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The proceedings
held at a military base in San Antonio will be similar to a
probable cause case in civilian court where both sides can call
witnesses and lay out legal arguments, legal experts said.
Bergdahl, 29, was charged in March with desertion and
misbehavior before the enemy. If convicted of misbehavior, the
most serious charge, he could be sentenced to life in prison.
U.S. Army Forces Command said an Article 32 preliminary hearing
into the two charges would take place at Joint Base San
Antonio-Fort Sam Houston, Texas, where Bergdahl has been
stationed since shortly after his release in the summer of 2014.
An Article 32 proceeding is similar to a grand jury
investigation under civilian law, and the appearance would be
Bergdahl's first before a court since being charged.
The presiding officer at the hearing will recommend the course
of action for resolving Bergdahl’s case, whether it should
proceed to a trial by court martial or be dispensed in some
other manner.
Bergdahl disappeared on June 30, 2009, from Combat Outpost
Mest-Lalak in Paktika Province, Afghanistan, and was later
captured by the Taliban.
He was freed in a prisoner swap that sent five Taliban leaders
who were being held at Guantanamo to Qatar, where they had to
remain for a year. The deal drew heavy criticism from
Republicans.
Attorney Eugene Fidell, who is leading Bergdahl's defense, has
said Bergdahl was not trying to desert when he left his post but
instead was trying to locate the nearest general officer so he
could report "disturbing circumstances."
(Reporting by Jon Herskovitz; Additional reporting by David
Alexander in Washington; Editing by Eric Beech)
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