Bergdahl appeals court-martial

| March 3, 2021

His appeal failing in the court of militaty justice, Bergdahl’s defense now takes it to the Federal bench, doubtless hoping for a SCOTUS hearing.

David sends.

Attorneys allege ‘scandalous meddling’ by political leaders
REBECCA BOONE

BOISE, Idaho (AP) – A former U.S. Army soldier who was court martialed after he left his post in Afghanistan and was captured by the Taliban is asking a federal judge to overturn his military conviction, saying his trial was unduly influenced when former President Donald Trump repeatedly made disparaging comments about him and called for his execution.

Bowe Bergdahl filed the complaint in federal court in Washington, D.C. last month, asking a judge to overturn his court martial conviction. Bergdahl says Trump’s statements and actions by the late U.S. Sen. John McCain and his military judge violated his Fifth Amendment right to a fair trial.

“The scandalous meddling in a specific case by leaders of the political branches — one of whom was Commander in Chief of the armed forces — would never be tolerated if the proceeding had been a criminal prosecution in this or any other federal district court and should not be tolerated in a court-martial,” Bergdahl’s attorneys wrote in the court filing.

Bergdahl was charged with desertion and misbehavior before the enemy after the then-23-year-old from Hailey, Idaho, left his his post in Afghanistan in 2009. The soldier maintained he was trying to get outside his post so he could report what he saw as poor leadership within his unit, but he was abducted by the Taliban and held captive for nearly five years.

I was under the impression that in order to wield undue command influence, one actually had to be in command. Read the entire article here: Fox News

Thanks, David.

Category: "Your Tax Dollars At Work", Army, Guest Link

Comments (54)

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  1. Hate_me says:

    Bullet in the head.

    Elegant simplicity.

  2. Dimes to donuts, the new Fuhrer will reinstate him as a Sgt hard five.

  3. Hack Stone says:

    A Presidential offers an opinion, and it is undue command influence; President Obama says he served with honor and distinction, and that is not undue command influence.Is everyone tracking on that?

  4. Anonymous says:

    He’ll claim court-martial after the Taliban beat his ass every day for five years for being stupid is cruel and unusual punishment.

    • Wireman611 says:

      “Beat” his ass?????

      • rgr769 says:

        I am reasonably certain his ass was involved, but it wasn’t subjected to corporal punishment. He has that Bachi boi grin in that one “prisoner” photo.

        • UpNorth says:

          Yes, he certainly did. And, he looked pretty good for a guy who was “kidnapped” and spent 5 years in “captivity”.

          • rgr769 says:

            I can just envision the Taliban commander in that shit eating grin photo with him considering every evening whether he will bang the new Bachi-boi, Berg-boi, or his favorite female goat. Sometimes it is just best to go with what you know.

  5. Hate_me says:

    Bullet in the head.

    I realize I said this already. I stand by it.

  6. MustangCryppie says:

    He can do his little appeal. Hell, he may even win. But no matter what he does, he is ALWAYS gonna be a scumbag to every vet everywhere in this country. Maybe he and jane Fonda can shack up.

    You better have a waterproof casket, shitbird, cause there’s gonna be a lot of piss raining down on it.

  7. Twist says:

    Correct me if I’m wrong, but didn’t President Trump make those comments before he was even President?

    • AW1Ed says:

      FTA:

      The prisoner swap was criticized by Republicans, and Donald Trump made it a talking point during his presidential campaign. He repeatedly called Bergdahl a “dirty, rotten traitor” during campaign rallies and other events, saying the soldier should be executed or left to die in the desert. At times Trump pretended to shoot an imaginary gun when referring to Bergdahl.

      Explains my comment on the article. Presidential Candidate Trump made those comments from the stump, not President Trump from the Oval Office. As far as McCain’s comments, so what?

      • 5JC says:

        Trump repeated the dirty, rotten, traitor mantra in March 2017, well after he was in office. At that point it was UCI as Trump was a convening authority.

        Doesn’t make what he said untrue though.

        • David says:

          Apparently you think any random remark anywhere is UCI. Did Trump call the judge, notify the judge’s superiors, or otherwise try to influence the court? Is Obama equally as liable for his favorable comments?

          • 5JC says:

            Maybe you don’t understand what UCI is? None of the things you mention are required. Any publix declaration towards the guilt of the accused, even say in front of a formation of soldiers would qualify.

            So far as Obama’s comments go they are irrelevant. UCI only has to do with the violation of the rights of the accused. This is for several reasons that if interested I suggest people brush up on.

            Obama has been guilty of UCI before though. The Sinclair and Garcia cases come to mind off the top of my head. There may be others.

        • NHSparky says:

          As opposed to, say, ACTUAL UCI by former JAG RADM Crawford.

        • USMC Steve says:

          Does not mater. He was not the convening authority on this case. And the actual convening authority as well as the trial judge already said on the record that they didn’t take it to heed or let it influence them.

          • 5JC says:

            It does matter.

            Trump was a superior convening authority and therefore covered directly under regulation. While it is great the trial judge is a stand up guy he wasn’t the only one that could have been effected.

            UCI isn’t anything to mess around with. The military takes it quite seriously. It would be rather ironic if Turdahl walks because of Trump constantly running his mouth about what a bad American he is. It wouldn’t be the first time such a thing has happened, not at all.

  8. Hate_me says:

    Douchebag got a better outcome than OJ (still the best player the Bills ever had).

    If he wants different, I’m ok with that.

  9. Sarge says:

    Can this fucker just get hit by a bus or something?

  10. 26Limabeans says:

    Has he gotten a Covid shot yet?

  11. Sapper3307 says:

    Biden gonna give him two (2) MOH and a week old bagel.

  12. President Elect Toxic Deplorable Racist SAH B Woodman Domestic Violent Extremist says:

    Who’s paying the lawers? Who has the deeeeeep pockets for this time and activity? You know these asses aren’t working “pro bono”. Follow the money.

  13. OWB says:

    Ya play the hand ya got. The defense has nothing, so is making stuff up.

    Really can’t blame them. The president patted his head and rolled out the red carpet for him. Prior to trial. Guess it came as quite a shock to discover that he would still be held accountable for his actions in spite of the obvious feelings of that president.

    Something wrong with a guy who thinks that the actual president’s influence should have kept him from court marshal while the candidate’s opinion carried weight some how. But then, we already knew there was something wrong with the guy.

  14. USMC Steve says:

    He must have gotten himself a mouthpiece who is ignorant of military law, and from the looks of it, regular law as well. There is nothing in the civvy legal system that correlates to supposed illegal command influence, and even if there were, Trump at the time, and McCain at any time, were nowhere in this turd burglar’s chain of command, thus unabie to influence anything related to the trial.

  15. A Proud Infidel®™ says:

    How come he hasn’t “accidentally” fallen up and down a few dozen long staircases by now?

  16. penguinman000 says:

    I would be shocked if SCOTUS actually picked up this case. They only pick 100-150 out of 7,000 a year.

    • AW1 Rod says:

      Given SCOTUS’ recent track record, nothing would surprise me.

    • USMC Steve says:

      And if the last few months have shown, anything Trump related they don’t want to touch. The lack of performance of the nine old pussies on the Potomac is very disappointing. They should all just go home.

  17. SFC D says:

    Idaho must be proud.

    • penguinman000 says:

      What do Bergdahl and a potato have in common? The same ability to critically think.

    • Lurker Curt says:

      I can tell you for damn sure, this little chunk of Idaho is NOT proud.

      I picked up on your sarcasm, but had to say it…

    • Haywire Angel says:

      Not everyone here is. Maybe those refugees from California, Washington state, Oregon, etc. who are trying to change Idaho, but not a majority.

      He deserted and is a traitor. Good men died trying to find this POS. He deserves everything listed in the Hemisphere of Insults; maybe more.

      • SFC D says:

        My Dad was from Boise, we ran from California as fast as we could when he retired from the Air Force in 1970. Didn’t want to change it, loved it just the way it was.

        • Haywire Angel says:

          A majority of new folks coming in truly love the place and want to keep it that way. It’s that 2 Percent rule. Although around the ski resorts, it’s more like 25 percent rule.

          • SFC D says:

            Yeah. About that. Have you seen Teton Valley lately? It became exactly what everyone was afraid of. I can’t even afford to move back there.

            • Haywire Angel says:

              Don’t even think about the Central Mountain area. House and land prices have tripled. $400K for a house that used to cost maybe $180K. All the damn 7,000 sq. homes empty until summer. All the vacation rentals you can want, but few long term.

              I’m leaving the end of the month.

              • SFC D says:

                My dad built a 4 bed 2 bath 2000 sq. ft. house in the valley in 1971, original appraisal was $24,000. Dad passed away in 2003, we sold the house in 2004. $400,000.

  18. President Elect Toxic Deplorable Racist SAH B Woodman Domestic Violent Extremist says:

    Bochi-boi must go home very early every day, while the sun is still above the horizon, and stay indoors until next sunrise. If he were to ever be out after sundown, he’d probably end up like the home security commercials, “anyone found here after dark, will be found here the next morning”.

  19. Green Thumb says:

    He wants those benefits.

    Fuck this guy.

    Next.

  20. John Seabee says:

    Ahem… A hymm for BB: Hymm, Hymm… Phuc Hymm.

  21. USMC Steve says:

    What he fails to realize is that if this court martial is set aside, he can be retried. Double jeopardy would not apply, and in case of a retrial the death penalty could again come into play for his crimes.

  22. 5JC says:

    The big injustice, if this gets overturned is that Turdoll could become eligible for a POW Medal. How does it read? “For voluntarily surrendering his hindquarters to whichever terrorist would take him”.

  23. 11B-Mailclerk says:

    -this- is what happens when some green idiots get involved in Initial Entry Training and deploy those damnfool low-flush toilets.

    Some turds just won’t go away.

  24. 3/10/MED/b says:

    Thanks, AW1Ed.

    3/10/MED/b out

  25. Keepin' It Real says:

    Walk Away