This Navy SEAL was wounded during the frantic search for Bowe Bergdahl
On June 21, a former Navy SEAL testified that his military career ended when he was shot in the leg during a hastily planned mission to find Army Sgt. Bowe Bergdahl after the soldier left his post in Afghanistan.
Retired Senior Chief Petty Officer James Hatch told the judge that his team had about 90 minutes to plan their mission and board helicopters after receiving information about Bergdahl’s purported whereabouts shortly after he disappeared in 2009. While pursuing enemy fighters on foot, Hatch was hit by fire from an AK-47. Hatch says he survived because members of his team quickly applied a tourniquet while waiting for a medical helicopter.
“They saved me from bleeding to death for sure,” he testified during the pretrial hearing. Hatch, who entered the courtroom with a service dog and a limp, said he’s had 18 surgeries because of the wound.
Also on June 21, the military judge told defense attorneys they can ask potential military jurors about President Donald Trump on a lengthy written questionnaire. Defense lawyers have argued Trump’s criticism of Bergdahl will prevent him from getting a fair trial on charges of desertion and misbehavior before the enemy.
Prosecutors want to use the injuries to Hatch and others as evidence during sentencing if Bergdahl is convicted. The judge, Col. Jeffery Nance, already ruled that the injury evidence can’t be used during the guilt-or-innocence phase of the trial scheduled for October.
A legal scholar not involved in the case, Eric Carpenter, said the decision on the injuries could be pivotal.
“This evidence has already been excluded from the guilt phase of the trial, and if it is excluded during the sentencing phase, the heart of the government’s case will be gone,” said Carpenter, a former Army lawyer who teaches law at Florida International University. “This might make the government more receptive to a deal.”
Defense attorney Eugene Fidell declined to say after the hearing whether his client is interested in a plea bargain.
The topic also came up during the hearing. Defense attorneys asked the judge to rule that any alleged desertion ended when Bergdahl was captured by the Taliban hours after he left the remote post. They say the determination is needed so they can advise their client on how to plead to the desertion charge.
“We need to know so we can tell Sgt. Bergdahl what the consequences are,” Fidell told the judge, Col. Jeffery R. Nance.
Nance responded that Bergdahl can choose to plead guilty to the lesser offense of unauthorized absence, or AWOL, but that prosecutors could continue pursuing the more serious desertion charge if they weren’t satisfied. The judge said he would rule later on the defense’s arguments about the duration of Bergdahl’s absence.
The judge also said he would rule later on a motion to dismiss the misbehavior-before-the-enemy charge, which could land Bergdahl in prison for life. Defense attorneys say prosecutors chose the wrong building blocks for the offense because the actions cited in the charge wouldn’t be independently criminal, an argument that prosecutors dispute.
Later in the hearing, Nance said he would allow the defense to probe potential jurors’ feelings about Trump in a questionnaire being sent in the coming weeks. Prosecutors have objected to 17 of the approximately 40 questions, including ones asking how prospective panel members voted in the presidential election.
“I’m going to let you ask pretty much all the questions, but with some changes to address the government’s concerns,” Nance said.
Nance asked for further written arguments before the questionnaire is finalized. The judge previously said he would allow the defense wide leeway to question potential jurors, even though he rejected a motion to dismiss the case over Trump’s comments entirely in a February ruling.
Bergdahl left his remote post in Afghanistan in 2009 and was subsequently held by the Taliban and its allies for about five years. The military probe of Bergdahl began soon after he was freed from captivity on May 31, 2014 in exchange for five Taliban prisoners. Former President Barack Obama was criticized by Republicans who claimed he jeopardized the nation’s security with the trade.
Bergdahl, who has been assigned to desk duty at a Texas Army base, has said he walked off his post to cause alarm and draw attention to what he saw as problems with his unit.
This is what John McCain thinks of the VA's Veterans CARE Act proposal
US Senator John McCain today applauded the Department of Veterans Affairs' proposed CARE Act, which bolsters the Veterans Choice Program.
This is the Russian super torpedo that could sink the US Navy
The Russian navy’s decline in major surface combatants and nuclear submarines is balanced by their advances in other areas, like this crazy-fast torpedo.
These are the heroic Marines that respond to plane crashes
The requirements to become a Marine Corps Aircraft Rescue and Firefighting Specialist are mental and physical, and the training is intense.
That time a soldier grappled a suicide-bomber and lived
"It was either going to be me or 20 other people back there," Staff Sgt. Jason Fetty realized as he attacked the suicide-bomber moments before the blast.
This is why car bombs are a terrorist go-to
Responsible for two of the three deadliest terrorist attacks against Americans in history, car bombs are tailor made to mess with your mind.
This is the latest version of the M9 service pistol
The M9A3 offers a bigger magazine, a user-friendly grip, and a host of improvements based on lessons learned from over three decades of service.
This is what the DoD has planned for a zombie apocalypse
It does touch on many of the pop culture elements of zombie lore, but it breaks things down to become applicable to most situations that would similar to an actual outbreak.
Some dirtbags messed with an Iwo Jima memorial — and Marines caught 'em on film
Officials say an Iwo Jima memorial in Fall River was doused with the contents of a fire extinguisher last weekend. Police are investigating
Vets are going to get a new ID card, and they'll be ready for use next month
The new identification card will provide employers looking to hire veterans with an easier way to verify an employee's military service.