[JURIST] The US military on Wednesday charged [official website] former prisoner of war and Army Sgt. Bowe Bergdahl with “desertion with intent to shirk important or hazardous duty” and “misbehavior before the enemy by endangering the safety of a command, unit, or place.” If convicted, Bergdahl could be demoted, dishonorably discharged, and/or imprisoned. The case has been referred to an Article 32 preliminary hearing to determine whether the case will proceed to a general court-martial. Gen. Mark Milley, head of US Army Forces Command [official website] was in charge of investigating the circumstances of Bergdahl’s capture and with handing down the decision to charge him. Bergdahl’s lawyer, Eugene Fidell, released a statement on Wednesday defending Bergdahl and describing the torture he experienced by being chained to a bed or locked in a cage for several months in total isolation and darkness. Fidell added that “it would be unduly harsh to impose on him the lifetime stigma of a court-martial conviction or other honorable discharge and to deny him veterans benefits.” Fidell also referred to Bergdahl’s letter [CNN report] that he sent to Milley earlier this month in mentioning that Bergdahl was frequently beaten and forced to watch Taliban videos. He had no understanding of what time it was and he tried to escape several times but failed.

Bergdahl was captured by Haqqani Network [CNN backgrounder] insurgents in June 2009 and was imprisoned for nearly five years in eastern Afghanistan. Last year Bergdahl was exchanged [JURIST report] for five Taliban members who were held prisoner at the Guantanamo Bay detention complex. Republicans, especially Senator John McCain, in the US Senate and House of Representatives [official websites] criticized the exchange, which had been conducted in violation of a law [JURIST report] requiring the president to notify Congress 30 days before any terrorists are transferred from Guantanamo. In the time he was gone, Bergdahl appeared in six videos [advocacy website] released by the Taliban, the only indication that he was still alive.