Sergeant Bowe Bergdahl, a US army soldier who disappeared from his post in Afghanistan in 2009, will be tried in military court for desertion and misbehaviour before the enemy.
Bergdahl was the subject of a controversial prisoner swap in May 2014, when the Obama administration negotiated his release in exchange for five Taliban fighters detained at Guantanamo Bay.
If convicted on both counts, Bergdahl faces a maximum sentence of life in prison.
“Lieutenant Colonel Rosenblatt, Captain Foster and I had hoped the case would not go in this direction,” lead defence attorney Eugene Fidell said in a statement, referring to Bergdahl’s defence team.
“We will continue to defend Sergeant Bergdahl as the case proceeds.”
Bergdahl’s case became a high-profile political football almost as soon as news of his release broke.
Addressing the Republican scrutiny, Fidell said: “We again ask that Donald Trump cease his prejudicial months-long campaign of defamation against our client.”
And referring to an investigation by Congressional Republicans, he said: “We also ask that the House and Senate armed services committees avoid any further statements or actions that prejudice our client’s right to a fair trial.”
Serial
Aside from political controversy, Bergdahl’s case has also entered the popular imagination as the latest subject of Serial, one of the most downloaded podcasts in the world.
In the series, the soldier’s conversations with filmmaker and journalist Mark Boal explore Bergdahl’s rationale for walking alone into the desert unarmed.
Bergdahl was captured upon leaving his post in Afghanistan, and held for five years in brutal conditions.
The announcement that he is to be tried follows an official recommendation not to prosecute Bergdahl .
In September, he was the subject of an Article 29 hearing at Fort Sam Houston in San Antonio, Texas, where he has been stationed since his return to the US.
A military officer who headed an investigation into Bergdahl recommended that the army find a “ non-judicial” remedy to Bergdahl’s case.
At the time, Bergdahl was characterised as an overly-idealistic soldier, who left his base to draw attention to what he saw as deficiencies in leadership.
Bergdahl will travel to Fort Bragg in North Carolina for his arraignment.
No date has been announced for that hearing or a trial.
Guardian service