U.S. soldier Bowe Bergdahl to face desertion charge in general court martial

Sgt. Bowe Bergdahl, who was held by the Taliban for five years and freed in exchange for five detainees in Guantanamo Bay, will face charges of desertion and misbehaviour before the enemy in a general court martial, instead of a misdemeanor-level forum, the U.S. Army announced Monday.

• U.S. army Sgt. Bowe Bergdahl charged with desertion
• Pentagon broke law in Bowe Bergdahl transfer, U.S. watchdog says
• Bowe Bergdahl returns to regular U.S. army duty

A date for an arraignment hearing at Fort Bragg, N.C., will be announced later.

Bergdahl's attorney, Eugene Fidell, said the convening authority a high-ranking officer charged with deciding whether evidence warrants a court martial did not follow the advice of a preliminary hearing officer.

Lt. Col. Mark Visger had recommended that Bergdahl's case be referred to a special court martial, which is a misdemeanor-level forum. That limits the maximum punishment to reduction in rank, a bad-conduct discharge and a term of up to a year in prison.

Bergdahl walked off his post in eastern Afghanistan's Paktika province on June 30, 2009, and was captured by the Taliban and held for nearly five years.

The U.S. Army Forces Command charged the 29-year-old 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" in March.

Separately, Fidell, a military justice expert who is also a visiting lecturer at Yale Law School, complained about political figures who have made derogatory statements about Bergdahl.

Fidell asked that GOP presidential candidate Donald Trump "cease his prejudicial months-long campaign of defamation against our client." Fidell previously has complained about Trump calling Bergdahl a traitor.

Fidell also asked the House and Senate Armed Services committees to avoid further statements "that prejudice our client's right to a fair trial." The House committee last week issued a 98-page report criticizing the Obama administration's decision to swap five former Taliban leaders for Bergdahl.

Bergdahl hasn't spoken publicly about his decision to walk away from his post or his subsequent five-year imprisonment by the Taliban and the prisoner swap in May 2014 that secured his return to the United States. But during the past several months, he spoke extensively with screenwriter Mark Boal, who shared about 25 hours of the recorded interviews with Sarah Koenig for her popular podcast, "Serial."

Bergdahl says in the interviews that he walked off his base to cause a crisis that would catch the attention of military brass. He wanted to warn them about what he believed were serious problems with leadership in his unit. And he wanted to prove himself as a real-life action hero, like someone out of a movie.

"As a private first-class, nobody is going to listen to me," Bergdahl says in the first episode of the podcast. "No one is going to take me serious that an investigation needs to be put underway."

The official search for Bergdahl lasted 45 days, but the United States spent years trying to determine his whereabouts and bring him home.