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Tag: bergdahl release
Prominent U.S. Lawyer Says Ready To Defend Ex-POW Bergdahl

Prominent U.S. Lawyer Says Ready To Defend Ex-POW Bergdahl

Washington (AFP) — Sergeant Bowe Bergdahl’s lawyer on Thursday cautioned against a rush to judgment against his client as the U.S. military probes whether the soldier deserted his post before he was captured by Afghan insurgents.

Eugene Fidell, a prominent expert in military justice who has taken on Bergdahl’s case, told NBC’s “Today” show he had a “productive” initial meeting with the soldier last week.

But Fidell, who teaches at Yale University, said the case was being used by some to make political points even before all the relevent details were known.

“We don’t have all the facts yet. This is not the place to lay out a defense strategy,” he said.

Bergdahl was held captive by insurgents for nearly five years but his release on May 31, in a swap for five Taliban militants at the Guantanamo prison, has generated intense controversy.

Some fellow soldiers have accused him of desertion and some lawmakers voiced outrage that Bergdahl was freed in exchange for five Taliban militants, who were transferred from the U.S. prison at Guantanamo Bay, Cuba to Qatar.

“Obviously there are a number of narratives that are competing for attention” in explaining how Bergdahl came to be captured, and the circumstances of his release, Fidell said.

In particular, there has been “consternation among some people about the release of anyone from Guantanamo,” he said.

“There are people really invested in that issue and they would like to make Mr Bergdahl’s case a punching bag because of that concern.”

Media reports have portrayed Bergdahl as a troubled young man with deep misgiving about the U.S. military.

An alleged email from Bergdahl cited by Rolling Stone magazine quotes him saying the U.S. military was an army of “liars” and “bullies.”

But when asked if Bergdahl was proud to wear the American uniform, Fidell said: “Yes, I believe he is.”

He added: “I’m perfectly comfortable defending him.”

He said he forged a rapport with Bergdahl when he met him in San Antonio, Texas last week.

“I like him,” said Fidell, adding that “chemistry” was important between an attorney and a client.

The lawyer sidestepped a question as to whether Bergdahl intends to stay in the army or move on.

“I think he’s ready for the next chapter,” he said.

In an earlier report Wednesday from ABC News, Fidell said Bergdahl was “grateful” to President Barack Obama for securing his release.

“He believes President Obama saved his life,” he said.

Fidell also said that “there are people that have been using Sergeant Bergdahl for target practice in the media. I think that’s extremely unfortunate.”

He added: “People should resist the temptation to try this case in the media … Just hold the phone.”

AFP Photo

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Bergdahl Prisoner Exchange Sparks Bipartisan Backlash In Congress

By Michael A. Memoli, Tribune Washington Bureau

WASHINGTON — The White House on Wednesday battled a bipartisan storm of criticism over President Barack Obama’s decision to order the exchange of Taliban leaders for Army Sergeant Bowe Bergdahl.

Senior lawmakers from both parties are questioning the administration’s justification for acting without first consulting members of Congress and whether the deal put the nation’s security at further risk.

House Speaker John Boehner (R-OH) said in a statement Tuesday that members of Congress had not been briefed on the possibility of such an exchange with the Taliban since January 2012, and that there was “every expectation that the administration would re-engage” if diplomatic negotiations rekindled. The White House was aware that “it faced serious and sober bipartisan concern and opposition” to the idea, Boehner said.

“The administration has invited serious questions into how this exchange went down and the calculations the White House and relevant agencies made in moving forward without consulting Congress,” Boehner said.

Republican aides are promising “rigorous” oversight, particularly in the House when it returns from recess next week. House Armed Services Committee chairman Howard “Buck” McKeon (R-CA) has invited Defense Secretary Chuck Hagel to testify before the panel on June 11.

Senate Majority Leader Harry Reid (D-NV) defended Obama’s action, saying Wednesday that the president “acted honorably in helping an American soldier return home to his family.”

“Unfortunately, opponents of President Obama have seized upon the release of an American prisoner of war — that’s what he was — using what should be a moment of unity and celebration for our nation as a chance to play political games,” he said in remarks on the floor. “The safe return of an American soldier should not be used for political points.”

But other Democrats are among those expressing serious concerns. Senator Dianne Feinstein, a California Democrat and chair of the Senate Intelligence Committee, questioned the administration’s justification for not notifying members of Congress before the exchange, casting doubt upon its contention that Bergdahl’s deteriorating health justified quick action.

“As I understand, he was undernourished — not necessarily malnourished,” Feinstein told reporters after a closed briefing of the committee. “Unless something catastrophic happened, I think there was no reason to believe that he was in instant danger. There certainly was time to pick up the phone and call, and say, ‘I know you all had concerns about this.'”

Feinstein also said she had received an apology from White House deputy national security adviser Tony Blinken for not contacting her until after the mission was successfully completed.

“I strongly believe that we should have been consulted, that the law should have been followed. And I very much regret that that was not the case,” she said.

A Boehner aide said that when the Defense Department called Saturday morning to notify the speaker — a call that came less than an hour before Bergdahl’s recovery was announced publicly — it was acknowledged that they were “acting inconsistent with the law.”

Senate Republican Leader Mitch McConnell (R-KY) said he got a heads-up call Saturday from the White House. Reid was notified Friday, making him perhaps the only senior lawmaker given advance notice.

The top Republican on the Senate Intelligence Committee, Saxby Chambliss of Georgia, said he received a call Monday expressing regret.

“I haven’t had a conversation with the White House on this issue in a year and a half,” he said Tuesday. “Now, if that’s keeping us in the loop, then, you know, this administration is more arrogant than I thought they were.”

Senator Carl Levin (D-MI) said he recalled briefings with the administration about possibly releasing senior Taliban leaders from Guantanamo as part of an effort to begin political reconciliation talks — an idea he said he strongly opposed. But, he said, those briefings did not include a discussion of Bergdahl.

Levin, who said there was an attempt to notify him about the operation Saturday, said his colleagues should not be surprised that the administration acted as it did, because Obama “put us on warning” last December with a statement he issued after signing the defense authorization bill. In the signing statement, Obama said he intended to exercise his powers as commander in chief and, if necessary, “to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers.”

“Does that change the law? No. But does that assert that he has authority under the Constitution? Yes,” Levin said.

An administration official said the White House, State Department, Defense Department and the office of the Director of National Intelligence have “been in close touch with members of Congress and congressional staff” since Bergdahl was recovered.

“Over the coming days, our engagement with Congress, both at a member level and staff level, will continue,” the official said.

In addition to the Intelligence Committee briefing Tuesday, House staff will receive a formal briefing Wednesday, with others planned for both members of the House and members of the Senate Armed Services Committee next week.

Taliban Release Video Of Bergdahl Hand-Off To U.S.

Taliban Release Video Of Bergdahl Hand-Off To U.S.

By Kathleen Hennessey and Christi Parsons, Tribune Washington Bureau

A Pentagon spokesman says defense officials “have no reason to doubt” the authenticity of a newly released video that appears to show the calm and peaceful hand-off of Army Sergeant Bowe Bergdahl by his Taliban captors to U.S. custody last weekend.

The 17-minute video, released to NBC News by what the network reported was a “known Taliban spokesman,” shows both sides quickly shaking hands before Bergdahl is handed over, patted down and helped into a U.S. helicopter for transport.

In a statement released Wednesday, Pentagon Press Secretary Rear Admiral John Kirby said the video showing the controversial handover was still being reviewed at the Pentagon.

“Regardless, we know the transfer was peaceful and successful, and our focus remains on getting Sergeant Bergdahl the care he needs,” Kirby said.

Bergdahl was released Saturday after five years of imprisonment and several months of negotiations. The Obama administration negotiated his freedom in exchange for the transfer to Qatar of five detainees from the detention center at Guantanamo Bay.

The swap has been criticized by Republicans who say the White House violated policy by releasing Guantanamo detainees without the required advanced notice to Congress.

The video opens with footage of the 28-year-old Bergdahl seated in a white truck, his head and face completely shaven, speaking with a man who at one point pats him on the chest.

Dressed in a white tunic with a blanket over his shoulders, Bergdahl blinks rapidly and wipes at his eyes as they wait for a helicopter to appear in the cloudy skies above.

The video then captures images of a U.S. helicopter coming into sight, circling and landing, and then of three men in dark clothing running out several yards to meet Bergdahl and the two men who accompany him.

One of Bergdahl’s escorts carries a white flag tied to a stick. Both escorts shake hands with the men before handing Bergdahl over to them. After leading Bergdahl back to the helicopter, the men pat him down.

The video then shows the helicopter disappearing into the sky, and closes with a superimposed message — misspelled and uncapitalized, but clear: “Don’ come back to afghanistan.”

Photo via AFP

General Dempsey: Army May Still Pursue Desertion Charge For Bergdahl

General Dempsey: Army May Still Pursue Desertion Charge For Bergdahl

By David Zucchino, Los Angeles Times

The Army may consider pursuing an investigation of possible charges of desertion or other violations by Sergeant Bowe Bergdahl, who was freed Saturday after nearly five years in Taliban custody, the chairman of the Joint Chiefs of Staff said Tuesday.

Army General Martin Dempsey noted that U.S. military leaders “have been accused of looking away from misconduct.” Dempsey said that was “premature” in the case of Bergdahl, who has been accused of desertion by former members of his unit in Afghanistan for abandoning his post during a combat deployment.

The remarks, in a telephone interview with The Associated Press, were Dempsey’s first public comment on Bergdahl since he was freed Saturday in exchange for the transfer to Qatar of five Taliban commanders held at the U.S. prison at Guantanamo Bay, Cuba.

In a separate posting on Facebook, Dempsey said of Bergdahl: “Like any American, he is innocent until proven guilty. Our Army’s leaders will not look away from misconduct if it occurred.”

Any decision on disciplinary measures will be up to the Army, Dempsey said in the interview. He said he does not want to prejudge Bergdahl or say anything that might influence Army commanders.

In the Facebook post, Dempsey said in response to “those of you interested in my personal judgments about the recovery of Sergeant Bowe Bergdahl, the questions about this particular soldier’s conduct are separate from our effort to recover ANY U.S. service member in enemy captivity.”

He added: “This was likely the last, best opportunity to free him.”

Several members of Congress have criticized the prisoner swap, described as a “transfer” by the Obama administration. Critics said the administration caved in to Taliban demands and raised the ransom price for any future U.S. service member captured by insurgents, and also failed to properly notify Congress of prisoner releases.

Dempsey said he had not spoken to Bergdahl or his parents since the soldier’s release. The military is expected to learn more about the circumstances of Bergdahl’s disappearance and captivity by questioning him.

He is undergoing evaluation at a U.S. military hospital in Landstuhl, Germany, and has not had direct contact with his parents in Idaho.

Bergdahl, 28, left a small observation post in eastern Afghanistan in the early-morning hours of June 30, 2009, without informing anyone, three former members of his 30-man platoon said in interviews Monday. In his one-man tent, they said, they found Berghdahl’s rifle, helmet, body armor, night-vision goggles and other gear neatly stacked.

The former soldiers said Bergdahl had expressed disillusionment with the way the Army was conducting the U.S. combat mission in Afghanistan and had made off-hand comments about walking into the mountains or walking to India.

Calling Bergdahl a deserter, the soldiers said he should be held accountable for possible violations of the Uniform Code of Military Justice. They contended that several U.S. service members died in direct or indirect connection with the massive 90-day search for the missing sergeant.

The Pentagon has not confirmed that any deaths were related to the search for Bergdahl.

In the Facebook post, Dempsey said: “I want to thank those who for almost five years worked to find him, prepared to rescue him, and ultimately put themselves at risk to recover him.”

Dempsey said in the interview that Bergdahl, a private, who was promoted to sergeant during his captivity, will no longer be automatically promoted to staff sergeant because he is now free.

Soldiers missing in action are normally promoted on the same schedule as their peers. But for Bergdahl, “his status has now changed, and therefore the requirements for promotion are more consistent with normal duty status,” Dempsey said.

Bergdahl could face court-martial if the Army uncovers sufficient evidence of desertion, said Eugene Fidell, who teaches military law at Yale Law School. The Army might also decide to separate Bergdahl from the service through administrative procedures.

Any physical or psychological trauma could make Bergdahl unfit for continued service, Fidell said. If so, the Army would likely begin the process of arranging for retirement, medical care and other benefits.

Photo via AFP