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Copyright 2014 by Attorney Carlos Gamino
​What has been a matter of some debate, though, is whether his capture was a direct result of his having abandoned his post and whether he actively sought out the Taliban to join their ranks.

Formal Charges Filed

While this matter is by no means decided, Sgt. Bergdahl has now been charged with desertion and misbehavior before the enemy, this lesser-known charge has a maximum penalty of life imprisonment. This seems to give some weight to some people’s assertion that Sgt. Bergdahl did not, as national security adviser Susan E. Rice had said, “serve with honor and distinction.”

While some may attest that his actions put the lives of his platoon in danger, other people refute that statement. Some hold the opinion that even if Bergdahl did desert his post, he did not endanger lives of his fellow soldiers by doing so.

Politics and the Press

Of course, the entire debate over his actions, captivity and release has been widely politicized in the media. The Obama Administration has been taken to task repeatedly over the exchange of five Taliban detainees for Sgt. Bergdahl’s release. Administration officials have, at least so far, maintained that it was the U.S.’s duty to take all appropriate steps to free Bergdahl—whether or not he voluntarily left his remote base in Afghanistan.

Bergdahl’s defense attorneys have issued a statement saying, “We ask that all Americans continue to withhold judgment until the facts of the case emerge. We also ask that government officials refrain from leaking information or engaging in other conduct that endangers our client’s right to a fair trial.”

It remains to be seen what further political spin will be placed on the story as it develops. Will these formal charges of desertion refuel the debate over whether President Obama overstepped the law in ordering the release of the five Taliban prisoners without Congressional approval?

What do you think? Does Bergdahl’s guilt or innocence affect your opinion on the controversial prisoner exchange? 

Is this case being overly politicized, or is the scrutiny on the Obama Administration justified? Politics aside, do you think Sgt. Bergdahl will be convicted of desertion? I’d love to hear your opinions, so join me on Facebook and share your thoughts.

Carlos Gamino


Bowe Bergdahl - Charged with Desertion - Carlos Gamino
​By Carlos Gamino

The story of Sergeant Bowe Bergdahl is one of the most politically charged in recent history. There’s no doubt that the U.S. Army sergeant went through a terrible ordeal during his captivity. 

News from Attorney Carlos Gamino

Bowe Bergdahl Charged with Desertion

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