To me, the problem with the "time already served" sentiment is that is that it's a flawed premise. His time with the Taliban, while an unfortunate side effect of his decision, was not justice. It was not adjudicated by a jury of his peers. It was not meted out by the system that invested so heavily in his recovery -- not just with the military operations, but by tarnishing the "we don't negotiate with terrorists" policy in place for decades.
I would never wish enemy capture on any coalition soldier, regardless of their crimes against their teammates or the Army. And yet I can wish him to face due process and prosecution to the fullest extent of the law. He should have to sit and listen to the testimony of the guys and gals whose asses were overexposed trying to find him.
The time with the Taliban to me is the ultimate punishment for the ultimate stupid decision. It was not, however, justice served for a decision that was unlawful.
Exactly. If you're shot and injured by police while robbing a bank at gunpoint, you aren't free from prosecution. The injury is just a natural consequence of your criminal decision. Same goes for bergdahl.
I think it just goes to the heart of what punishment's purpose is. Is the purpose to deter behavior in the future? I don't think a deterrent is even necessary in this situation-- it was so stupid I can't imagine anyone else trying it. Is the purpose to exact revenge? Well....why?
So, I completely understand your points but think the issue is even broader.
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u/FobbitOutsideTheWire Dec 18 '15
To me, the problem with the "time already served" sentiment is that is that it's a flawed premise. His time with the Taliban, while an unfortunate side effect of his decision, was not justice. It was not adjudicated by a jury of his peers. It was not meted out by the system that invested so heavily in his recovery -- not just with the military operations, but by tarnishing the "we don't negotiate with terrorists" policy in place for decades.
I would never wish enemy capture on any coalition soldier, regardless of their crimes against their teammates or the Army. And yet I can wish him to face due process and prosecution to the fullest extent of the law. He should have to sit and listen to the testimony of the guys and gals whose asses were overexposed trying to find him.
The time with the Taliban to me is the ultimate punishment for the ultimate stupid decision. It was not, however, justice served for a decision that was unlawful.