A military hearing for Army Sgt. Robert "Bowe" Bergdahl began Thursday to determine whether he should face a military tribunal over allegations that he deserted his post in eastern Afghanistan in 2009, which led to his capture by the Taliban.
In March, 29-year-old Bergdahl was charged with one count of desertion and one count of misbehavior before the enemy. If referred to a court martial, he could face a maximum of life in prison, according to ABC News. He could also be dishonorably discharged, have his rank reduced and be made to forfeit all pay, reports The Associated Press.
Legal experts say Bergdahl's lawyers are likely to argue during the Article 32 hearing that being held captive by the Taliban for five years was enough punishment.
The hearing is taking place at Fort Sam Houston in San Antonio, Texas, where Bergdahl has been stationed, but not held in confinement, since being brought back to the U.S. last year after the Obama administration orchestrated a controversial prisoner swap with the Taliban for his return.
Knowing that Bergdahl willfully deserted and planned to renounce his citizenship, the administration still exchanged five of the most dangerous Taliban commanders in U.S. custody for his release, spent $1 million in taxpayer money on his retrieval and sacrificed the lives of six service members looking for him, as HNGN previously reported. The Government Accountability Office sent a legal opinion to Congress saying that the swap was illegal since Congress was not informed 30 days ahead of time.
GOP lawmakers and even some Democrats have called the swap politically motivated and criticized Obama for negotiating with terrorists.
The lead prosecutor in the case, Maj. Margaret Kurz, said Bergdahl showed deliberate disregard for his unit by leaving his post and was "intending to draw attention to himself," according to ABC News. "Under the cover of darkness, he snuck off the post," Kurz said.
Bergdahl's attorney, Eugene Fidell, cited an Army investigation that concluded that Bergdahl left his post, but not the Army. Further, his "specific intent was to bring what he thought were disturbing circumstances to the attention of the nearest general officer," the investigation determined, according to AP.
A decision is expected in a few weeks, according to NPR.
