Retired U.S. Army Lt. Col. Tony Shaffer, who made the disputed claim that terror-swap soldier Bowe Bergdahl will be charged with desertion, told
Newsmax TVon Wednesday he is standing by declaration.
"The report done by the investigating officer … concludes there were violations of what we call the punitive articles of the Uniform Code of Military Justice," Shaffer told "The Steve Malzberg Show."
"That there was evidence that Bowe Bergdahl did indeed essentially leave his duty post during time of war … otherwise known as desertion."
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Bergdahl was freed from captivity last year in a Taliban prisoner swap, but questions were soon raised as to whether he had deserted his base in Afghanistan in 2009.
This week, Shaffer as well as NBC News sources reported that Bergdahl will indeed be charged with desertion. Defense officials deny that. Bergdahl's attorney Eugene Fidell, declined to comment.
That's because the official announcement isn't ready yet, according to Shaffer.
"Those charges were actually put together on what we call a statement of charges and given to [Bergdahl's] lawyers, essentially, pending the formal mobilization of a charge," he said.
"The commanding general who now has this, Gen. Milley, has the option as the responsible officer to do anything from basically say, I'm not going to do anything, I'm going to let Bergdahl continue to serve in the military, to taking administrative action.
"[That] basically would be a reduction of a rank to private and kicking him out of the service with an honorable or dishonorable discharge all the way up to and including an Article 15 or court martial, which would be the most severe."
Shaffer repeated his assertion that a desertion is imminent.
"Based on what I've been told is in the report, it would be very difficult for anybody who's rational to come away with any other conclusion other than that Sgt. Bergdahl did violate the Uniform Code of Military Justice by deserting his post during a time of war," he said.
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