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Desertion and Consequences

AP has an article headlined, "Bergdahl Charged Despite Torture, Attempts to Escape Taliban" (italics added):

Army Sgt. Bowe Bergdahl says he was tortured repeatedly in the five years he was held captive by the Taliban: beaten with a copper cable, chained, held in a cage and threatened with execution after trying to escape.

Bergdahl described his captivity in a note his lawyer made public Thursday after sharing it with the Army in an attempt to avert a court martial.

The Army charged Bergdahl nevertheless on Wednesday, accusing him of desertion and misbehavior before the enemy for leaving his post in Afghanistan in June 2009.
Despite?  Nevertheless?  Is desertion any less desertion because it is followed by bad consequences for the deserter when the enemy he places himself in the hands of turns out to be (surprise, surprise) the enemy?

"Bergdahl's lawyer Eugene Fidell said the sergeant has already suffered more than enough."  Okay, consider that in sentencing, but he is still a deserter, and his military record needs to reflect that.

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