{"id":73166,"date":"2017-07-01T08:26:05","date_gmt":"2017-07-01T12:26:05","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=73166"},"modified":"2017-07-01T08:35:52","modified_gmt":"2017-07-01T12:35:52","slug":"military-judge-upholds-misbehavior-charge-in-bergdahl-case","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=73166","title":{"rendered":"Military Judge Upholds Misbehavior Charge In Bergdahl Case"},"content":{"rendered":"

\"\"<\/p>\n

Task and Purpose<\/a>\u00a0is reporting Col. Jeffery Nance, the military judge in Sgt. Bergdahl\u2019s court martial, has denied a defense motion to dismiss the misbehavior before the enemy charge. They argue the charge doesn\u2019t state a specific offence and should be dropped.<\/p>\n

Bergdahl was charged with desertion and misbehavior before the enemy by endangering the safety of his command by walking off a remote Afghanistan post in 2009, purportedly to alert higher ups with what he thought were serious leadership problems in his unit. He was captured and held by insurgents for five years before being exchanged.<\/p>\n

\u201cWe\u2019re continuing to prepare energetically for trial on both charges,\u201d said Eugene Fidell, Bergdahl\u2019s civilian lawyer. \u201cWhere things stand is, this will be an issue on appeal if Sgt. Bergdahl is convicted on the misbehavior charge.\u201d<\/p><\/blockquote>\n

Prosecutors allege Bergdahl deserted his post without authority, causing search and recovery operations. In his ruling, Nance said the misbehavior charge does state an offense.<\/p>\n

\u201cThe accused is on fair notice that he must defend himself for leaving Observation Post Mest alone and without authority, thereby wrongfully causing search and recovery operations,\u201d according to the ruling. \u201cCertainly this notifies him that he has to defend himself from the charge that he has intentionally committed a series of interrelated acts before the enemy, which, even if not particularly proscribed by some other criminal statute, are without authority and wrongful and, thus, criminal.\u201d
\n\u201cThere is simply no way the accused could not reasonably have understand that his conduct was proscribed,\u201d he wrote. \u201cFurthermore, the alleged conduct cannot even be said to be \u2018marginal\u2019 misconduct. The government avers that the accused left his combat outpost intentionally, without authority and for the purpose of causing search and recovery operations, which he ultimately did cause. The specification alleges that all of this was done \u2018before the enemy\u2019. How could such alleged conduct be characterized as anything other than misconduct under any definition of the word?\u201d<\/p><\/blockquote>\n

The court-martial is scheduled to begin Oct. 23 at Fort Bragg. Bergdahl could face life imprisonment if convicted of misbehavior before the enemy.<\/p>\n","protected":false},"excerpt":{"rendered":"

Task and Purpose\u00a0is reporting Col. Jeffery Nance, the military judge in Sgt. Bergdahl\u2019s court martial, has … Military Judge Upholds Misbehavior Charge In Bergdahl Case<\/span>Read more<\/a><\/p>\n","protected":false},"author":657,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-73166","post","type-post","status-publish","format-standard","hentry","category-politics"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/73166","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/657"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=73166"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/73166\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=73166"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=73166"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=73166"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}