Bergdahl's attorney, Eugene Fidell of Yale Law School, said the
Army had scheduled an Article 32 investigation hearing on April 22
to determine whether there was sufficient evidence to proceed with a
court-martial.
The Army said the investigation, similar to a civilian grand jury
proceeding, would take place at Fort Sam Houston in San Antonio.
Bergdahl, 28, was released from Taliban custody last summer in a
controversial prisoner swap that saw five Taliban prisoners held at
Guantanamo Bay, Cuba, transferred to Qatar, where they were required
to remain for a year.
Bergdahl disappeared on June 30, 2009, from Combat Outpost
Mest-Lalak in Paktika Province in eastern Afghanistan and was
subsequently captured. He disappeared from the outpost early one
morning after doing guard duty, leaving behind his gun, ammunition
and body armor.
An initial wave of euphoria over Bergdahl's release was followed by
a backlash among U.S. lawmakers angry because they were not given 30
days' notice before the transfer of the Guantanamo prisoners, as
required by law.
Some of Bergdahl's former Army comrades also came forward and said
they believed he deserted his post.
Former Army Sergeant Evan Buetow, who served with Bergdahl, said on
Wednesday that the former war prisoner had been treated fairly by
the Army and needed "to answer for what he did."
"He put all of our lives in danger," Buetow said. "Men from our
company died, when I don't believe they would have if he wouldn't
have left."
'IMPORTANT STEP'
Republican lawmakers also backed the Army's decision to move ahead
with the charges. Senator John McCain, head of the Senate Armed
Services Committee and himself a Vietnam War prisoner, said it was
an "important step" toward determining Bergdahl's accountability.
Representative Mac Thornberry, head of the House Armed Services
Committee, accused the administration of making the case more
difficult by failing "to follow the law surrounding the release of
the Taliban 5."
Bergdahl's case has been under review by General Mark Milley, head
of U.S. Army Forces Command, who was asked to look at the
circumstance surrounding Bergdahl's capture.
As a result of the review, Bergdahl was charged with desertion with
intent to shirk important or hazardous duty and misbehavior before
the enemy by endangering the safety of a command, unit or place,
said an Army spokesman at Fort Bragg, North Carolina, where Milley
is based.
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The desertion charge carries a maximum prison term of five years,
while the misbehavior count carries a maximum term of life in
prison, he said. The charges also carry a number of other potential
punishments, including a dishonorable discharge, reduction in rank
to private and forfeiture of all pay.
In a statement issued by his lawyers, Bergdahl said he was beaten by
his Taliban captors a number of times with a copper cable or a thick
rubber hose. He also said he tried to escape about a dozen times.
Bergdahl's parents declined to comment on the Army's decision to
charge their son. Some residents in his hometown of Hailey, Idaho,
also expressed reluctance to comment on the developments, citing
anger aimed at the community after it showed support for him
following his release.
A rally for Bergdahl was abruptly canceled last summer amid the
political uproar. The family and several supporters received threats
by email and telephone, Hailey officials said.
Debbie O'Neill, one of the co-organizers of the canceled rally, said
she thought people were shocked by the Army's decision on Wednesday.
"Other than that, I think we have to wait for the military justice
system to play out," she said. "I'm sure the military has enough
evidence to back up the charges, but my heart breaks for him
(Bergdahl)."
After a period of rehabilitation following his release, Bergdahl was
reassigned to military duties. He currently has an administrative
role in an office at Fort Sam Houston.
A spokeswoman at the base said it would be up to the lawyers to
determine what would happen to Bergdahl now that he had been
charged.
(Reporting by David Alexander in Washington, Jim Forsyth in San
Antonio and Laura Zuckerman in Salmon, Idaho; Additional reporting
by Eric Johnson in Seattle; Editing by Susan Heavey, Sandra Maler
and Jonathan Oatis)
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