Will Bergdahl Pull a Lois Lerner?

Sergeant Bergdahl will soon be facing serious and potentially incriminating questions about his Taliban adventure. Article 31 of our Uniform Code of Military Justice (UCMJ) prohibits “coercive self-incrimination” as a right under the Fifth Amendment. Perhaps a “dream team” of ACLU legal eagles is already being assembled to try to keep Bergdahl out of jail. What defense will be mounted will depend on what, if any, charges the Office of the Judge Advocate General believes can be made to stick. Here are some questions that Americans must be wondering about. Whether Bergdahl will provide answers or pull a Lois Lerner instead remains to be seen. 1. Secretary Hagel has characterized you as a “prisoner of war.” A POW is permitted to provide his captors only “name, rank and serial number” information. Did you divulge more than that? 2. It has been reported that you left behind a note for your fellow soldiers giving reasons why you were...(Read Full Post)

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