AlanShearer wrote:
gregtryin wrote:
jkca1 wrote:
I think 5 years as captive of the Taliban is enough. He made his decision, a poor one, paid for it, and now has to live with his conscience forever.
He willfully walked over to pay the Taliban a visit. That's not punishment, that's self inflicted hardship as a result of extreme stupidity. He hasn't 'paid' for anything and has no conscience as far as I am concerned. 15-20 years in prison would be my expectation of an appropriate sentence. Depending on who you believe, there are numerous accounts of injuries and loss of life associated with the people that risked their lives to get him back because they were unaware he deserted. Lots of disagreement about that, but at the very least, a lot of people did put their lives at risk hunting for the guy.
Greg
I don't know what the appropriate punishment is, but he deserves some punishment. And being held captive by the Taliban for 5 years isn't punishment. That would be natural consequences, but not punishment. There still needs to be some punishment.
X2. And I can't believe we traded five hardcore Taliban/Al-Qaeda terrorists just to free a deserter whose actions may have led to the death or permanent disablement of several Soldiers sent out to look for him.
This man (I won't give him the title "Soldier") hasn't come close to paying his debt to the US Army, the armed forces and the United States. He went over the hill, did the bugout boogie... whatever you want to call it. And he deserted his battle buddies. His absence in his OP (observation post) could have proved fatal to his unit if the Taliban had decided to attack and exploited that weakness in the perimeter defense. If I were his CO, I'd have had no problem writing him up and pushing for a referral to a general court martial for his actions.
This one isn't even a close call, really, and I don't suspect it will be for the military judge who'll pass sentence. He faces punishment for desertion, which is a five-year jolt. Misbehavior before the enemy is a far more serious crime, and no amount of ill treatment by the Taliban -- if that's indeed what actually happened to him -- can serve as a substitute for confinement in Leavenworth after imposition of sentence upon conviction of both charges.
My guess is the judge will go easier on him on the desertion charge -- because some servicemembers every year go AWOL and then end up deserting (many are sitting in Canada, from what I hear) -- than he will on his misbehavior before the enemy.
It's like this, I think: Bergdahl wouldn't suddenly be pleading guilty to both charges -- and in effect throwing himself on the mercy of the court -- if the Army didn't have rock-solid evidence of his perfidy in that regard. And if his attorneys think they'll be able to beat all this on appeal all the way up to the US Court of Appeals for the Armed Forces, they're either deluded or think CAAF is a pushover. It isn't, unfortunately for Bergdahl. And I don't see the Supreme Court -- which can hear appeals, post-decision by CAAF -- getting involved in this one. Like I said: the question of his guilt isn't even really a question.
I very much doubt he'll get life imprisonment on that misbehavior charge, but I can see a 10 to 15-year total sentence under both charges and a dishonorable discharge, the most-severe of the punitive discharges that can be imposed upon conviction at a general court martial.
"Politics is just show business for ugly people."