Judicial Watch Sues DoD Seeking Army’s ‘Initial Report’ On Bergdahl’s Desertion

Judicial Watch has filed a lawsuit to obtain records related to the “initial report” of the U.S. Army’s review of the disappearance of Army Sgt. Bowe Bergdahl. The lawsuit, which was filed on February 11, 2015, in the U.S. District Court for the District of Columbia, charges the Department of Defense (DOD) failed to comply with a FOIA request submitted on October 22, 2014.

The Army announced earlier this week that Bergdahl, who was captured by the Taliban after deserting his post in Afghanistan and then freed five years later in a controversial trade for five Guantanamo detainees, was charged with “Desertion with Intent to Shirk Important or Hazardous Duty” and “Misbehavior Before The Enemy by Endangering the Safety of a Command, Unit or Place.”

However, the results of the Army’s initial investigation was withheld from the public.

“The Obama administration lied and violated the law in releasing five terrorist leaders from captivity in exchange for Bergdahl, and is violating the federal open records law to cover its tracks,” Judicial Watch President Tom Fitton said. “The untoward delay of justice by the Obama Pentagon is unseemly at best, and – as the decision was conveniently delayed well past the November elections – one must wonder if politics trumped military discipline and order among the Pentagon leadership who should know better.”

The nonpartisan Government Accountability Office, an internal government watchdog agency, said in August 2014 that the administration’s failure to notify the relevant congressional committees at least 30 days in advance of the exchange, was a clear violation of the law. The executive branch is prohibited under law from releasing Guantanamo Bay detainees without first giving the aforementioned notice and receiving congressional approval.

“Given [the latest] announcement, we now know why the Obama gang would keep a nearly five-year-old report secret about Bergdahl’s desertion,” Fitton said.

The Judicial Watch lawsuit (Judicial Watch v U.S. Department of Defense (No. 1:15-cv-00212)) requests “any and all records of communications, including by not limited to, emails and text messages, from or to (as either a direct recipient, “Cc” or Bcc”) Secretary of Defense Chuck Hagel, and the following members of the Joint Chiefs of Staff: the Chairman of the Joint Chiefs of Staff; the Military Service Chiefs of the Army, Navy, Air Force and Marine Corps; and the Chief of the National Guard Bureau, regarding, concerning, or related to the ‘initial report’ of the Army’s review of the disappearance of Bowe Bergdahl from his post and his subsequent capture by Taliban forces.”

The time frame of the records requested is from September 1, 2014 to October 28, 2014, which would cover reveal whether Hagel truly felt the president had made the decision based on intelligence suggesting the Bergdahl’s health was deteriorating, as he previously claimed. The narrative, which was pushed after National Security Advisor Susan Rice erroneously claimed Bergdahl “served with honor and distinction,” failed to hold up to further scrutiny.

Dianne Feinstein, D-Calif., then-Senate Intelligence Committee Chairwoman, said in an interview on Bloomberg that there was no “credible threat” against Bergdahl’s life that could have motivated the White House to keep its prisoner exchange plan a secret from Congress. House Speaker Boehner reenforced Fienstein’s claim, saying the Obama administration’s claim “just isn’t true.”

Meanwhile, of the “Taliban Five” — Mohammad Fazl, the former Taliban army chief of staff; Khairullah Khairkhwa, a Taliban intelligence official; Abdul Haq Wasiq, a former Taliban government official; and Norullah Noori and Mohammad Nabi Omari — at least three have attempted to reconnect with their old Islamic terrorist brothers.