The Bowe Bergdahl defense

| November 2, 2017

I’ve been waiting patiently for news out of the Bergdahl sentencing hearing that would indicate that the Army is tired of the BS and has decided on a sentence, but the defense has droned on about poor Bowe. A mental health doctor testified yesterday that Bergdahl suffers from PTSD that he caught before he joined the military from his childhood. His childhood PTSD has been exasperated by his treatment as a POW, according to ABC News;

The doctor also provided insights into Bergdahl’s way of thinking, saying that while he’s intelligent, he is also “naive.”

Morgan compared Bergdahl to a child who jumps into things without thinking about the consequences. Bergdahl wants to do the right thing but doesn’t always know the right way to go about it, Morgan said.

“Once [Bergdahl] gets an idea that makes sense, he wants to do it,” Morgan said, adding later that Bergdahl knew walking off of his Army post “would get him in trouble.”

During his examination, Morgan administered five separate tests on Bergdahl to determine if the soldier was trying to fake a mental illness.

Bergdahl passed every test but one, which Morgan said is designed for civilians — not prisoners of war — and could explain why Bergdahl tested so highly on the probability for malingering, or faking an illness.

“The fact that they don’t see something wrong doesn’t mean there’s not something wrong,” Morgan said.

“People with mental health illness are not dumb,” he added.

The article continues with testimony from a woman who runs a cat rescue shelter in San Antonio. Apparently, while Bergdahl was there, he brought her 24 cats – she calls him the “Cat Whisperer” and offered him a job.

NBC News says that an intelligence agent described Bergdahl as a “Goldmine” of information on the Haqqani network during his debriefing in the days after his release;

Amber Dach, who spent 16 years in military intelligence, was the primary analyst assigned to Bergdahl’s case for the five years after he disappeared. She described how eager he was to help intelligence officials at a hospital in Germany days after he was returned to U.S. authorities. Although his voice was weak and raspy, he helped authorities and even drew diagrams in his downtime to bring to his next debriefing session.

Dach and another official who debriefed Bergdahl testified that his time in Germany was extended partly so he could offer additional time-sensitive intelligence.

“He was very motivated to just download all of the details that he recalled,” Dach testified. “It was a gold mine. It really reshaped the way we did intel collection in the area.”

Bergdahl testified on his own behalf and broke down during his testimony, according to another NBC News link;

In an unexpected move, Army Sgt. Bowe Bergdahl took the stand in his sentencing hearing Monday, breaking down several times and apologizing to those who were wounded while searching for him after he abandoned his post in Afghanistan.

“I was trying to do something good and it turned bad,” Bergdahl said, reading from a statement at the beginning of his testimony. “My words alone can’t relieve the pain. … I think about what I did every day for the last eight years.”

Well, see, here’s the thing – Bergdahl went AWOL. He left his post in the face of the enemy. He caused other people to sacrifice their own well-being because of his actions. He might have been a “gold mine” of intelligence, but only because he walked straight into the arms of the enemy. He may suffer mental issues, but because of his own actions when he consciously left his weapon on his bunk and walked out of his compound and into the arms of the enemy.

He may be contrite about his crimes, but there was malice aforethought, when he sent his personal belongings home to his parents in the days before he walked into the arms of the enemy. His intentions are irrelevant – he didn’t discuss those intentions with his mates, who would have been able to convince him not to walk off his post and into the arms of the enemy.

There are no mitigating circumstances, other than the fact that Bergdahl, the cat whisperer, is a selfish goofball. He deserted his unit in combat because a private first class thought he knew better than his experienced combat leaders. Bergdahl disregarded the harm he would cause to his mates for some sense of superiority.

Category: Army News

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STSC(SW/SS)

A sure fire way to cure his PTSD is execute him.

Stoneledgeman

Ready, Aim, Fire!

CPT11A

I’ll hop in here before Hondo to say that the firing squad is an honorable way to die. A soldier’s death if you will. And Slovik’s death for a similar but lesser crime doesn’t change that.

Hang him.

Graybeard

What if the firing squad gut-shoots him and leaves him there for, say, 24 hours?

Hondo

That would be cruel and unusual, GB. As well as inhuman. It’s something ISIS/ISIL/Daesh/whateverthehellthey’recallingthemselvestoday might do.

Hanging works quickly. And it’s a time-honored way to take care of common criminals who don’t deserve the dignity of a military death by firing squad.

Hondo

Thanks, CPT11A. Concur fully.

desert

You damned right! He “just wanted to do something good and it turned out bad?” What kind of bullshyt is that? You going to tell me he thought going awol to the enemy was doing good? firing squad for the queer little bastard, that will put him out of his misery…and justice for those that were harmed by his bullshyt! imho

Alberich

He may be contrite about his crimes, but there was malice aforethought, when he sent his personal belongings home to his parents in the days before he walked into the arms of the enemy….

Don’t forget the extremely disloyal letter he sent his father also…”The horror that is America is disgusting…The title of U.S. Soldier is just the lie of fools…” He wasn’t prepping a criminal defense then.

And don’t forget–from his interview with General Dahl–what really touched this off. Before his Afghanistan tour, he’d been treated like a “stud” and was planning to qualify for special forces. But he got an Article 15 for doing “dumb joe stuff”…not wearing his armor outside the wire…and that’s when he realized how “disgusting” the Army and his country were.

All his talk afterwards is just that — talk.

Geetwillickers

Since reading your comment, I have been reading through that interview. Changed a lot of my perceptions on the case, and of Bergdahl himself. Dude has a serious superiority complex, as well as a nasty habit of projecting all of his anxieties on to others. I have a lot of other thoughts on his rambling commentary, but its late, typing on this phone is a PITA, and i haven’t really solidified most of them just yet.

Bottom Line: I am not convinced he deserted with the intention of assisting the Taliban, though he sure as hell did accomplish that. But he is batshit crazy, and probably did believe the fairy tale he told himself when he walked off.

*note – I am not a headshrinker, nor do I play one on tv.

Alberich

I congratulate you on having looked the evidence over…and I concur fully on the “superiority complex.” What really hit me was his idea that he was not only special forces material, but that he was too good to go on a regular old combat deployment with lesser mortals…

Unintentionally, of course, he gives you a part of what was really in his mind…he got article 15’d, was disappointed at the likely effect on the awesome SF career he imagined for himself, then deserted.

But what he doesn’t talk so much about is the letter we have all read (extracts were published in Rolling Stone) about how horrible not only the Army, but this country is. That’s what makes him look disloyal, and at least raises the possibility that he really was deserting to the enemy–in a fit of pique.

(I grant it’s difficult to prove that. It’s just suggestive.)

I don’t quite agree on the “batshit crazy.” His diagnosis is schizotypal personality disorder (it’s in his sanity board report on the same website)…per the link that means things like “having trouble forming close personal relationships” and “constant doubts about the loyalty of others”…but not the kind of “crazy” that excuses crimes or even mitigates them.

The really crazy thing is the idea that giving that interview and showing himself to be such a self-satisfied turd was going to help his case. Then again, we haven’t seen the sentence yet…

Hondo

Hmmm. PTSD suffered since childhood, the “good doctor” says?

I assume that means there’s also a record of his being treated for same prior to his US Army enlistment? Or, alternately . . . perhaps there is no such record of treatment or preexisting condition, and the “good doctor” is simply helping the defense grasp at straws in exchange for an expert witness fee?

Alberich

When he washed out of Coast Guard boot camp, the only diagnosis was “adjustment disorder” (basically, “you stressed out at work”). The PTSD didn’t get diagnosed until after he got traded back from his desertion.

That doesn’t mean it wasn’t there but…what’s the doctor relying on? M’sieur Bergdahl’s unsupported word? Most of his tales of torture and derring-do behind enemy lines seem to rely on that selfsame source…

MSG Eric

Adjustment disorder sounds like a case of not being able to handle the military.

In the Army we call it failure to Soldierize. Sometimes you just do a Soldierization recycle to start them over again in Basic or AIT and see if that works. If not, it is an Initial Entry Separation because they weren’t cut out for military regiment.

Alberich

That’s just what happened with Bergdahl in the Coast Guard…entry level separation; then a few years later (and a few years older) he tried again with the Army. And succeeded just fine in basic, and after that.

(I stress that only because of the common defense “talking points” is that “the Army should have known not to recruit him; it’s all their fault.” No, people who grow up a few years often get over the stressing-out, as he seemed to do, and there was no indication of his extreme disloyalty at that time.)

MSG Eric

Yeah, I keep hearing that too. He was “unfit” but its a whatever. Mostly that comes from people who have 0.00001% knowledge of the military (which they get from dirtbags like Manning and Bergdahl and Hollywood and Politicians)

Bill M

“That’s just what happened with Bergdahl in the Coast Guard…entry level separation; then a few years later (and a few years older) he tried again with the Army. And succeeded just fine in basic, and after that.”

In other words, he matured. So people mature early, some later, some never. I don’t have a problem with the Army accepting him.

What I do have a problem with is…”He may be contrite about his crimes, but there was malice aforethought, when he sent his personal belongings home to his parents in the days before he walked into the arms of the enemy….”

This is absolutely true. This wasn’t spur of the moment, hey this seems like a good idea. He meant to do this, planned how to do it, and carried it out. It’s desertion in the face of the enemy. I say “Play stupid games, win stupid prizes.” Sentence him to at least 20 years and get this over with. The current defense blather is just horsesh*t.

Hondo

. . . . The PTSD didn’t get diagnosed until after he got traded back from his desertion.

That doesn’t mean it wasn’t there but…what’s the doctor relying on? M’sieur Bergdahl’s unsupported word?

Precisely my point. A man facing a potential sentence of life in prison has compelling reason to lie through his teeth regarding his motivations, as well as to MSU (make “stuff” up) regarding mitigating factors. If you couple that with a doctor who’s perhaps willing to prostitute his professional ethics for financial or political reasons, well, . . . .

Not saying that’s what’s going on here. But it’s IMO indeed a possibility that the judge should seriously consider, since there’s apparently no other objective or historical evidence to support the diagnosis.

desert

Torture behind enemy lines? LOL, his mooslime boyfriend must have “hugged” him to tight ha ha…

MSG Eric

You mean his muslim parents weren’t wonderful and perfect towards him growing up? But I thought it was such a great religion….

charles w

No shit. The hippy does not fall far from the tree.

David

I keep wondering how hard they had to shop to get that doctor.

Graybeard

Soros keeps a secret list for his useful idiots.

MSG Eric

You can even find doctors these days that will say you’re a woman even if you have a beard and a penis. So yeah, you can find a doctor to say what you want them to about pretty much everything.

OldSoldier54

Yep.

Alberich

P.S. – I’ve been waiting patiently for news out of the Bergdahl sentencing hearing that would indicate that the Army is tired of the BS and has decided on a sentence…

Under modern law, “the Army” has no choice here. The judge has to be left to act independently. And if he cut the defense off or indicated he wasn’t going to listen to them, they’d create another appeal issue to try to cancel Bergdahl’s punishment.

I fear the punishment won’t be anywhere near enough–but at least, at long last, it’s going to happen.

David

Seems to me I recall Jonn saying that one reason the judge was letting this go as long as they wanted to was so no one could claim Bergdahl was denied due process at any point in the proceeding, which could be grounds for appeal in spite of the confession.

Alberich

And Jonn was quite right to say that. Even a satisfying sentence is not so good if the guy just gets released (witness Manning).

Animal

“Once [Bergdahl] gets an idea that makes sense, he wants to do it,”

So is the good doctor saying what Bergdahl did makes sense or it made sense to Bergdahl? He was defecting to the bad guys and it didn’t work out for him.

Mason

I took it to mean that Bergdahl thought at the time that abandoning his post was a good idea.

Kind of like he apparently thought “hey, I’ll join the army!” and did so without a ton of forethought.

Graybeard

Like Danni-boi, Bowe-baby is gonna get his eventually.

Wouldn’t mind participating in a little W2W counseling with either of them, frankly, except I have important things to do.

Hondo

Unfortunately, if the judge does give Bergdahl serious time he’ll serve his sentence at the USDB. Reputedly they do an excellent job there at preventing inmate-on-inmate violence. Thus another inmate “taking care of some unfinished business” in this case almost certainly isn’t going to happen.

Graybeard

Trying to prevent inmate-on-inmate violence (including rape) is a major time-consuming activity for any prison system.

The alternative is to look like the prisons in Mexico, where the inmates run the prison. Not good.

Alberich

And in reality it is “fortunate” that it’s this way. Otherwise, Bergdahl could use his mistreatment in the prison to secure clemency and get out even faster. Then he’d have one more “victim card” to play in his post-prison career as a Celebrity Deserter.

I want him to be a forgotten has-been when he gets out…the later the better.

Graybeard

Will “a forgotten never-was” suffice?

Alberich

Yep!

MSG Eric

You mean as soon as he got back he wanted to give up all kinds of information? Sounds like an effort to get back into the “disgusting US’s” good graces to me.

He’s had years to plan for this return. Everything they did was propaganda, especially after getting the money and GTMO-5 offer.

She can call him a “goldmine” but I’d be curious if the prosecution asked her of that “goldmine”, what actionable intelligence did they use to kill more bad guys? Of the goldmine, what was proven to be true by other sources? How many bad guys did we take out based on his intel? What organizational capabilities did we debilitate because of it? At the least, they can ask Mrs Goldmine to answer “yes” or “no” on those questions. I’d be surprised if there were more than even one Yes.

He can get all the help he needs at Leavenworth I’m sure….

Mason

Also makes one wonder what kind of a “gold mine” of intel he was for the enemy…

E-6 type, 1 ea

You know what else was a gold mine of intel info?

The 5 five Taliban commanders that were exchanged for this jackass. Seriously, screw this guy.

Hondo

Published news reports a couple of years ago indicated we have intel that he likely actively collaborated with his captors. What do you think?

E-6 type, 1 ea

When we were doing our MOB for Afghanistan in 2010, our SERE instructor from big Army talked about the Bergdahl incident. HE flat out told us that everyone at SERE school who had any knowledge of it was very confident he was working extensively with the enemy.

Alberich

What I don’t know, though, is whether any of that is in front of the judge. I suspect details would be classified, so that we shouldn’t know…

If it isn’t in front of the judge, it isn’t going into the sentence.

Mason

It probably isn’t part of the trial. I’d think proving he actively worked with them would be hard. Probably all heresay evidence. Not that I don’t believe it. This guy comes off weasely enough.

Just a large burden of proof for a capital treason case.

MSG Eric

Well the prosecution has his whole platoon at their disposal ready to talk about how much more “activity” they dealt with after he was captured. IED attacks, ambushes, significant actions all went up in their AoR AFTER he disappeared.

They’ve already had personnel who got injured searching for him speak so I’m guessing there are plenty of people ready to step up and speak on that part.

Skyjumper

With Bergdahl’s “Jason Bourne/super hero” mindset, there is no doubt that all of the information he was so eagerly & willingly to share with Ms.Dach & others was of the utmost accurate and detailed possible. /sarc

Question. No mention made of his parents in or near the area during the hearing. Has anyone else read if they were there?

For IDC Sarc’s gratification, here’s a pic of Ms. Dach. 😉

https://www.linkedin.com/in/amber-dach-4707b052

E-6 type, 1 ea

Every app is a dating app if you’re creepy enough.

Bill M

Dang, I’d hit that.

26Limabeans

“I was trying to do something good and it turned bad”

No, you tried to do something bad and succeded.
Now put on this blindfold and shut up.

Ex-PH2

There’s that catch-all phrase for ‘doing stupid things’ – ‘caught the PTSD’.

Don’t we have an inoculation to prevent catching that dreaded disease?

Perry Gaskill

The Cat Whisperer. This is a new one.

Get some cats involved in this thing and it could go just about anywhere…

Graybeard

He’s going for the cat lady sympathy vote.

Poetrooper

Let’s hope the judge secretly hates cats…

Graybeard

…or pseudo “Cat Whisperers”

Ex-PH2

I don’t believe any of that. I think he took cats that he found on the street because their owners let them roam.

Cat whisperer, my fat, chunkybutt Himmie!

E-6 type, 1 ea

According to Google News (which I’ve been refreshing all morning), it looks like the judge is in deliberation, and will open court tomorrow to continue deliberation. No word for sure on when sentencing will be announced.

Sparks

Shoot him.

SFC D

His defenders are working diligently to polish a turd. At the end of the day and after all that work, flushing is still the only viable option. Bye-bye, Bo-Bo.

John D

Rebuttal.

There will be Rebuttal right?

Rebuttal has a nice ring to it in this case.

Alberich

All of that has already happened. The judge is deliberating on sentence. He will deliberate as long as he wants to deliberate, and announce whatever sentence he wants to announce.

OWB

Is it safe to add, “whenever he wants to announce it?”

Alberich

Yep! But most likely it will be tomorrow (Friday). He’s been living with this case a long time, so I guess he’s got a pretty decent grasp of the evidence already, and he’s been a military judge for a very long time, so he’s used to making this kind of decision.

just some feller

Either way, he’s already made his decision; but, he must take some time to make it look appropriate.

timactual

“Morgan compared Bergdahl to a child who jumps into things without thinking about the consequences”

In other words, he was immature. I sure wish that excuse had worked for me. And since when is thinking part of a GIs job description? That’s why God invented NCOs. And Officers. Maybe.

Sapper3307

I would like some information on the first cash exchange for him that failed. The bad guys were handed the truckload of cash and never gave up the traitor.

rgr769

Not to cut too fine a point, Jonn, but Bergboi didn’t just go AWOL, which is not a wrongful specific intent offense; by his own admission, he deserted from a combat outpost. Desertion has the element of specific intent to permanently abandon one’s duties and obligation to the military. Absent Without Leave is merely leaving your assigned duties without permission, even if you plan to return to your unit. For example, you could fail to report for duty because you were locked up in Mexico while on a 3 day pass; or because you ran away to marry your pregnant girlfriend. By his plea, the not-a-real NCO admitted he intended never to return to duty. That is the most important element of desertion.

NHSparky

True dat.

I’ve seen cases of a guy who went UA for 40+ days but was not charged with desertion because he had no intention to be gone permanently.

On the flip side, I saw a guy who left a note in his room saying he’d never come back and was declared a deserter that morning.

Guess who got hammered harder?

rgr769

Wow, Amber Dach testified Bergie was very helpful with information on the Haqqani network. Did anyone testify about how helpful to the enemy Bergboi was with information about his unit and how it operated? I’ll bet not. He likely puked up every bit of info he had to them.

Atkron

Prosecutors are suggesting 14 years, fourteen %*^#ing years, for desertion in the face of the enemy.

AYMFKM?

rgr769

Don’t forget “misbehavior before the enemy,” which is the offense which carries the potential life sentence. I still predict less than 10 years. After all, the judge has to “mitigate” the sentence because of Trump’s comments. Maybe the judge will “mitigate” the sentence down to five years with credit for time served with the Taliban and a general discharge. Too bad the judge won’t consider Susan Rice’s comments that Bergboi served with “honor and distinction” as sentence “aggravating” evidence.

OWB

Can we dream that the judge will mitigate it down to 95 years instead of life? Then maybe give him credit for time served sounds about right.

CM

Lock, load, fire, problem solved. He got men killed, he is a traitor, he worked with people who want/have killed Americans and he deserves no pity and nothing but an end to his existence by the military.

Thunderstixx

^^^^^word^^^^^
Fuck him with a pineapple grenade, pin removed…

Just An Old Dog

I’m afraid everyone here is getting their hopes up. There was a Marine Corporal who pulled close to the same shit Bergdahl did, except he deserted and went to Lebanon to be with his family. They bought him back were ready to try him,, and he took off again. He was caught again.. his sentence ended up being 2 years and 5 days.
Mark my words Bergdahl will get slammed in everything but the prison sentence, and in the end he will actually serve less than 5 years.
If he does get a longer sentence the next Democrat President will commute his sentence. Obungler set the precedence on that.

Green Thumb

To hell with this dude.

RM3(SS)

As long as he gets a DD with some time in the pen I will be happy. Anything less than a Dishonorable and you know he’ll wangle 100% VA bennies.

Alberich

If you’re discharged for desertion, it’s a statutory bar to all VA benefits.

Thunderstixx

For me, there is no punishment strong enough for this puke.
There are numerous families that have had their lives changed in ways that only happened because his selfish little girly-ass decided he was better than everybody else in America and that everybody on Earth should be serving him…
Does that sound like a bunch of #libidiot politicians to you ???
Every lib thinks the Sun rises and sets on them, it’s the only thing they can think that compensates for their serious self loathing that they bring to a fine art.
As a Nurse with numerous assignments at mental health centers, I can guarantee you that liberalism really is a mental defect, it’s not a disease, because a disease can be treated, liberalism cannot be treated, it takes something a lot harsher than instruction from others to finally begin to understand the real nature of humanity…
Something like a mugging or in his case, getting fucked in the ass a few thousand times by the same people that he thought so highly of…

IDC SARC

DD and no brig time.

Veritas Omnia Vincit

Kind of how I said it would play out…I was not going to be surprised at the concept of no jail time…this is one of those things that they would like to be forgotten as quickly as possible…I’m surprised they announced it before 5pm….

Alberich

He’d be easier to forget in prison than out of it, I very much fear.

Jonp

Im stunned

Brown Neck Gaitor

Wow.

Mick

‘Bergdahl dishonorably discharged, no jail time after emotional trial’

http://www.foxnews.com/us/2017/11/03/bergdahl-awaits-sentence-after-days-emotional-testimony.html

‘More than eight years after Army Sgt. Bowe Bergdahl walked off his base in Afghanistan — and unwittingly into the clutches of the Taliban — Bergdahl walked out of a North Carolina courtroom a free man on Friday.

Bergdahl, who pleaded guilty to endangering his comrades, was fined, reduced in rank to E1 and dishonorably discharged — but he received no prison time.

As part of the sentence, Bergdahl will forfeit his pay of $1000 per month for ten months.

[…].’

So this traitorous shitbird now goes free with nothing more than a DD, and it’s off to the TV talk show circuit where he’ll be lauded as a ‘hero’ for having so much ‘courage’ and for surviving his ‘ordeal’, and the multi-million dollar book and movie deals are undoubtedly already in the works.

Un-f*cking-believable. A very bad day indeed for military justice, and this will set a horrible legal precedent in the future.

radar

Un. Fucking. Believable. I feel sick to my stomach.

The name Col. Jeffrey Nance will forever live in infamy.

Alberich

Now let’s hope Mr. Trump doesn’t say too much, for fear they will claim “unlawful command influence” on the general who still has to make a final pronouncement on the sentence. (After Bergdahl’s attorneys get a change to submit clemency matters to him.) They could still get even more relief if he does that.

Graybeard

Damn it.

And damn Bergdahl to eternal hell.