Bergdahl

I'm sure folks get tired of my drivel, but this Bergdahl thing is most bothersome. I read (for hours) the Uniform Code of Military Justice and have copied here certain components. Basically it reads that if a soldier leaves his post during wartime activities he is automatically considered a deserter Simple AWOL is not an option. ( Even if he returns voluntarily, he is a deserter and must stand trial). Paperwork is to be completed and he becomes wanted and subject to arrest by most legal authorities. He is arrested and held in military custody until a Court Martial (not a Summary Court Martial) decides his guilt or innocence - there is no provision to wait and hear the deserter's story before charging him as this administration is doing. Much the same as in civilian criminal law, if several people claim to be eyewitnesses to a crime and identify the culprit, he is arrested and charged with the crime, held until bailed out (the military doesn't have that)
or until trial. The guilt must be proven at that point ( pretty easy with
multiple credible witnesses).
The law doesn't wait to hear his side of the story before arrest. PERIOD!!
Hussein and his administration have spun this mess and usurped the authority of the military in an effort to cover their idiocy. Sadder each day, the antics of this treasonous administration.

From the UCMJ:

If the intent of the absence was to "shirk important duty," such as a combat deployment, then the "intent to remain away permanently" to support a charge of desertion is not necessary. However, Such services as drill, target practice, maneuvers, and practice marches are not ordinarily "important duty." "Important duty" may include such duty as hazardous duty, duty in a combat zone, certain ship deployments, etc. Whether a duty is hazardous or a service is important depends upon the circumstances of the particular case, and is a question of fact for the court-martial to decide. (My note – says goes to Court Martial as the only place for facts. Elsewhere it is stated if one leaves their post during combat, AWOL is no longer considered, it automatically rises to desertion