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U.S. army Sgt. Bowe Bergdahl charged with desertion

U.S. Army Sergeant Bowe Bergdahl, a former Taliban prisoner in Afghanistan, was formally charged on Wednesday with desertion and misbehaviour before the enemy, and faces a maximum sentence of life in prison if convicted of the most serious count.

Bergdahl disappeared in 2009 from outpost in eastern Afghanistan

U.S. Sgt. Bowe Bergdahl was released in a prisoner exchange after being held by a Taliban group. (Associated Press)

U.S. army Sgt. Bowe Bergdahl, a former Taliban prisoner in Afghanistan, was formally charged on Wednesday with desertion and misbehaviour before the enemy, and could be sentenced to life in prison if convicted of the most serious count, the army said.

Bergdahl's attorney, Eugene Fidell of Yale Law School, said the army had scheduled an Article 32 investigation hearing on April 22 to determine whether there was sufficient evidence to proceed with a court-martial.

The army said the investigation, similar to a civilian grand jury proceeding, would take place at Fort Sam Houston in San Antonio, Texas.

Bergdahl, 28, was released from Taliban custody last summer in a controversial prisoner swap that saw five Taliban prisoners held at Guantanamo Bay, Cuba, transferred to Qatar, where they were required to remain for a year.

Bergdahl disappeared on June 30, 2009, from Combat Outpost Mest-Lalak in Paktika Province in eastern Afghanistan and was subsequently captured. He disappeared from the outpost early one morning after doing guard duty, leaving behind his gun, ammunition and body armour.

An initial wave of euphoria over Bergdahl's release was followed by a backlash among U.S. lawmakers angry because they were not given 30 days' notice before the transfer of the Guantanamo prisoners, as required by law.

"On paper, it's very dire," Fidell told CBC’s Carol Off. "But the fact is that everyone who knows anything about this case knows that he’s a person who was held by the Taliban for nearly five years under abysmal conditions."

The charges are just a preliminary step, Fidell told CBC's CBC's As It Happens. He said that a court martial was possible, but it was just one of a range of outcomes that could follow the charges.

'Important step' 

Bergdahl's lawyer declined to offer any detail about why the soldier left his post, saying that information would come out later, adding that an upcoming preliminary hearing would be open to the public. 

Some of Bergdahl's former army comrades also came forward and said they believed he deserted his post.

Defence laywer Eugene Fidell says Bergdahl's preliminary inquiry will be open to the public. (Associated Press)

Former army sergeant Evan Buetow, who served with Bergdahl, said on Wednesday that the former war prisoner had been treated fairly by the army and needed "to answer for what he did."

"He put all of our lives in danger," Buetow said. "Men from our company died, when I don't believe they would have if he wouldn't have left."

Republican lawmakers also backed the army's decision to move ahead with the charges. Senator John McCain, head of the Senate Armed Services Committee and himself a Vietnam War prisoner, said it was an "important step" toward determining Bergdahl's accountability.

Representative Mac Thornberry, head of the House Armed Services Committee, accused the administration of making the case more difficult by failing "to follow the law surrounding the release of the Taliban 5."

Bergdahl's case has been under review by General Mark Milley, head of U.S. Army Forces Command, who was asked to look at the circumstance surrounding Bergdahl's capture.

As a result of the review, Bergdahl was charged with desertion with intent to shirk important or hazardous duty and misbehaviour before the enemy by endangering the safety of a command, unit or place, said an army spokesman at Fort Bragg, North Carolina, where Milley is based.

The desertion charge carries a maximum prison term of five years, while the misbehaviour count carries a maximum term of life in prison, he said. The charges also carry a number of other potential punishments, including a dishonourable discharge, reduction in rank to private and forfeiture of all pay.

Bergdahl's parents declined to comment on the army's decision to charge their son. Some residents in his hometown of Hailey, Idaho, also expressed reluctance to comment on the developments, citing anger at the community that came after it showed support for him following his release.

A rally for Bergdahl was abruptly cancelled last summer amid the political uproar. The family and several supporters received threats by email and telephone, Hailey officials said.

Debbie O'Neill, one of the co-organizers of the cancelled rally, said she thought people were shocked by the army's decision on Wednesday.

"Other than that, I think we have to wait for the military justice system to play out," she said. "I'm sure the military has enough evidence to back up the charges, but my heart breaks for him [Bergdahl]."

Fidell said Wednesday that the negative publicity about Bergdahl could interfere with his client receiving a fair trial, but he also said people are entitled to their opinion.

"There are going to be people who are going to have harsh judgments about him, that's their business, that's life — it's a democracy," the defence lawyer said. 

After a period of rehabilitation following his release, Bergdahl was reassigned to military duties. He currently has an administrative role in an office at Fort Sam Houston in San Antonio.

A spokeswoman at the base said it would be up to the lawyers to determine what would happen to Bergdahl now that he has been charged.

With files from CBC

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