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UP FRONTWednesday 23 December

Bergdahl appears in military court

JONATHAN DREW                a military trial that could re-  short hearing on charges of
Associated Press             sult in a life sentence for his  desertion and misbehavior
FORT BRAGG, North Car-       disappearance in Afghani-        before the enemy, a rela-
olina (AP) — Sgt. Bowe       stan in 2009.                    tively rare charge that car-
Bergdahl faced a military    Bergdahl, who was held by        ries the severe punishment.
judge Tuesday for the first  the Taliban for five years       If convicted of desertion,
time since the  U.S. Army    after he walked off a base,      he could get up to five
decided to proceed with      was arraigned during a           years in prison.

                                                                                            U.S. Army Sgt. Bowe Bergdahl leaves the courthouse Tuesday,
                                                                                            Dec. 22, 2015, after his arraignment hearing at Fort Bragg, N.C.

                                                                                                                      (Andrew Craft /The Fayetteville Observer/AP)

                                                                                            Wearing a dress blue uni-       change.
                                                                                            form, Bergdahl deferred         A preliminary hearing offi-
                                                                                            entering a plea and did         cer initially recommended
                                                                                            not decide whether he           a special court-martial,
                                                                                            wants to face a court-          which is a misdemeanor-
                                                                                            martial with a jury or one      level forum. But earlier
                                                                                            with just a judge. He said      this month, the Army an-
                                                                                            little beyond answering         nounced Bergdahl would
                                                                                            “yes” and “no” to ques-         face the more serious gen-
                                                                                            tions about whether he un-      eral court-martial.
                                                                                            derstood his rights and the     While the military typically
                                                                                            court proceedings.              follows the recommenda-
                                                                                            He appeared demure, sit-        tion from the preliminary
                                                                                            ting mostly still in his chair  hearing known as an Ar-
                                                                                            then walking deliberately       ticle 32, it’s not unheard of
                                                                                            with his head down as he        for a high-ranking general
                                                                                            left the courtroom. He talk-    to make a different deci-
                                                                                            ed quietly with his military    sion, said Walter Huffman,
                                                                                            attorney before and after       a retired major general
                                                                                            the hearing.                    who served as the Army’s
                                                                                            The next pretrial hearing       top lawyer.
                                                                                            was scheduled for Jan. 12       Huffman was surprised the
                                                                                            before Army Judge Col.          more serious general court-
                                                                                            Jeffery R. Nance, who will      martial was chosen, but he
                                                                                            preside over future hear-       said the approach will al-
                                                                                            ings. Bergdahl, 29, walked      low the court to thoroughly
                                                                                            off his post in eastern Af-     consider the case with all
                                                                                            ghanistan’s Paktika prov-       punishments available.
                                                                                            ince on June 30, 2009. He       “It’s kind of: ‘Let’s let the
                                                                                            was released in late May        system decide. Let’s keep
                                                                                            2014 as part of a prisoner      our options open,’” he
                                                                                            swap, in exchange for five      said.
                                                                                            detainees in Guantanamo         The charge of misbehav-
                                                                                            Bay. The move prompted          ior before the enemy was
                                                                                            harsh criticism, with some      used hundreds of times
                                                                                            in Congress accusing Presi-     during World War II, but
                                                                                            dent Barack Obama of            scholars say its  use  ap-
                                                                                            jeopardizing the safety of      pears to have dwindled in
                                                                                            the country with the ex-        conflicts since then.q
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