I doubt this investigation turns up anything. Its been investigated and no conclusion was able to be made. If suitable evidence wasn't gathered before, how will they get it now? Opinions of those who served with Bergdahl likely won't make the grade as far as "evidence" goes.
Nobody has questioned Bergdahl yet, and that's a pretty big part of the investigation no? I don't know why you think they can't make a conclusion as to how he left his base, in fact they probably already have and they just need to talk to him to confirm it.
I'm not a lawyer so I don't know if it applies in a military hearing, but if Bergdahl were my client and I had legal justification to prevent it, he wouldn't answer any questions. Does the 5th Amendment apply here?
I don't know why you think that would help him.
Because they have investigated his leaving and it was inconclusive. If there is anything in his story that points to desertion, he can't give that up. You suggested that he hadn't been interviewed by investigators yet and that might make the difference. I agree. But it may not be in Bergdahl's best interest to divulge that information if he is not compelled to do so.
he wouldn't have to if he doesn't "take the stand", would he?
I think it's pretty conclusive that he left of his own accord. His best bet is probably to be honest and show some remorse and hope the Army will consider that his 5 years of captivity is punishment enough (probably a safe bet). If he starts stonewalling like he's got something to hide he's gonna get the hammer.
That's pretty much the best he can hope for, and it's probably what the Army would like as well.
I agree. And it might also be why the Army might not really want to know all the facts. They would probably like this to go away just as fast as the administration.
And that might be best served by silence. Last thing they want is Bergdahl telling horror stories and stirring up another Abu Ghraib.
You lose your constitutional rights when you join the military. So he does not have the fifth amendment to use. When they ask him questions, he will have to answer them.
I foresee traumatic memory loss for Sgt. Bergdahl.
It is true. You are no longer under the US Contitution, but under military law.
