Bergdahl is facing life in prison after judge allows rare misbehavior charge to proceed by Jonathan Drew on Jun 30, 2017, 12:48 PM Advertisement
 The military judge overseeing Army Sgt. Bowe Bergdahl’s case says prosecutors can try the soldier on a rare charge alleging he endangered comrades by walking off his post in Afghanistan in 2009. The judge, Col. Jeffery Nance, rejected a defense motion on Thursday to dismiss the charge of misbehavior before the enemy, which carries up to a life sentence. Bergdahl also faces a desertion charge, punishable by up to 5 years, at trial in October. Defense lawyers said prosecutors used faulty logic to charge Bergdahl with a crime more serious than his underlying actions. The judge acknowledged that case law is “scarce” because the misbehavior charge is so rarely used, but he said a soldier who leaves his post alone and without authorization should be aware he could face punishment. SEE ALSO: Navy SEAL testifies that his career ended after getting shot while searching for Bowe Bergdahl
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