U.S. military chooses rarely-used charge for Bergdahl
Recent Cases
Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against U.S. Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.
Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was -- as well as misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.
Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he "left without authority; and wrongfully caused search and recovery operations."
Observers say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm's way. The Pentagon has said there is no evidence anyone died searching for Bergdahl.
"You're able to say that what he did had a particular impact or put particular people at risk. It is less generic than just quitting," said Lawrence Morris, a retired Army colonel who served as the branch's top prosecutor and top public defender.
The Obama administration has been criticized both for agreeing to release five Taliban operatives from the Guantanamo Bay prison and for heralding Bergdahl's return to the U.S. with an announcement in the White House Rose Garden. The administration stood by the way it secured his release even after the charges were announced.
The military has scheduled an initial court appearance hearing for Bergdahl on Sept. 17 at Fort Sam Houston, Texas. Afterward the case could be referred to a court-martial and go to trial.
Related listings
-
Clerk in gay marriage case to appear in federal court
Recent Cases 09/04/2015A county clerk in Kentucky who has repeatedly defied court orders by refusing to issue marriage licenses will appear before a federal judge who could hold her in contempt of court. Rowan County clerk Kim Davis has been summoned to the hearing at 11 a...
-
Burkina Faso court rejects candidate of former ruling party
Recent Cases 08/31/2015A court in Burkina Faso on Saturday rejected the chosen presidential candidate of the former ruling party, prompting threats of a boycott of the vote in October. The presidential and legislative elections scheduled for Oct. 11 are intended to end one...
-
Pistorius prosecutors file appeal at Supreme Court
Recent Cases 08/18/2015Prosecutors pushing for a murder conviction against Oscar Pistorius filed papers at South Africa's Supreme Court of Appeal on Monday, four days before the Olympic runner is expected to be released from prison and moved to house arrest. Court registra...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer.” Here are a few things to consider when asking yourself that question.