A presidential pardon to spare ex-Taliban captive Army Sgt. Bowe Bergdahl from facing a court-martial on charges he deserted and endangered his fellow soldiers appears unlikely in the final weeks of President Barack Obama's tenure, according to experts.
Not only has Obama granted few pardons, the president also has demonstrated no interest in meddling with the military justice system in which Bergdahl has been entangled since his release in May 2014 by insurgents in Afghanistan, several experts on presidential pardons and military law told Stars and Stripes.
Army Sgt. Bowe Bergdahl arrives for a pretrial hearing at Fort Bragg, N.C.
Bergdahl, 30, has admitted to Army investigators that he willingly left his post in eastern Afghanistan in June 2009 and was quickly abducted by Taliban fighters. Last year, the Army charged him with "misbehavior before the enemy by endangering the safety of a command, unit or place" and "desertion with intent to shirk important or hazardous duty." The more serious misbehavior charge carries a potential life sentence, if convicted. His trial is scheduled for April.
But because Bergdahl's court-martial will occur during the administration of President-elect Donald Trump, the soldier's attorneys have petitioned the White House for a pardon. Eugene Fidell, Bergdahl's lead lawyer, has said his client cannot receive a fair trial with Trump as commander in chief after the president-elect criticized Bergdahl on several occasions during the campaign. Trump referred to Bergdahl as a "no-good traitor" at nationally televised rallies and opined that he should have been executed. Fidell said he is preparing, if necessary, to file a motion to dismiss the case on the basis of Trump's comments soon after the Jan. 20 inauguration. Beyond that, Fidell has declined to discuss the pardon request.
Few pardons under Obama