Didn’t the Army just state that there is no pending action against Bergdahl?
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No, they said nothing has been decided yet, but the action could range from no charges to desertion.
My understanding is that the investigation is the beginning of the legal process and not the end. It will determine if there are charges upheld by an Article 32 (grand jury) recommendation.
http://www.freerepublic.com/focus/f-news/1664053/posts
After that is a court martial, and assuming a conviction comes out of that court martial, the accused is then in the sentencing phase.
It’s hard to imagine this not going to a court martial, but unlawful command influence by the president is relevant during the entire process
To me, the place to get Bergdahl out of this would be at the sentencing phase. And finding of “not guilty” would be derided and broadly condemned. There simply is no denying that the man left his post.
At the sentencing, though, they could have a sentence, say that his years in captivity offset that sentence, and then set him free in a matter of days.