NAME:______Hour:______
Warm up questions
1. Why do you think military forces take prisoners of war? Why don’t they just kill them?2. Which parts of the government are involved in military decisions?
3. What is the Taliban? What are some of the beliefs of Taliban members? Why does the United States label the Taliban as a terrorist organization? Do you think Taliban members think of themselves as terrorists?
First Impressions:
During the video-clip, jot down single words or brief phrases of ideas or information you believe are important to remember… / Shared Impressions:
Share your list of “first impressions” with a partner, explaining why you noted particular ideas or information….From this discussion, add ideas or additional important information here.
Discussion questions
1. Do you think that the prisoner swap was good for the United Statesoverall? Why or why not?-Sgt. Bowe Bergdahl’s former team leader in Afghanistan reported: “(He )walked away. He walked right off the base. The fact of the matter is, is, he deserted us, in the middle of Afghanistan, to go and find the Taliban.”
2. If that statement is true, should the U.S. still have traded five of our prisoners of war for Bergdahl? Why or why not?
Clip 2 Impression
Liberal Moderate Conservative
/ Clip 3 Impression
Liberal Moderate Conservative
Clip 4 Impression
Liberal Moderate Conservative
/ Clip 5 Impression
Liberal Moderate Conservative
Congressional Hearing Impression
Lasting Impressions:
In a complete paragraph, summarize what you have learned from the video-clips.
Writing Prompts
1. Imagine that you are a U.S. soldier fighting far from home. You are the leader of your platoon and it is your responsibility to keep your company safe. You believe that one of your soldiers walked off the base on his own accord to search for the Taliban. Leadership in the military and the president himself has asked you to help recover this solider, but you know that the rescue attempt may cost other soldiers their lives. Do you comply with the request of the president and your superior officers, or do you try to convince them not to go after this soldier? Explain your answer.Answer:
2. Try to put yourself in the shoes of a military team leader deployed to Afghanistan. You take your role very seriously and believe that the safety of your troops is paramount. You believe that one of your soldiers walked off the base on his own accord to search for the Taliban. Leadership in the military and the president himself has asked you to help recover this solider, but you know that the rescue attempt may cost other soldiers their lives. Do you comply with the request of the president and your superior officers, or do you try to convince them not to go after this soldier? Explain your answer.
Answer:
25March15
Washington (CNN)UPDATE 2:08 p.m. - Army Sgt. Bowe Bergdahl will be charged with desertion and misbehavior before the enemy, according to Bergdahl's attorney and a Congressional source.
UPDATE 1:52 p.m. - The U.S. military said Wednesday that it will make an announcement on the Bergdahl case at 3:30 EDT from Fort Bragg.
It's been nearly a year since Sgt. Bowe Bergdahl returned to the United States as part of a prisoner exchange and since the Army began a formal investigation into his disappearance from his unit. Yet the Army still hasn't made public its findings and, with them, what discipline -- if any -- Bergdahl will face for leaving his base in eastern Afghanistan in June 2009.
Where does the investigation stand?
A senior defense official told CNN in late January that a decision on whether to charge Bergdahl -- and what those charges would be -- could come "very soon, imminently." But no decision has been announced.
The Army concluded its investigation into the circumstances of Bergdahl's capture in December. Since then, it has been in the hands of Gen. Mark Milley, head of U.S. Army Forces Command, who will decide what to do.
Several U.S. military officials CNN has spoken with suggested privately that the process is taking longer than expected.
What are the options for disciplining him?
Officials say Milley only has a few choices. Doing nothing does not seem to be one of them. The sense is that Bergdahl must be held accountable for his actions. But there also appears to be little appetite for a lengthy term in military confinement given the five years Bergdahl was held by the Taliban.
READ: Oficials: Detainee swapped for Bergdahl suspected of militant activities
If Milley decides to send the case to a courts-martial, he is required to have the evidence in hand to support the charges that would be filed. That could be difficult: Some members of Bergdahl's unit have left the Army and would have to be subpoenaed to testify. The Army also promoted Bergdahl during captivity, something a defense counsel might use to challenge evidence Berghdahl was a poor soldier. National Security Adviser Susan Rice said last June that Bergdahl "served the United States with honor and distinction."
Other disciplinary options that would keep Bergdahl out of a military court include docking his pay and reducing his rank.
What were the circumstances surrounding his capture?
Bergdahl, who's now 28, was taken by the Haqqani terrorist network. But the circumstances of Bergdahl's departure from his base and how willingly he left have not been clear.
READ: Bowe Bergdahl returns home -- to a long road ahead
Some members of Bergdahl's platoon have criticized him, labeling Bergdahl a deserter.
"I was pissed off then, and I am even more so now with everything going on," former Sgt. Matt Vierkant, a member of Bergdahl's platoon when he went missing on June 30, 2009, told CNN last year. "Bowe Bergdahl deserted during a time of war, and his fellow Americans lost their lives searching for him."
What has he done since he returned to the United States?
Bergdahl was freed in May when President Barack Obama agreed to swap five Taliban prisoners who had been detained in Guantanamo Bay to secure Bergdahl's freedom, sending those detainees to Qatar.
Obama announced Bergdahl's release to fanfare in the White House Rose Garden, flanked by the Army sergeant's parents, Bob and Jani Bergdahl. His hometown of Hailey, Idaho, had planned a parade to celebrate Bergdahl's homecoming but later canceled that celebration amid security concerns stemming from the unanswered questions surrounding his disappearance and the resulting controversy over his release.
Bergdahl has remained on active duty at an administrative job at Fort Sam Houston in San Antonio, Texas. There, the Army assigned Bergdahl a "sponsor" to help him adjust to life in his new post. Upon returning, Bergdahl refused to meet with his parents -- and months later, Army officials said he was communicating with them but still had not met them face to face.
What about the Taliban figures he was swapped for?
The five figures the United States exchanged to secure Bergdahl's release were Khair Ulla Said Wali Khairkhwa, Mullah Mohammad Fazl, Mullah Norullah Nori, Abdul Haq Wasiq and Mohammad Nabi Omari. They were mostly mid- to high-level officials in the Taliban regime and had been detained early in the war in Afghanistan because of their positions within the Taliban, not because of ties to al Qaeda.
The detainee swap for Bergdahl has become increasingly controversial in recent weeks after a report published by the office of Director of National Intelligence James Clapper said one of the 17 intelligence agencies operating under its umbrella had judged that a prisoner released in the exchange had since contacted the Taliban. The families of other U.S. hostages taken by terror groups have complained that the Bergdahl swap also suggested there's a price American leaders are willing to pay in exchange for the safe return of U.S. citizens.
Bergdahl charges revive questions over prisoner swap
Posted: Thu 11:06 AM, Mar 26, 2015
Bergdahl's case now goes to an Article 32 hearing, a procedure that is similar to a grand jury. No date has been set for the hearing, which will be held at Fort Sam Houston, Texas.
------Uniform Code of Military Justice (UCMJ)ART. 32. INVESTIGATION
(a) No charge or specification may be referred to a general court-martial for trial until a through and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
(d) The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error.
Sentencing Proceeding: If, however, you are found guilty of any offense,the case proceeds immediately to the issue of sentencing. This is different from most civilian courts, where sentencing is delayed several weeks pending the completion of a presentencing report. In military cases, there is no presentencing report. Rather the prosecution and defense are expected to be prepared for this possibility and be ready to present evidence about you and the offense. At the sentencing proceeding, our goal is to present the very best case for you in order to receive the most lenient sentence. Again, this is where an experienced defense counsel can really help by packaging a sentencing case that is persuasive to the military judge or panel.
Sentencing evidence includes the impact of the crime (both on a victim, and on a unit’s discipline and morale), your duty performance history, and extenuating or mitigating circumstances surrounding the offense. In addition to us calling witnesses, the government may also call witnesses. The government usually calls a witness from the unit to talk about impact on the mission. After the witnesses testify, you will be given an opportunity to testify on your own behalf. You can testify under oath or you may give an unsworn statement. If you testify under oath, the government and the military judge may ask you questions. If you testify by giving an unsworn statement, then the government and military judge may not ask you questions.