Fox News was the one originally reporting the fabrication of anyone claiming Bergdahl "joined the enemy". The fact is he never did.
The fact is that I never said
"that he joined the enemy".
You do not have to "Join the Enemy" in order to be a deserter or for misbehaviour before the enemy charges.
From CNN:
http://www.cnn.com/2017/10/16/politics/bowe-bergdahl-guilty-plea/index.html
Fort Bragg, North Carolina (CNN)US Army Sgt. Bowe Bergdahl could spend the rest of his life behind bars after
he pleaded guilty Monday to desertion and misbehavior before the enemy.
I don't think this warrants the death penalty, but I do have the opinion that he was let off too lightly by a long shot. The sentence handed out was a travesty of justice and a slap in the face to every service member that has ever served and particularly to those that he was serving with in his unit.
From Here:
http://military.findlaw.com/criminal-law/failure-to-report-for-duty-awol-and-other-charges.html
The below is what he plead guilty too.
Desertion
Desertion is similar to AWOL in that it involves a military service member's failure to report for duty—or more specifically,
the act of leaving one's assigned post.
Desertion typically involves the intent to leave one's unit or place of duty permanently, but an offender who is AWOL for 30 days automatically is considered to have deserted his or her post (without proof of intent). An example would be a service member deployed in a foreign war leaving his post after informing his commanding officer that he no longer wants to serve.
The Manual for Courts-Martial identifies the following types of desertion (including the elements of each):
1.
Desertion with intent to remain away permanently
- The accused left his or her unit, organization, or place of duty;
- The absence was without authority;
- At some time during the absence, the accused intended to remain away from his or her unit, organization, or place of duty; and
- The accused remained absent until the date alleged; or was apprehended.
2.
Desertion with intent to avoid hazardous duty or important service
- The accused quit his or her unit, organization, or place of duty;
- Did so with the intent to avoid a certain duty or service;
- The duty or service to be performed was hazardous or particularly important;
- The accused knew the duty or service was required; and
- Remained absent until the date alleged.
3.
Desertion before notice of acceptance of resignation
- The accused was a commissioned officer and had tendered his or her resignation;
- Before receiving notice of acceptance of resignation, the accused quit his or her duties;
- Did so with the intent to remain away permanently; and
- Remained absent until the date alleged; or was apprehended.
Attempted desertion also is charged as a military crime, as long as the attempt went beyond mere preparation. Desertion carries a maximum punishment of dishonorable discharge, forfeiture of all pay, and confinement of five years. For desertion during a time of war, however, the death penalty may be applied (at the discretion of the court-martial).
From Here:
https://www.law.cornell.edu/uscode/text/10/899'
Misbehaviour Before The Enemy:
Any member of the
armed forces who before or in the presence of the enemy—
(1)
runs away;
(2)
shamefully abandons, surrenders, or delivers up any command, unit, place, or
military property which it is his duty to defend;
(3)
through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or
military property;
(4) casts away his arms or ammunition;
(5)
is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7)
causes false alarms in any command, unit, or place under control of the
armed forces;
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the
armed forces belonging to the
United States or their allies when engaged in battle;
shall be punished by death or such other punishment as a court-martial may direct.
(Aug. 10, 1956, ch. 1041,
70A Stat. 69.)
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