30 Jun '17, 3pm

Bowe Bergdahl case: Judge lets rare misbehavior charge proceed

RALEIGH, N.C. — The military judge overseeing Army Sgt. Bowe Bergdahl's case says prosecutors can try the soldier on a rare charge alleging he endangered comrades by walking off his post in Afghanistan in 2009. The judge, Col. Jeffery Nance, rejected a defense motion on Thursday to dismiss the charge of misbehavior before the enemy, which carries up to a life sentence. Bergdahl also faces a desertion charge, punishable by up to five years, at trial in October. Defense lawyers said prosecutors used faulty logic to charge Bergdahl with a crime more serious than his underlying actions. The judge acknowledged that case law is "scarce" because the misbehavior charge is so rarely used, but he said a soldier who leaves his post alone and without authorization should be aware he could face punishment.

Full article: https://www.armytimes.com/articles/bowe-bergdahl-case-jud...

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