FORT BRAGG, N.C. — Wearing a dress blue uniform, Sergeant Bowe Bergdahl faced a military judge Tuesday for the first time since the Army decided to proceed with a military trial that could result in a life sentence for his disappearance in Afghanistan in 2009.
Bergdahl, who was held by the Taliban for five years after he walked off a base, was arraigned on charges of desertion and misbehavior before the enemy, a relatively rare charge. If convicted of desertion only, he could get up to five years in prison.
Bergdahl deferred entering a plea and did not decide whether he wants to face a court-martial with a jury or one with just a judge. The next pretrial hearing was scheduled for Jan. 12 before Army Judge Colonel Jeffery R. Nance, who will preside over future hearings.
Bergdahl, 29, of Hailey, Idaho, walked off his post in Afghanistan’s Paktika province on June 30, 2009. He was released in late May 2014 as part of a prisoner swap, in exchange for five detainees in Guantanamo Bay. That prompted harsh criticism, with some in Congress accusing President Obama of jeopardizing the safety of the country with the exchange.
A preliminary hearing officer initially recommended a special court-martial, which is a misdemeanor-level forum. But this month the Army said Bergdahl would face the more serious general court-martial.
While the military typically follows the recommendation from the preliminary hearing, it’s not unheard of for a high-ranking general to make a different decision, said Walter Huffman, a retired major general who was the Army’s top lawyer. He was surprised the more serious general court-martial was chosen, but said the approach will allow the court to thoroughly consider all punishments available.
The charge of misbehavior before the enemy was used hundreds of times during World War II, but scholars say its use appears to have dwindled since then. Legal databases and media accounts turn up only a few misbehavior cases since 2001, when fighting began in Afghanistan, followed by Iraq less than two years later.
Bergdahl hasn’t talked publicly about what happened, but spoke extensively with screenwriter Mark Boal, who shared 25 hours of recorded interviews with Sarah Koenig for her podcast, ‘‘Serial.’’ Bergdahl’s attorney, Eugene Fidell, said politicians are using Bergdahl to push their agendas. The more the public hears Bergdahl’s own words, the better, he has said.
In ‘‘Serial,’’ Bergdahl said he walked off his base to catch the attention of military brass and warn them of serious problems with leadership in his unit.