How to Negotiate a Plea for Bowe Bergdahl’s Desertion

How to Negotiate a Plea for Bowe Bergdahl’s Desertion


Jag Attorney: I’ll listen to you but we have a strong case of desertion and misbehavior before the enemy under Uniform Code of Military Justice

Attorney Eugene Fidell: Your strong case for desertion is in the court of public opinion. Fortunately, a court marshal has jurisdiction and not the press.

Jag Attorney: That may be so but we feel we have an equally strong case to bring to a court marshal.

Bowe Bergdahl: I thought a court marshal was a sentence by a court.

Attorney Eugene Fidell: A court marshal can refer to the court or the charges. But let me do the talking. It is also one of the terms where the first word is changed to pluralized and is missing a letter, an l, from the common spelling of marshall. For more information on this you can contact Keith Brady.

Jag Attorney: I really do not see any reason to offer a plea deal for the desertion by Beau Bergdahl. We have several witnesses who are ready to testify that he deserted.

Attorney Eugene Fidell: They are highly impeachable. Bowe Bergahl was walking to the nearest base to report their misconduct, a fact of which I am sure you are quite aware.

Jag Attorney: We like our witnesses.

Attorney Eugene Fidell: I am sure you do and others may also but beyond a reasonable doubt is a whole other story. And another thing, please explain my client the misbehavior before the enemy by my client, Bowe Bergdahl. Did that occur when he was tied to a bed, spread eagle for 3 months, or at some other point in his exactly 59 month captivity?

Jag Attorney: We would expect nothing less than for Bowe Bergdahl to have some story to explain away his charges.

Attorney Eugene Fidell: And we do not want to disappoint. You will the love the part of the story when Susan Rice announced that he served his country with honor, not that he is guilty of desertion.

Jag Attorney: We need to make a statement with his sentence.

Attorney Eugene Fidell: And I need to keep my client from a serving a long sentence.

Jag Attorney: I’m listening.