Presiding officer calls for light punishment for Sgt. Bowe Bergdahl

Reporting from AUSTIN, Texas —  An Army officer is recommending that Sgt. Bowe Bergdahl face a lower-level court-martial and be spared the possibility of jail time for leaving his post in Afghanistan, his lawyer said Saturday.

Defense attorney Eugene Fidell said Lt. Col. Mark Visger has decided Bergdahl’s case should go to a military system similar to civilian courts that handle misdemeanor charges. It limits the maximum punishment to reduction of rank, a bad-conduct discharge and a short jail term, though that isn’t being sought, Fidell said.

Military prosecutors charged Bergdahl in March with desertion and misbehavior before the enemy, a charge that could carry a maximum penalty of life imprisonment.

Bergdahl was captured by the Taliban after leaving his post on June 30, 2009, and held until last year, when he was exchanged for five Taliban commanders. His commanding officers in Afghanistan say a 45-day search for Bergdahl put soldiers in danger.

The Obama administration’s prisoner swap was sharply criticized by many Republicans and some Democrats, who said it was politically motivated and counter to the U.S. policy against negotiating with terrorists.

Republican presidential front-runner Donald Trump said Thursday that Bergdahl should have been executed for leaving his post and called him a “no-good traitor,” which he also said in August.

Paul Boyce, a spokesman for the U.S. Army Forces Command, released a statement Saturday that didn’t confirm Visger’s decision.

Visger presided over last month’s Article 32 hearing in Texas that reviewed evidence against Bergdahl. Visger submitted a report with his recommendation on Monday, but the Army hadn’t said what he recommended.

Gen. Robert Abrams, the commanding general of the Army Forces Command, will ultimately decide whether the case should be referred to a court-martial.

“These are highly discretionary matters and, needless to say, I hope Gen. Abrams does the right thing, but it’s his call,” Fidell said by phone Saturday.