Lawyer: Bergdahl to be charged with desertion
CNN reports that Bowe Bergdahl’s lawyer told CNN that he will be charged with desertion and “misbehavior” whatever that means;
UPDATE 2:08 p.m. – Army Sgt. Bowe Bergdahl will be charged with desertion and misbehavior before the enemy, according to Bergdahl’s attorney and a Congressional source.
UPDATE 1:52 p.m. – The U.S. military said Wednesday that it will make an announcement on the Bergdahl case at 3:30 EDT from Fort Bragg.
It’s been nearly a year since Sgt. Bowe Bergdahl returned to the United States as part of a prisoner exchange and since the Army began a formal investigation into his disappearance from his unit. Yet the Army still hasn’t made public its findings and, with them, what discipline — if any — Bergdahl will face for leaving his base in eastern Afghanistan in June 2009.
That begs the question; WTF has taken so long to charge him? At least we’ll finally get the answers that the American public deserves. Depending on how long it takes to get him to trial.
ADDED: From the Washington Post;
Article 85, desertion, applies to a service member who “quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.” The maximum sentence for those convicted is death, although no soldier has faced that punishment since 1944, when Pvt. Eddie Slovik was executed by a firing squad after running away from combat duty in France.
Article 99, misbehavior before the enemy, applies to a service member who has run away in the face of the enemy, abandoned his unit, cast aside his weapon or ammunition or willfully failed “to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy.”
The New York Times thinks they should just discharge him, that’s severe enough;
Military officials had a range of options on how to deal with Sergeant Berdgahl, from declaring him innocent of any wrongdoing to being charged with being absent without leave — AWOL — to charging him with desertion, the most serious charge Sergeant Bergdahl faced.
But it still remains uncertain whether Sergeant Bergdahl will be court-martialed, the Defense official said.
Another question is whether the Army will give Sergeant Bergdahl an honorable discharge if he is found guilty of desertion. For members of the military, an honorable discharge is no small matter, and not getting one can not only hinders a veteran’s job prospects, but also weigh on the entirety of how a service member looks back on his or her career.
From Fox News, because you need more blondes in your life;
Category: Army News
I am sure Obummer is loving this news!
According to POTUS’ press mouthpiece, POTUS knows nothing about it.
“”I’m not aware of any plans for them to do that,’ White House Press Secretary Josh Earnest said during his daily press briefing, after Daily Mail Online asked him for comment on the looming Pentagon press conference. ‘But this is a process that’s being run by the United States Army,’ Earnest added. ‘So I’d direct you to the Pentagon for an answer.'”
So like everything else, POTUS didn’t know anything about it until he heard it on the news.
As is right and proper. You do not want the commander-in-chief pronouncing on a pending court-martial, and the less he has to do with it, the better.
(Not because he’s Obama, but simply because he’s the commander-in-chief. If he did get involved in the decisionmaking, he could accidentally disqualify the entired Armed Forces from court-martialing the guy.)
The President can convene a general court martial. Not that he should but I do believe it’s legal.
You really, really, really do not want him doing that though. If he screws it up — no reflection on him; but even experienced commanders screw it up sometimes — it’s impossible to fix; there’s no other convening authority to send it to, and these crimes can’t be tried at anything but a court-martial.
The next President would still have pardon\commute ability.
I agree it’s a bad idea though.
UCMJ violations are Federal crimes. Of course the POTUS has the authority to pardon/commute sentences in such cases. He has that authority for ALL Federal criminal convictions.
Which means if a sitting president were to convene\decide a court martial, the outcome isn’t neccearily set in stone. I have no idea about the speed cases go through the US Court of Military Appeals but I would wager if it’s anything like the civilian path, it might be quicker to wait 4 to 8 years for a new President to be elected. Partisan aspects aside of course.
The C.M.A. changed its name to the Court of Appeals for the Armed Forces back in the 90’s.
That said, the military appeals process can be surprisingly fast…at least for the first appeal (to the Army Court of Criminal Appeals)…I’ve seen next-year service on those, though a case like this might be slower.
Next year is mighty inpressive for an appeal, just need to get the rest of the country up to that speed right?
Next year is mighty inpressive for an appeal, just need to get the rest of the country up to that speed right?
Well, in the Service courts the lawyers and judges are all servicemembers and under military discipline…would you want the rest of our lawyers and judges to be?
No, wait, don’t answer that.
The appeals court itself is civilian though right?
If I ever were charged with a crime in the military I would move heaven and earth to make sure I had civilian defense, but that’s just me.
The Army Court of Criminal Appeals (like the Navy-Marine court, the Air Force court, etc.) is military…a bunch of senior JAGs.
The Court of Appeals for the Armed Forces (which is above the service courts and below the Supreme Court) is all civilian, though many of the lawyers that appear before it are still military.
There are many excellent and dedicated defense attorneys within the military — and only a few civilians who really know how to do a court-martial. Whether a civilian is better for you is very situation-dependent. (For this kind of case, I think Bergdahl has made the right choice.)
(And when I say “right choice” I mean “best choice for his own interests”…)
I’m sure there are more good military lawyers then bad, I just wouldn’t bet my freedom on getting a good one haha. I’ve never actually known anyone who was a military lawyer or had any significant dealings with one so my opinion is probably in need of tuning.
Hondo: see bottom. My reply wasn’t put here for some reason.
True – and a moot point. By that logic, no criminal case, including those that have been appealed to the SCOTUS and denied – is ever “final”. For a Federal crime, the serving POTUS can always choose to pardon/grant clemency. That’s true even decades after the convicted individual has served his/her sentence.
I wouldn’t agree it’s a moot point. The fact there is always at least one person our there able to fix an injustice like a wrongful conviction is pretty significant. Even if it’s a really long shot like a pardon. The Supreme Court isn’t infallible, forgetting specifics cases, just pure numbers would say they have gotten it wrong sometimes. Then you factor in that a lot of the cases they pass on our death penalty and it get’s pretty harrowing to think about.
are not our, grrr
Under the US Constitution, the serving POTUS can pardon anyone for any Federal crime at any time. Thus, your comment here is merely a well-known tautology – e.g., a well-known statement that is true unconditionally and in all cases. Making the observation is thus irrelevant and adds nothing to the discussion.
That rather sounds like the definition of a moot point to me. YMMV.
The pardon\commute thus serves as another safety net.
Sure, they can get it wrong too but better 100 guilty men go free…
If that is irrelevant to you, I hope you never find yourself in the position where you need one
Also true – and also irrelevant.
It’s common knowledge that the POTUS has the authority to pardon. That is no different in this case than in any other Federal criminal case.
Do you have a point to make here, or something to add to the discussion? If so, please make it. Otherwise, you’re merely observing things that are obvious to anyone with even somewhat below average intellect and a working knowledge of the US Constitution – belaboring the obvious, one might say.
Funny, I was going to say the same about you. Unless I missed a post of yours all I’ve read in response to mine is basic elaboration on points I already made. The Pardon is, the POTUS can…etc
The whole point of the pardon was brought up in relation to a sitting president not being the right choice to preside over a court martial because he(or she,who knows), is the highest authority. I countered with the point that the next president can still override with a pardon and so it can be considered that there is no final say so to speak.
No.
What I’ve done on this particular discussion thread – e.g., the one beginning with your “Captain Obvious” observation about the possibility of a Presidential pardon – is to point out the fact that your bringing up that fact was a moot point.
Yes, the current (or any future POTUS) could pardon Berghdal if he’s convicted. That fact is also irrelevant – because the serving POTUS can pardon ANYONE for ANY Federal crime. Period. Observing that is merely stating something that is common knowledge . That’s precisely what you did above.
Your observation adds nothing to the discussion whatsover, and merely belabors the obvious. It is as relevant to the discussion as observing that the sun will rise tomorrow. I’m merely pointing out that shortcoming in your argument.
Further, your observation that the POTUS has the power to pardon – and thus can “overturn” the results of any court-martial – is, bluntly, a non sequitur to begin with. It is completely unrelated to the subject of whether or not a POTUS has the authority to convene a court-martial. That was the original item you brought up for discussion here.
If you’re going to change subjects and bring up irrelevant points for discussion, do not be surprised if/when you get taken to task for doing so. Failing to realize you’re doing that – then attempting to defend yourself after doing so – compounds the error.
That’s my last comment on the subject. If you have some deep psychological need to have the last word and that will make you “feel better” – have at it.
Hondo: see bottom. My reply to you wasn’t put in line for some reason.
True – as can a slew of other Defense civilian and uniformed officials. See Article 22 of the UCMJ.
However, the Service Secretaries have standing delegations that grant GCMCA to many if not most GOs/FOs serving in command billets. Even there, the general practice is for the CGMCA to stay pretty much out of any investigations/other activities associated with a serious criminal investigation until formal charges are preferred – for exactly the reason Alberich lists above. Unlawful command influence isn’t limited to the POTUS.
I’m betting it took this long to overcome pressure from the WH not to charge him.
“Ok, no elections around the corner, go ahead and charge him now.”
Yeah, I was thinking the same thing…
Now that Bergdahl as outlived his purpose (a distraction), go ahead and charge him because the next scandal is just around the corner.
A lot of scumbags involved in this story. Hang the SOB!
Congratulations to the soldiers that had the guts to tell the truth about this Taliban wannabe.
Soldiers stepping forward and making this viral on social media is primarily what kept the release from being another “resounding Obama success” story. Those still on AD were stifled and threatened with UCMJ for speaking up.
Charging him is one thing, convicting him is another. 20 dollars on a favorable plea deal soon.
He’ll claim some kind of mental issue and the big bad Army doing terrible things to the innocent locals or some such thing. I am willing to bet no personal accountability.
GO article 15 for awol.
Loss of 2 months pay.
No POW medal, status or POW pay.
Reduction to e-1
Gets back pay at a reduced grade
General discharge.
All actions completed in the next 90 days.
You forgot confinement for 5 years:
But I’d settle for two years vice five years.
See below. If he’s charged w/Article 99 and convicted, there’s no cap on sentence – to include getting the needle.
Agreed. That will probably be the outcome, although I’m not sure about the back pay, but who knows with the crew running the Pentagon. Just out of curiosity does anyone remember if Mike Durant received the POW medal.
Yes, quite quickly as I recall as were some servicembers captured in Kosovo.
I thought they already gave him back pay at E-4 for the time he was with the Taliban?
This is my Wednesday Feel Good Story!!!
This is my 2015 feel good story.
Agreed!
Almost as good as …………well, not really, but close.
The only other thing that could make my 2015 any better is if “He who shall not be named” and crew are handed their collective asses.
Time will tell on that.
ohhh, least I forget. Sgt. Bergenthal needs life or the noose.
(You don’t respect the man, you respect the rank)
“… Bergenthal(sic) needs life or the noose.”
YES!!
Regrettably, he can at best get a needle vice a noose. But I’d be OK with that if he’s convicted.
What took so long: They needed other scandals to come up that will allow them to let this one slip out, so it wouldn’t much traction/press coverage. Kind of like Late Friday afternoon document drops. Timing is everything. With all the attention on the Hillary e-mails, Cruz’s announcement, the Iran stuff, Israeli politics among others.
I’m thinking this is the scandal they are using to distract from something else.
…Or maybe they wanted to take their time,and nail this thing down six ways from Sunday before they brought charge?
Just sayin’.
So making little rocks out of big rocks for the next 20 to 30 years in Kansas?
You KNOW they’re not going to shoot him.
He will get a DD and loss of rank and forfeiture of pay (including the back I suspect) and then it’s off to the klink.
Well this is my speculation and is not based on any fact or experience as I am not a lawyer and I have not stayed at a Holiday Inn Express any time in the recent past.
Wishful thinking, but a little naive, Sir.
“and I have not stayed at a Holiday Inn Express any time in the recent past.”
The photos say otherwise, Chip. Unmarked bills. And lots of them.
Who here would be at all surprised that POTUS provides Bergdahl with executive clemency at the end of his term?
I would love to see the court-martial end *just after* the current usurper leaves office (guilty verdict, of course, and throw the book at him in punishment phase).
Don’t think it matters – as has been previously discussed here, a pardon can be given in advance of a verdict.
Oh, crap! Does this mean Bergdahl won’t be getting that Staff Sergeant promotion? 😀
Nor an ARCOM for being offended. (smile)
But maybe they will award him an Impact AAM for being such an efficient office supplies locker inventory clerk for the past year.
It must be remembered that paper cuts and staple puncture wounds are an everpresent danger when actively filling in the blocks of your supply paperwork.
Staple puncture wounds? Ouch!! 😀
Yeah, in the outfits I served in, those “Kick Me, I’m A Dumbass” signs weren’t simply taped to your back with 100 MPH tape. They were permanently attached with the big 1/2 to 3/4 inch hand stapler.
Are you talking about this bad boy?
http://www.sears.com/surebonder-pnuematic-3-in-1-nailer-stapler/p-00936534000P
Naw, not quite that big. The hand stapler I’m talking about is like the Do it Best 3-in-1 Staple Gun that uses 1/4″,5/16″,3/8″,1/2″,9/16″ staple lengths or No.8 Brad Nails or No.9 Pin Nails. They sell for about $18.95 at the hardware store.
You know, the size of hand stapler you would use to put up the plastic sheeting over the insulation in the garage/work shop.
Yeah, I thought my idea was a bit overkill. Expensive, too. But I think you nailed it! 😀
Yes, there have been many “fights to the death” when the CQ and Runner get into the the R&U locker and get the hand staplers.
Charge of Quarters gets real boring around the 0230-0330 hours time frame. You need something to do, so “Stapler Fight”!!!
Sounds like a blast. You know, I was just thinking back to my time aboard the USS Toledo SSN 769 and what those guys would have done with a fine upstanding shit bird such as Bowe Bergdahl. I tell you what, some of the guys on that boat were some real nasty sonsabitches! 😀
Friend, I have a son who retired last year as a CSCS(SS). His boats were the Seahorse, William H. Bates(Bouncin Billy),Alaska,Pennsylvania and the reworked to an SSGN Ohio.
I’m pretty proud of him.
Before I sign off for today, I just want to say it’s been one helluva day and I really enjoyed talking to you, sir!
Everyone always overlooks push-pin injuries. If one of those things gets under a fingernail it could result in a painful puncture wound, and there’s the risk of infection. It’s serious business!
About friggin time.
I take no pleasure in another’s misfortune. Of course, I take great pleasure in this. Bergdahl didn’t suffer some misfortune and his having to answer for what he did is justice, not misfortune.
I anxiously await seeing this on tonight’s network news. Sure they will show the dog and pony show Dear Leader had standing next to the hippie dad. /s
Maybe on Fox… as far as the rest of the channels are concerned, that never happened and showing it would b double plus ungood.
(Concept)
Send him to SERE school At Bragg, he can show of all the skills he used to stay alive and happy for so long. But it may involve the reproductive cycle of goats.
He couldn’t carry the jock strap of any soldier that’s gone through SERE, whether successful or not.
Fricken coward!
Or even an airman who’s gone through the USAF version of SERE!
Roger that.
This will probably go down in the same way that the Robert Garwood Court Martial went down. And what Garwood did was far more egregious – Conviction, forfeiture, DD, no time in the clink.
I dunno. Jeffrey Carney spied for the STASI and walked off from his duty station at Goodfellow AFB and went to East Germany. He was decorated by their military and the Soviets. The AFOSI got him back and he only served 11 out of the entire 38 years he was sentenced to. If someone who deserted and was proven to have aided the enemy only did 11 years… Baddog will only do the minimum due to all the media bullshit on his behalf.
http://en.wikipedia.org/wiki/Jeffrey_Carney
Due to his AFSC, Carney could play the “greymail” card. That’s why he only served 11 years of his sentence – pretrial agreement, almost certainly to prevent him from disclosing things he knew that were still classified (or forcing the government to do the same).
Don’t think Bergdahl will have that kind of leverage. I don’t think he’ll get the needle, but I do think there’s at least a fair chance he’ll do some time.
This is going to be interesting to see how the barry’s kids spin this one. You’re right. AFSC does play a role here. However, I’m surprised the didn’t get life just to keep him quiet and under wraps. Carney wrote a book about his treachery. I wouldn’t be surprised if Bergdahl doesn’t get a movie contract and a columnist position from some lefty rag like Manning.
The citation say that Carney had a mandatory sentence of nearly 12 of the 38 years. Since he was released “according to a pretrial agreement” I suspect he was allowed to serve the minimum mandatory sentence because he agreed to cooperate in giving full details on the nature and extent of his transfer of classified information and the extent of his activities while serving the Stasi.
Knowing the extent and nature of the damage and how long he was releasing information is vital for counterintelligence efforts.
So it really is not surprising he was likely given a deal such as this.
I don’t really understand how, but Garwood wound up with a whole LOT of money from somewhere, because in Mississippi, he had a house right on the coast of the Gulf of Mexico, plus RVs, boats, vehicles, and I don’t know what all.
I think he even had a collection of firearms, despite being a convicted federal felon.
And what happened to his charges of sexually molesting children?
I don’t remember anything about that, although Hondo (I think) discussed it at this web site on a previous occasion.
If Bergdahl gets treated like Garwood, then I reckon he’ll party hearty with Hollywood celebrities and roll in the dough.
If he’s convicted and serves time, I’m guessing it won’t be very much time.
But, on the other hand, if he does do ANY amount of time behind bars, he might be murdered by a fellow inmate.
p.s
I can still hope that we execute traitors some day soon.
Sorry Lars well not really.
We no longer execute traitors. We welcome them back and they become democrat politicians (Kerry) and celeberties (Fonda).
?
The west wing of the Emperor’s palace is abuzz. Susan Rice has the dry heaves. And the Emperor won’t take Mr and Mrs Bergdahl’s calls.
And when the White House switchboard puts Mr. & Mrs. Bergdahl through to ValJar, all they get is someone speaking in Farsi.
That’s racist!
{/snerk}
But he served with honor and distinction!
…for the wrong side.
What could be the game-changer here is if they hold him culpable in the deaths of those soldiers who were killed while searching for him. That will immediately up the stakes and the level of punishment.
See my comment below, PT. If he’s also being charged with Misbehavior Before the Enemy, they’re already raising the stakes.
Misbehavior Before the Enenmy?
What did he “Moon” them??
/wait, that would bring on the sexy.
We can hope!
Any bets on what he’ll actually get?
Max is death. Max incarceration is 5 years. Dishonorable discharge and all forfeiture of pay is available too.
I’m guessing he’ll receive zero time for time served as a POW, general discharge so he can keep benefits. Not sure if they’ll take his back pay or not.
A court-martial can’t give you a general discharge. It either gives you “no discharge” or a punitive (Bad Conduct or Dishonorable) discharge. But if it hands out no discharge, then the Army could chapter him out with a general (or honorable) discharge.
He has one of the top-end civilian court-martial defenders in the country, so I am sure he will get a first-class defense. (My inclination would be to opt for a judge alone trial to moderate the sentence; but I don’t know the full details.)
General Discharge better not happen. There are dudes and dudettes with Big Chicken Dinners for violating GO #1 (the no fun rule).
Call me nuts, but this might be a tad more severe…
I find that hard to believe, BNG. I did two years of prosecuting in Iraq, and GO #1 violations were almost always Article 15 material. (Except when they were tacked on to a charge sheet with something more serious.)
If someone tells you he was BCD’d for an alcohol or adult porn violation alone…be skeptical if you haven’t seen the charge sheet yourself.
Being a prosecutor, Alberich, do you see any way that Bergdahl can be held culpable for the deaths incurred in the search operations conducted on his behalf?
Reading through Article 99, I see nothing on point in that regard.
What say you, sir?
Ask and you shall receive.
When you’re looking for sentencing procedures, go to the MCM and look for Rule for Court-Martial (R.C.M.) 1001. Specifically, “evidence in aggravation”:
“The Trial Counsel [i.e., prosecutor] may present evidence as to any aggravating circumstances directly relating to or resulting from the offenses of which the accused has been found guilty.”
So, for any crime, the prosecution can try to present that kind of evidence. That won’t change the maximum sentence (which is life, if the misbehavior charge sticks), but it might persuade the judge or the panel to jerk the tariff up a bit, if you know what I mean.
I anticipate there will be a big fight about whether those deaths “directly related to or resulted from” the desertion…that is one reason why a high-powered lawyer like Fidell is a good investment for Bergdahl. If I were prosecuting (and note that I am not a prosecutor now, nor have been one for several years), I would try my damnedest to get it in. That might create an issue for appeal but I wouldn’t care.
Thanks for the quick response. One more Q for you: do those aggravating events have to have been brought out during the course of the trial or may they be held in reserve for arguments during the punishment phase?
In general, aggravating evidence can be brought out in either phase of trial: findings (guilt or innocence), or sentencing (punishment).
These particular aggravating facts will have to wait for sentencing. The reason is that they are not relevant to whether he is guilty or not…you can’t bring in bad facts on findings just to make the court angry; you’re limited to stuff that helps to determine whether he committed the crimes or not. (I assume the Defense will try to keep these facts out completely, arguing that they aren’t “directly” related to the crimes, but whether that works we shall see.)
Note that to use these deaths in sentencing argument, the prosecutor will have to bring in evidence of them on sentencing. (And get it past the defense counsel’s objections…or his pretrial motion in limine.) You cannot argue facts like that if you did not bring in evidence of them.
P.S. – I’m not a prosecutor anymore and haven’t been one for a few years. But I’m wishing all the luck in the world to whoever prosecutes this one.
As I’ve commented before…Bergdahl is going to receive a lot of rewards for his crime when he gets out, I’m guessing a book deal, celebrity, and “female attention” at a minimum. This will be a huge and pernicious incentive for others to do as he did; and to counteract that he should lose his youth in prison.
Doesn’t that create an incentive for a life sentence?
Somewhat but I think we’ll be lucky to get 15 years (10 with good behavior).
TSO and I personally know of one. Alcohol version of GO #1.
NCO was made an example of. Confinement, BCD, the whole enchilada.
So I made the leap that he wasn’t the only unicorn out there.
That’s pretty amazing if your knowledge (and TSO’s) is accurate. But if so I suspect that fellow was about as rare as unicorns.
The most “extreme” GO#1 response I ever saw (and I saw a lot of them) was a set of Field Grade Article 15’s for porn…which was done at the beginning of a tour to make a point: the BC intended to enforce GO#1 regardless of whether he agreed with it. (Most of the Soldiers got their rank back fast; one guy was flagged and later prosecuted because he didn’t have only adult porn. And the message worked – we didn’t have GO#1 problems out of that unit the rest of the tour.)
We did once tack a GO#1 violation onto a court-martial for disobeying orders…he got drunk while his CM was pending so we added the charge…but the GO#1 wasn’t all there was to it.
I saw the charge sheet and know the guy quite well. The only other thing was he did it 100 yards off base. But that was it.
I can share more if you need to validate, but trust me, it was my platoon and a VERY close friend.
Thank you for the information, which I’ll file under “strange things I’d never have dreamed would have happened, yet apparently they did.”
I say he will get lifetime confinement. There is no way with America how it is today that he will get the death penalty. But, I am hope I am proven wrong on that.
*But, I hope
This will be an interesting case to play out, he was promoted with both the president and the national security advisor telling us he served with honor and distinction…
I don’t see anybody pushing for prison after Bergdahl being detained for five years by the Taliban…
Maybe I’ll be surprised by what happens. I doubt that, but anything’s possible I suppose.
Despite the rhetoric on both sides there is zero indication that this administration is fostering a climate that is soft on military deserters, or cases such as Manning. Manning got 35 years. Even Franks got 4 years, which surprises me.
Under the previous administration deserters typically received no time or less than 1 year sentences.
For anyone who’s interested, here’s the text of UCMJ Article 99, Misbehavior Before the Enemy.
http://www.ucmj.us/sub-chapter-10-punitive-articles/899-article-99-misbehavior-before-the-enemy
If this is accurate, then it appears as if perhaps the Army is going after the guy. Bigtime.
Apparently someone in Army senior leadership still has the guts to do the right thing.
“Apparently someone in Army senior leadership still has the guts to do the right thing”
About damn time.
They brought back the firing squad in Utah. Maybe that concept will grow.
Probably not going to see the military adopt that, blaster. And even then, I’d prefer to see deserters hanged.
A firing squad is a military death with a modicum of dignity. IMO, traitors, deserters, and those who aide or misbehave before the enemy during wartime forfeit the right to such a courtesy. They instead should be hanged like formerly was done with common criminals receiving a death sentence.
Good point.
you changed my mind. I agree.
Unfortunately, we no longer hang anyone. But in this case, I’d settle for a needle administered on a cold stainless gurney.
If he’s tried and found guilty, of course.
Don’t expect this one to be referred capital.
It should be. But sadly, you’re probably right.
Sorry to be an ass, (someone has to 😀 )
but as I started reading this, this is the first thing I thought of….
Any person subject to this chapter who before or in the presence of the enemy–
(1) runs away;
+10.3
Well I am starting to wonder if the Article 32 hearing will determine there is NOT enough evidence to proceed to General Court Martial so they can safely remove that option.
Should they determine that, then they can proceed to an administrative separation and quietly move on.
Hondo. I wish.. Well I’ll keep my trap closed.. I will say for a fact right after he went on his sabbatical all hell broke loose. In more ways them one. When this is over. The rest of the story will come out. As far as the trade to get him back. Remember it’s cheaper to release. and send back to goatland and then Drone them, then to feed, cloth, do medical and then non-stop media and world ire. Believe me this Dude Is a TURD ! ! ! ! …a big one at that. but karma is a Bitch… Watch wait and see..
Max penalty for desertion (in time of war) is DEATH.
True, MCPO. But we haven’t executed anyone for that since Slovik in 1945, and more recent precedent says we won’t do it now (Garwood).
However, the Army also apparently slapped on a charge of Art 99 – Misbehavior Before the Enemy. That charge has no max sentence – “death or as a court-martial may direct”.
Update: Fox is now reporting that Berghdal has been charged with both Desertion and Misbehavior Before the Enemy. However, their article has at least one other factual error, so I wouldn’t regard it as definitive.
Are they reporting on his request for hormone therapy yet?
Finally.
Do you think we could trade him back?
Do you think the Taliban or the Haqqani Network would even take him back – period?
Only to make him the star of his own movie. /sarc
^^^^^THAT^^^^^^^
You win the internet today!!!
Rats, too slow. My comment was directed toward rb325th, not Hondo.
Gee, thanks. (smile)
Seriously, we knew that – the indenting and color coding of your reply indicated the comment to which you’re replying.
The folks in the DRC, on the other hand . . . . (smile)
You bring up a good point.
It just dawned on me that I have been looking at all of this the wrong way. All of this time I was wondering how in the hell someone, anyone could be so stupid as to make such a bad deal. What I should be concentrating on is how I can find the right people in this admin. to make some trades with. If they will deal with me the same way they have all of our enemies, I’ll bet I can get 100 to 1 profit. You all may be witness to me becoming rich. HELL YEAH!
Since his desertion resulted in the deaths of Soldiers looking for him the death penalty should be on the table. But, in this increasingly PC and pussified world, it’ll never happen.
Unless he get’s Life or the Needle, I’m sure he doesn’t care about what discharge he gets. The little bastard probably already has got book and movie deals that’ll set him up forever.
THAT needs to be fixed.
Somebody on this blog (I forget who exactly) once wrote “Some people are okay with being a shitbird… and this guy is probably one of them” (or words to that effect).
Send him to Leavenworth.
Let him bunk with Bradley/Chelsea so he (Bergdhal) can teach he/she/it all about Man Love Thursday…
Don’t they have to go through the Art 32 hearing before a GCM – or has that changed?
The original article says the Article 32 is the next step. He’s been charged but charges can’t be referred until after the Article 32.
Thanks, I’ll have to read the article when I get home.
It goes without saying, but was that a good trade?
http://www.nytimes.com/2014/06/01/us/bowe-bergdahl-american-soldier-is-freed-by-taliban.html?_r=0
While I doubt he will end up getting what he deserves (nor will the idiots who let him in the Army after his USCG misadventure) I will take some comfort in making sure he is not paid for his treachery, and they can not take those stripes off of him fast enough, that promotion was an insult to every NCO in history.
I honestly don’t want him shot, (I want the people who let this nutcase be an 11B1P shot). 10 years confinement would do fine for me.
Come to think of it, if they give him a plea deal, could they include a stipulation preventing him from profiting from books or movies etc. perhaps through a NDA or something?
Almost certainly not.
Plea deals are made with the Commanding General, so they can’t go beyond the CG’s ability to enforce. They can certainly affect your conduct before trial (e.g., promising to testify in another case, or cooperate with law enforcement or some other matter)…but once he’s out of the military completely, he’s not subject to military orders or jurisdiction anymore, so there’s nothing left for the command to do to him.
Sure would be nice if some state with such a statute could find a criminal charge to convict him of so that he could not profit from his crimes. Maybe the home state of one of his victims who tried to locate him could convict him of something along the line of wrongful death? Or some sort of willful disregard. Anything, so that the families are protected from him profiting from the deaths of their loved ones.
I’m afraid any such hopes are in vain. The causation is too attenuated for a criminal conviction, and I’m afraid it’s too attenuated even for a lawsuit by a victim’s family.
No, he’s going to reap the rewards of anti-patriotic celebrity; the best thing to hope for is that he will have to do some serious time before that happens.
[…] Press Gave Hillary A Standing Ovation After She Refused To Take Questions This Ain’t Hell: Lawyer – Bergdahl To Be Charged With Desertion Weasel Zippers: Planned Parenthood Supporter Throws Molotov Cocktail At Prayer Group Outside […]
YAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAY!
Conviction, Firing Squad, pine box – quick, before Obama pardons him on 2JAN2017.
The NYT is wondering if he will still be given an Honorable if he is found guilty
http://twitchy.com/2015/03/25/who-the-hell-wrote-that-nyts-hot-take-on-bergdahl-is-freaking-unbelievable/
Does any body know if he received a Good Conduct Medal for three years of behaving like a good boy?
This certainly sounds like good news. Those charges look like they cover his crimes sufficiently well to justify his being locked up for a very long time.
So, watching the evening news……they are already talking a plea deal……….
Please tell me that this can’t be true. There should not be a plea deal allowed in this case.
*Smh* *face palm*
I think that’s the press spit balling/ wishful thinking
The way the sec. of the Army operates bergdahl will receive Major Mathew L. Golsteyn’s Silver Star, POW status, another promotion, back pay, honorable discharge, movie deal, TV series on NBC and a meet and greet with the muslim in chief.
PS: Stop referring to this low life SOB as a Sergeant. He possesses NO ability to carry the NCO rank.
Respectfully cato, in referring to him by rank, it’s like I said, you respect the rank, not the man.
That’s what I was taught. Even if I do see and respect where you are coming from.
Not surprised. And well deserved.
WTF is the NYT talking about? They wonder if he will get an honorable discharge if charged with desertion? Because of the terrible things that will happen to him for the rest of this shitbags life?
Can a soldier get an HD if charged with desertion?
Just being charged has no impact on a discharge. He needs to be convicted.
And hung.
And drawn.
And quartered.
And his … well, you get the point.
I meant convicted of course. Your right, they do need to be more than charged.
Gee, no-one on this sight saw this coming did they?
I say Bergdahl gets the following immediately on conviction:
Stripped of rank and uniform at a televised ceremony. Tied to a pole and shot by firing squad, before the sunsets.
Pvt. Bowe Bergdahl & Pvt. Eddie Slovik deserters.
And if Obama pardon hims…I guess the book deals back on.
All this AFTER he was handed to rank of SGT and all back pay. Yeah, if he doesn’t see jail time, then it will be proof of a rat.
I disagree that I “changed the subject”, I just replied to Alberich with a point I felt organic to his and from there the discussion about the pardon flowed. Maybe I’m wrong but I thought the whole point of forums like these was to discuss things. If there is some rule(written or otherwise) that topics must stay 100 percent focused on the original material I apologize. That said, I admit I may have missed your point but all I’ve read from you is elaboration on my points and the expression that everything I’ve said is irrelevant. Loud noise but not music as my grandmother would say.
Fair enough. My real issue was that you brought up something that was both tangential and common knowledge, and didn’t seem to realize that fact. My apologies if I didn’t make that clear enough earlier.
I agree with you that the pardon power serves as a form of “justice of last resort” – as well as a potential source for abuse. That’s just not what we were originally discussing.
I gotcha, wasn’t my intent. It was just an aside, with the hopes of starting some conversation with Alberich, nothing more. Certainly not an opinion that Bergdahl deserves anything less then the book being thrown at him.
Pretty sure that the guy ditched his weapon and ammo and went out seeking the Taliban. Pretty overwhelming evidence to that end.
What I am wondering is ( and this may be one of the reasons the Army took so long in charging him) is there a plethora of evidence that has been obtained through inteligence sources that Bergdahl was willingly engaged in assiting the taliban in engaging US troops? That would be the nail in the coffin.
My only issue is if he was truly out to assist the Taliban why did he not bring any gear that would assist them? Like nigh vision equipment and batteries?.
Seems to me he intended to only be a deserter but not a traitor.
He likely may have helped the Taliban after capture though.
In my opinion deserting in a warzone makes him a traitor. They came looking for him which got others hurt. Something that wouldn’t have happened if he didn’t bolt. It’s as good as if he hurt them himself.
Had he wanted out that badly he could have cried any number of ailments\issues and angled for a way home that way. He didn’t have to go the route that involved others.
I really have no interest in defending Bergdahl. I am interested in being accurate about what he did or did not do. There is really no evidence his desertion caused any US deaths.
What is clear, as you have said, is that their were injuries. Most notably SFC Mark Allen. There is no doubt in my mind that the search for Bergdahl is directly responsible for SFC Allen being wounded.
I can’t help but to feel that Bergdahl should not be able walk free a single day that Allen is unable to even stand. Allen’s children will never walk hand in hand with their father again.
Bergdahl had to have known there would be an attempt to locate him, and that hundreds of soldiers would be at risk during the search.
He should be held responsible for the consequences of that search and the lives put at risk.
Well I think I said hurt not killed but I think the official number of deaths stands at 6 when talking about soldiers directly involved in looking for him. That said I didn’t think you were defending him, just offering up my opinion on his desertion.
I recognize that you said “hurt”.
I read about the claimed six. They were all killed on missions unreleated to Bergdahl in the months after the search was called off. It appears that every death in the unit during the battalion’s tour is being attributed to Bergdahl, but the evidence is pretty sketchy.
As far as I am concerned SFC Alan is sufficient cause to for an aggravated sentence.
Well, Lars – you might want to “read some more”. Like maybe this article written by a guy who was assigned to Bergdahl’s unit (battalion) at the time. He says otherwise.
http://www.thedailybeast.com/articles/2014/06/02/we-lost-soldiers-in-the-hunt-for-bergdahl-a-guy-who-walked-off-in-the-dead-of-night.html
According to him, his battalion lost six good men in the course of conducting operations directly related at to Bergdahl’s disappearance. He also documents a couple of other less-closely-related deaths that are still reasonably attributable to Bergdahl’s desertion.
But the man was only there on the ground at the time, serving as an officer in that battalion. So maybe he doesn’t really know what happened there in the aftermath of Bergdahl’s desertion. (Yes, that last sentence was sarcasm.)
I read all of these. They were not killed during any missions related to Bergdahl. Their is a sense among the soldiers that the environment changed after his capture and that might have had an effect but that is really sketchy perception.
And my comment is not intended to be dismissive. I have tremendous respect for Nathan Bethea. His article and account is one of the best written articles I have ever read concerning Bergdahl. But we are talking about legal culpability and the connections are too sketchy. There were constant patrols in the area, and most of those patrols would have happened with or without Bergdahl’s disappearance, especially given the elections. None of the patrols were searches for Bergdahl, Allen’s patrol was a search for Bergdahl. I understand why he feels the way he feels and he is justified. However, we do not have the counterfactual of what might have happened if Bergdahl had not gone missing. I am certain that the missions in support of the elections, particularly the search for the shadow governor – would have happened.
And you know this how, precisely? Were you there at the time in place in question?
The man who was there at the time – Bethea – and who was also in the unit concerned says otherwise. I’ll believe someone who was there before someone who wasn’t, thanks.
Furthermore, your reliance on the “legal culpability” argument here is specious.
No, Bergdahl won’t be held criminally culpable for those good mens’ deaths. However, legal culpability for their deaths and considering their loss aggravating factors relating to sentencing for a different crime altogether are different things altogether. I’d have expected a “fine student” at UC-Berkely to understand that.
The fact that good men died looking for Bergdahl is an aggravating factor if he’s convicted. If Bergdahl had not deserted, those operations would likely not have taken place. Ergo, while direct criminal culpability cannot be definitely proven, his conduct was at least a contributory factor. I’m reasonably sure that can be weighed by the court-martial panel (or the judge, should Bergdahl opt for trial by judge only) as an aggravating factor for his crime should he be convicted.
Those deaths and injuries show the effect of his crime on both the government and others. It’s the same reason victims often speak during the sentencing phase of a trial.
Above, you’ve admitted here that Berghdal’s desertion is directly responsible for the serious wounding of at least 1 US soldier. People who were there at the time say he’s also indirectly responsible for others dying. I’m guessing those deaths and injuries will indeed be weighed at court-martial as aggravating factors during sentencing should Berghdal be convicted.
Bergdahl didnt have much access to things the Taliban didnt have. The primary reason ( I believe) he left his gear behind was to appear less threatening when he found them.
The Kelly Files on Fox News just said that the White House is standing behind the comments and desissions made regarding Bergdahl.
Anyone else NOT surprised?
Why do people expect the white house to say anything about the charges? Hell, anything but a very carefully worded statement referring the press to speak to the Dept of the Army, could be regarded as command influence on the outcome. Also, there is no question the president should have secured his release from captivity when he had the chance to do so, so claims that we should have left him in captivity are bullshit.
There was also never a doubt in anyone’s mind that Bergdahl would face charges. There was no way he could have been captured outside his CoP, without a weapon, and alone, without having violated several orders. So even if he never intended to desert (and it was clear he did) he had to have violated several orders to have been captured in the way in which he was captured.
So nobody is surprised he is being charged. Except political opportunists that are acting like it is a big political upset.
This whole thing stinks…
Whatever was taking so long was probably something coming from 0 and his henchmen or women if you could call them that…
Either way, he deserves a lot more than he will probably get…
I feel for the families that lost a loved one from searching for this idiot…
It took this long because it is a damn complicated investigation. You can only try him once, and they needed to investigate his actions during captivity. Nine months is actually not that long.
actually, for the charges they are using, everything after his capture is irrelevant. The original investigation when he deserted found that he was a deserter, this was just re-gilding the lily.
I sincerely think they were trying investigate potential charges with respect to specific aid to the enemy during his captivity.
Hell, I have seen FLIPLs take longer than nine months.
So Bergdahls mouth piece, I mean lawyer, just released a statement from him about his time in captivity and it reads like a Hollywood action movie. Gee, I wonder who we could get to turn his story into a movie, say on a par with say The Hurtlocker? Think that director is available? /sarc
And in yet another demonstration of the professional incompetence of today’s mainstream media, the WaPo once again blows it when it comes to getting the facts right.
It is not true that “no soldier has faced that punishment [death] since 1944″, as the WaPo article Jonn quoted above stated. Under the UCMJ, every soldier who deserts during wartime is subject to that punishment unless and until the government opts to take execution “off the table” prior to or during trial. So, no – it is simply not true to say that no soldier has “faced” that punishment. Every tool who’s deserted during wartime since Slovik has also faced the possibility of the ultimate sanction – up until the point at which government decided not to pursue a capital case. They simply were lucky when the government decided not to make an example of them as it did with Slovik.
It is true indeed that Slovik was the last service member executed for desertion by the US military, and perhaps that’s what the WaPo actually meant. If so, they still managed to be misleading as hell if not outright wrong anyway. While Slovik was tried in 1944, Slovik was executed on 31 January 1945 – not in 1944 as the article would imply under that interpretation.
Sheesh. How freaking long does it take to do a damn Google search to check pertinent facts like that before publishing something?
What??!! Look for facts and miss the opportunity for a shrill harangue …?
Shouldn’t that be “a shrill Haringue”? (smile)
Not according to Merriam-Websters …
I see what you did there. . . 😉