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Title: Silence on Bowe Bergdahl, months after Army investigation concludes
Source: [None]
URL Source: http://www.washingtonpost.com/news/ ... -army-investigation-concludes/
Published: Dec 16, 2014
Author: Dan Lamothe
Post Date: 2014-12-16 23:41:17 by out damned spot
Keywords: Bowe Bergdahl, Army, investigation
Views: 1302
Comments: 8

Six months after the military began an investigation into the disappearance of Army Sgt. Bowe Bergdahl and his capture by the Taliban, which held him for five years, the results remain under wraps as senior Army officials determine what to do next.

Bergdahl was recovered in Afghanistan by U.S. troops in a controversial swap for five Taliban officials on May 31. He had disappeared from his small patrol base on June 30, 2009, under a cloud of suspicion and fear as it became clear he been captured by militants.

The Army in June launched a new investigation into Bergdahl’s disappearance and capture, amid a raft of accusations from his fellow soldiers that he walked away from his unit on the battlefield and questions about whether the Obama administration handled the prisoner swap legally. But six months later there is silence about the probe from all corners.

Army Lt. Col. Alayne Conway, a spokeswoman at Army headquarters, and Army Col. Steve Warren, a spokesman for the Pentagon, both said Monday that they had no updates about the case. Bergdahl’s lawyer, Eugene R. Fidell, declined to comment. Fidell, a military justice expert who teaches at Yale University, was hired in July.

The military has released few updates since this summer. In August, Army officials said the Bergdahl investigation was in its final stages, but warned that a draft report prepared by the investigating officer, Maj. Gen. Kenneth Dahl, would undergo a legal review before being presented to top Army officials. Navy Rear Adm. John Kirby, the Pentagon press secretary, said in November that the work on the investigation was complete and it was under review.

The accusations against Bergdahl are serious: Any service member who leaves their unit in a war zone without authorization commonly faces one of two criminal charges in the Army: desertion or going absent without leave (AWOL). Desertion is the more serious one, and usually arises in cases where an individual intends to remain away from the military or to “shirk important duty,” including a combat deployment such as Bergdahl’s.

Desertion can lead to a variety of sentences, include a demotion in rank, forfeiture of pay and a bad-conduct discharge that takes away medical benefits. It also can lead to confinement, as the 2013 sentencing of a Coast Guard rescue swimmer Russell Matthews illustrated. He was sentenced to six months imprisonment on top of 119 days he already had served in a Navy brig for disappearing from his unit and camping in the mountains of Hawaii for three months.

But there also is precedent for President Obama to pardon Bergdahl, while citing his past imprisonment at the hands of the Taliban, should he choose.

In one example, then-Marine Capt. Ernest Brace was found guilty of desertion by the Marine Corps after crashing a government aircraft and disappearing in Maryland in 1961 while trying to avoid gambling debts, according to a recent obituary. He later became a pilot on contract with the CIA, and was captured in Vietnam and taken as a prisoner of war in 1965. He was released in 1974, and President Gerald R. Ford granted him a full pardon for his earlier desertion in recognition of his long captivity.

In November, Rep. Duncan Hunter (R.-Calif.) suggested in a letter to Defense Secretary Chuck Hagel, that the United States had tried to pay ransom to get Bergdahl back, but failed after it was taken by an Afghan “intermediary” who disappeared with the cash and didn’t help free the soldier.

Kirby denied that Nov. 20, saying no money was paid and there was no failed attempt to pay ransom.

A spokesman for Hunter, Joe Kasper, said Monday that “the only logical conclusion” at this point is that the release of the investigation is being “slow rolled” by Army Secretary John McHugh.

“Even though the process for investigating permits delays, there’s no reasonable excuse for the amount of time this has taken,” Kasper said. “Secretary McHugh should be motivated to get this done, but at this point he’s shown he’s committed to sitting on the investigation, which will get no complaints from the administration.”

A spokesman for McHugh could not immediately be reached for comment.

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#1. To: out damned spot (#0)

http://www.foxnews.com/politics/2014/12/19/bergdahl-investigation-wraps-up-top-leaders-get-briefings/

Bergdahl investigation wraps up; Top leaders get briefings

The Army has finished its investigation into how and why Army Sgt. Bowe Bergdahl disappeared from his base in Afghanistan and plans to brief Defense Secretary Chuck Hagel this afternoon, officials said Friday.

Details about the probe's conclusion have been closely held. The report could include recommendations on whether Bergdahl should be charged with any criminal violations or forced to leave the Army. Potential charges could be desertion or leaving his post and being "absent without leave," or AWOL. The final disposition will also determine whether Bergdahl gets as much as $300,000 in back pay and other benefits.

Officials said Army Secretary John McHugh could send the case back to U.S. Army North, where the commander there, Lt. Gen. Perry Wiggins, would decide if charges are appropriate and what, if any, punishment is warranted.

Bergdahl disappeared on June 30, 2009, reportedly walking away from his unit after expressing misgivings about the U.S. military's role -- as well as his own -- in Afghanistan. He was captured by the Taliban and held by members of the Haqqani network, an insurgent group tied to the Taliban that operates both in Pakistan and Afghanistan.

On May 31, Bergdahl was handed over to U.S. special forces in Afghanistan as part of an exchange for five top Taliban commanders who were imprisoned at Guantanamo Bay, Cuba. After spending about two weeks recuperating at a U.S. military hospital in Germany, Bergdahl was sent to Brooke Army Medical Center at Fort Sam Houston on June 13.  He is now doing administrative duties at the base, awaiting the conclusion of the case.

An initial U.S. military investigation in 2009 concluded that Bergdahl deliberately walked away, based on evidence available at the time. Since his release, some former soldiers who served with him have labeled him a deserter and said he should be held accountable for leaving his post. Others have suggested that troops were put in danger, and even killed, as they tried to find Bergdahl.

But there are also those who contend that even if Bergdahl deliberately walked away, his five years in captivity were more than enough punishment for the soldier.

Shortly after Bergdahl was released, Army Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, left open the possibility that an Army investigation could result in desertion or other charges.

Maj. Gen. Kenneth R. Dahl was tasked to conduct an exhaustive investigation into the matter, and spent months interviewing unit members and commanders, and meeting with Bergdahl and his attorney, Eugene Fidell, a military justice expert who is also a visiting lecturer at Yale Law School. He submitted his report in mid-October, setting off a lengthy legal review or his review and findings.

The deal to swap prisoners with the Taliban, meanwhile, enraged members of Congress who complained the administration violated requirements to inform lawmakers of any such transfer 30 days in advance.

A report by the nonpartisan Government Accountability Office said the Pentagon broke the law by not telling Congress and using nearly $1 million of a wartime account to make the transfer.

Hagel told Congress that the Defense Department "acted lawfully in the operation to recover Sgt. Bergdahl, a judgment that was supported by the Justice Department."

WHAT. A. JOKE.

Bergdahl was a deserter and traitor; The Pentagram and President's Cabal colluded to break several laws while bypassing Congressional authorization with illegal prisoner swaps of terrorists along transfers of money.

But, oh wait; How did this all conclude?:

[Recent disgraced quitter and traitor] Hagel told Congress that the Defense Department "acted lawfully in the operation to recover Sgt. Bergdahl, a judgment that was supported by the Justice Department."

What a mockery of the entire process and protocol.

ODS, thanks for posting this story as well as other pertinent news here at LF. Why are people too engrossed with LE Puppy-cide, pot laws, and other fake pop-circus distractions instead of THIS?

Liberator  posted on  2014-12-19   14:07:20 ET  Reply   Trace   Private Reply  


#2. To: Liberator (#1)

What a mockery of the entire process and protocol.

I don't know the answer to that. This would be a thread high-jacked if it were on LP.

Oh. Thank you. :)

out damned spot  posted on  2014-12-19   20:30:21 ET  Reply   Trace   Private Reply  


#3. To: Liberator, out damned spot (#1)

"acted lawfully in the operation to recover Sgt. Bergdahl"

Let's not forget Pvt. Bergdahl went AWOL and was promoted to SGT while AWOL. That's one way to "earn" a promotion.

nolu chan  posted on  2014-12-19   23:16:06 ET  Reply   Trace   Private Reply  


#4. To: Liberator, Out damned spot, GarySpFc (#1) (Edited)

Maj. Gen. Kenneth R. Dahl was tasked to conduct an exhaustive investigation into the matter, and spent months interviewing unit members and commanders, and meeting with Bergdahl and his attorney, Eugene Fidell, a military justice expert who is also a visiting lecturer at Yale Law School. He submitted his report in mid-October, setting off a lengthy legal review or his review and findings.

K.D. Dahl was selected to investigate for a reason. There is none better on active duty to conduct this Article 32 investigation. KD was an old boss of mine and in no way is a yes man. Dahl will do it by the book. He is a genius, great leader and people person. Very rare today in the Army. He will leave no stone unturned.

I conducted an Article 32 investigation for KD when he was my Brigade commander. He was thorough in reviewing my recommendations and spent 4 hours asking questions. Bad thing was after that encounter I was selected to sit on 6 summary courts martials as the presiding officer.

Timing of the report on Bug out Bergie? No doubt another great leader and former boss Ray Odierno is waiting for the new Congress.

Or KD is taking his time as he did when he cross examined my 32 findings for 4 hours:)

But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name (John 1:12)

redleghunter  posted on  2014-12-20   0:34:29 ET  Reply   Trace   Private Reply  


#5. To: out damned spot (#2)

This would be a thread high-jacked if it were on LP.

To help make you feel nostalgic, shall I start posting links to Boris' inanities, shot-dogs, and Gitmo "unfairness"?

;-)

But yes ODS -- thank you for continuing to post REAL news.

Liberator  posted on  2014-12-20   12:24:52 ET  Reply   Trace   Private Reply  


#6. To: nolu chan, redleghunter (#3)

Let's not forget Pvt. Bergdahl went AWOL and was promoted to SGT while AWOL. That's one way to "earn" a promotion.

Ugggh. Great observation. An actual promotion(!!) after having gone AWOL as well as been an obvious traitor. Many other heroic servicemen who've sacrificed have been ignored for a promotion. Sickening. Bergdahl just 20 years ago would have probably been hung or faced life imprisonment at Leavenworth.

The military is clearly hijacked. Down is UP, Evil is GOOD. I have NO doubt that American troops are purposely set up in ambushes. How many news stories can we point and say, "More Isaiah 5:20."

Liberator  posted on  2014-12-20   12:32:07 ET  Reply   Trace   Private Reply  


#7. To: redleghunter (#4)

K.D. Dahl was selected to investigate for a reason. There is none better on active duty to conduct this Article 32 investigation. KD was an old boss of mine and in no way is a yes man. Dahl will do it by the book. He is a genius, great leader and people person. Very rare today in the Army. He will leave no stone unturned.

Indeed good news. None better, a man of immense integrity, a man who knows right from wrong. Here are the questions:

Will KD be allowed to reveal his findings and recommendations? IF so, will his report be allowed to see the light of day for public consumption? I certainly expect his findings to be spiked at midnight before the GOP-led Congress takes over bitness. That said, with Boehner and McConnell in charge Committees, I expect few policy changes.

I conducted an Article 32 investigation for KD when he was my Brigade commander. He was thorough in reviewing my recommendations and spent 4 hours asking questions. Bad thing was after that encounter I was selected to sit on 6 summary courts martials as the presiding officer.

No good deed goes unpunished ;-) Seriously, you'd brought that same degree of integrity and honor to the table, brutha. KD trusted you, which does say volumes for him. We are blessed to have had both you serve on our behalf.

Liberator  posted on  2014-12-20   12:43:01 ET  Reply   Trace   Private Reply  


#8. To: Liberator (#7)

I see what you are saying. Even though an investigation is done with integrity will the results be communicated faithfully?

The communication piece is not the investigating officer's duties. The next step would either be to proceed with a full court martial or not cite preferred charges.

Akin to a civilian grand jury investigation Dahl will present his finding and recommendations. What the senior Army General in Bergies chain of command does is the key. Will they proceed with preferred charges and CM or hear a plea bargain of some sort?

But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name (John 1:12)

redleghunter  posted on  2014-12-20   20:24:53 ET  Reply   Trace   Private Reply  


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