Bergdahl lawyers rip gov't case, dispute most serious charge
RALEIGH, N.C. (AP) — Lawyers for Army Sgt. Bowe Bergdahl are seeking to limit the severity of punishments he could face through new arguments attacking the structure of accusations that he endangered comrades by walking off his post.
Another motion argues that his capture by the Taliban prevented him from returning to his comrades during the period when he's accused of the separate charge of desertion.
A legal scholar not involved in the case, Eric Carpenter, said defense attorneys could have a tough time convincing the judge of those arguments, but a favorable ruling on either could help steer the case away from harsher punishments.
Prosecutors argue that Bergdahl's decision to walk into territory rife with enemies led to his capture, so his period of desertion extends through his captivity.
Defense lawyers are also seeking to dismiss the separate charge of misbehavior before the enemy, arguing that his alleged misconduct doesn't rise to the level of the offense that could land him in prison for life.