The case has been referred for a preliminary hearing, which will be used to determine whether it merits a court martial hearing or merits dismissal.
If court martialed, Bergdahl faces potential punishments including dishonorable discharge, the reduction of rank to private, forfeiture of all pay and allowances, and prison ranging from five years to life.
• Tara Copp and Charles Hoskinson contributed to this article, which has been updated.
