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ByDebRiechmann The Associated Press WASHINGTON Army Sgt. Bowe Bergdahl, who was held captive by the Taliban for five years and freed in exchange for five detain- ees in Guantanamo Bay, will face charges of deser- tion and misbehavior be- fore the enemy in a general court-martial, the Army an- nounced on Monday. If convicted, Bergdahl could get life in prison on the misbehavior charge and up to five years for deser- tion. He also could be dis- honorably discharged, re- duced in rank and made to forfeit all pay. Bergdahl, 29, of Hailey, Idaho, walked off his post in eastern Afghanistan's Paktika province on June 30, 2009. He was released in the prisoner swap in late May 2014 that touched off a firestorm of criticism, with some in Congress accusing President Barack Obama of jeopardizing the safety of a nation for a deserter. A date for an arraign- ment hearing at Fort Bragg, North Carolina, will be an- nounced later. Bergdahl's attorney, Eu- gene Fidell, said the con- vening authority — a high- ranking officer charged with deciding whether ev- idence warrants a court- martial — did not follow the advice of a preliminary hearing offi- cer. Lt. Col. Mark Vis- ger had rec- ommended that Bergda- hl's case be referred to a special court martial, which is a misdemeanor-level fo- rum. That limits the maxi- mum punishment to reduc- tion in rank, a bad-conduct discharge and a term of up to a year in prison. The U.S. Army Forces Command charged Berg- dahl on March 25 with "de- sertion with intent to shirk important or hazardous duty" and "misbehavior be- fore the enemy by endan- gering the safety of a com- mand, unit or place." Misbehavior before the enemy was used hundreds of times during World War II, but scholars say its use appears to have dwindled in conflicts since then. Le- gal databases and media ac- counts turn up only a few misbehavior cases since 2001 when fighting began in Afghanistan, followed by Iraq less than two years later. By contrast, statistics show the U.S. Army prose- cuted about 1,900 desertion cases between 2001 and the end of 2014. Fidell has argued his cli- ent is being charged twice for the same action, saying in a previous television in- terview that "it's unfortu- nate that someone got cre- ative in drafting the charge sheet and figured out two ways to charge the same thing." Separately, Fidell, a mil- itary justice expert who is also a visiting lecturer at Yale Law School, com- plained about political fig- ures who have made de- rogatory statements about Bergdahl. Bergdahl hasn't spoken publicly about his deci- sion to walk away from his post or his subsequent five- year imprisonment by the Taliban and the prisoner swap in May 2014 that se- cured his return to the United States. But during the past several months, he spoke extensively with screenwriter Mark Boal, who shared about 25 hours of the recorded interviews with Sarah Koenig for her popular podcast, "Serial." Bergdahl says in the in- terviews that he walked off his base to cause a crisis that would catch the attention of military brass. He wanted to warn them about what he be- lieved were serious prob- lems with leadership in his unit. And he wanted to prove himself as a real- life action hero, like some- one out of a movie. HELD BY TALIBAN Be rg da hl t o fa ce d es er ti on ch ar ge i n co ur t- ma rt ia l Bergdahl By Juliet Linderman and Brian Witte The Associated Press BALTIMORE Jurors wres- tled over what "evil motive" means Monday as they de- liberated the fate of the first of six officers to be tried in the death of Freddie Gray, a black man whose neck was broken in a police van, fu- eling the "Black Lives Mat- ter" movement. The panel also puzzled over the meaning of "bad faith" and other terms the judge said they must use to decide whether Officer Wil- liam Porter is guilty of mis- conduct in office, the least of the charges against him. Porter also is accused of manslaughter, assault, and reckless endangerment, and faces up to about 25 years in prison if convicted of them all. The jurors adjourned Monday night without reaching a verdict. The verdict will likely set the tone for the others as well as for the city, still heal- ing from an April riot trig- gered by Gray's death that caused millions of dollars in property damage and exposed the deep divide between the police and the people of Baltimore. Authorities sought to prevent more trouble ahead of the verdict, open- ing an emergency opera- tions center Monday and urging parents to con- trol their children. A let- ter Baltimore City Pub- lic Schools CEO Gregory Thornton sent home with students warned that "stu- dent walkouts, vandalism, civil disorder and any form of violence are not acceptable." "Whatever the verdict, we need everyone in our city to respect the judicial process," Mayor Stephanie Rawlings-Blake said. "We need everyone visiting our city to respect Baltimore." Prosecutors have had to prove criminality by inac- tion — that Porter abused his power by failing to save Gray's life. His defense countered that the case is based on conjecture, and there is no evidence Porter caused Gray's death. Porter testified that Gray showed no signs of pain or distress before he arrived at the police station critically injured. Prosecutors said this was a blatant lie. "Freddie Gray went into the van healthy and he came out of the van dead," prosecutor Janice Bledsoe reminded jurors. The paddy wagon "be- came his casket on wheels" after Porter repeatedly de- nied Gray medical care and left him handcuffed and shackled but unbuck- led, thus unable to keep his body from slamming into the end of the metal com- partment if the van stopped suddenly, Bledsoe said. Gray was arrested while fleeing police in his neigh- borhood, just seven city blocks from the station, yet police stopped the van re- peatedly during a circu- itous trip around West Bal- timore that stretched on for 45 minutes. Prosecutors said the driver, Caesar Goodson, initially stopped because Gray was acting out inside the passenger compart- ment. Officers then bound him more tightly at the wrists, shackled his ankles and laid him on his stom- ach on the floor. He stopped again and officers checked on Gray three more times during the journey. BALTIMORE Jury mulls officer's fate in Gray's death ROBCARR—POOLPHOTO,FILE William Porter, one of six Baltimore city police officers charged in connection to the death of Freddie Gray, arrives at a courthouse for jury selection in his trial in Baltimore. By Josh Lederman The Associated Press WASHINGTON For Presi- dent Barack Obama, many of his victories have been tempered by a harsh re- ality: what he's built up, the next president or a fu- ture Congress could one day tear down. Obama is counting on the global cli- mate accord to be the ex- ception that allows him to leave a lasting imprint on the planet, even as his opponents are working to whittle the deal away. Getting nearly 200 coun- tries to sign a carbon-cut- ting pact seemed a remote possibility just a few years ago, and the agreement reached in Paris marks one ofObama'smostsignificant diplomatic achievements. A capstonetoObama's efforts to curb emissions at home, the pact sets up a perma- nent system for ratchet- ing down pollution that Obama hopes will finally put the world on a path to- ward averting the dooms- day scenario of unchecked global warming. Yet the response may be giving the president a bit of whiplash: Just as he's being collectivelycheeredbyenvi- ronmental groups and for- eignleaders,he'sderidedby opponents at home who say the accord should be sum- marily thrown out despite its support from nearly ev- ery country on the planet. The climate deal was painstakingly constructed to avoid the need for Con- gress to approve it. In a bit of irony, while Obama was pressuring other countries to go bolder, his negotia- tors were pushing back on other nations that wanted to strengthen the deal by making it legally enforce- able. Such a deal, Obama knew, would face certain death in the Republican- run Congress. In fact, the talks almost fell apart at the 11th hour when a final draft used the word "shall" to de- scribe emission-cutting obligations, rather than "should." Secretary of State John Kerry said he told his French counterpart the U.S. would be forced to pull out of the deal Obama has been pushing for years, but a last-minute revision spared that outcome. The revelry at the White House was a marked de- parture from the last ma- jor global climate summit, in 2009, when talks in Co- penhagen failed to yield the sweeping agreement that Obama had been seek- ing. Absent any major U.S. steps to curb emissions, Obama had little leverage or credibility to argue that other countries — particu- larly poorer ones — should cough up their own com- mitments. Negotiators left those talks unsure whether global negotiations would ever yield the type of deal scientists said was needed. Heather Zichal, Obama's top energy and climate adviser until 2013, said Obama deliberately set out to spend the next few years taking concrete steps to cut U.S.emissions,eventhough doingsorequiredside-step- ping Congress. His admin- istration rolled out strict new rules for vehicles and power plants while target- ing emissions of methane, hydrofluorocarbons and other pollutants. "He went to Paris with a completely different game," Zichal said. "He was able to goandsay,'Lookatallofthe thingswe'vedone.'Bringing that to the table, the presi- dent was able to drive up commitmentsandambition from other countries." On climate, Obama sees legacy he hopes to keep PARIS PACT MANISH SWARUP — THE ASSOCIATED PRESS U.S. ambassador to India Richard R. Verma, center, with U.S. mission colleagues, perform a celebratory flash mob to hail the U.S.-India cooperation in the Paris climate agreement in New Delhi, India, on Monday. 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