LA Times: No one wants to see a Bergdahl trial
Yeah, that’s the gist of the title of an LA Times article, the quote comes from a Georgetown lawyer;
“Desertions rarely go to trial. They usually end up with a plea,” said Gary Solis, a Georgetown University law professor and a former military lawyer and judge.
Bergdahl’s case is likely to end with a plea deal as well, according to military lawyers.
“This is a case nobody wants to see go to trial,” Solis said. “Bergdahl just wants to go home. And for the Army, this case is just an embarrassment.”
Sorry, Gary Solis and LA Times, this trial isn’t about Bergdahl or about the Army – it’s about Bergdahl’s victims, his squad mates and all of he people who were out looking for him and the casualties that resulted from that endeavor. Not to mention, the American taxpayers who footed the bill for it all, and the Americans who are now in danger because of the terrorists who were released in exchange for his freedom. A plea deal isn’t going to work for all of those people. We want the facts and we want to hear about the facts straight from Bergdahl’s mouth. That would be the only justice in this case.
Don’t say “no one wants to see a trial” when everyone needs a trial to put this behind us.
Category: Military issues
A trial and a noose, 5-7.62 rounds or just life in prison would work for me.
WAAAAHHHHH! I WANNA GO HOME!
These big meanies won’t let me go home.
WAAAAAHHHHH!
Fuck this asshole.
Another fine example of arrogant pus-brained candy-assed booger-eating bedwetting liberal Sparkle Ponies trying to tell everyone else how THEY should think.
FOR THE LOVE OF HUMANITY, please have your liberals spayed or neutered!!
API,
Love your closing sentence! I notice that you’ve used it more than once. May I steal it and use it?
“FOR THE LOVE OF HUMANITY, please have your liberals spayed or neutered!!”
Sometimes, I fear I’m too centrist for this site. But I’d like to be on Bergdahl’s firing squad.
You can be in the center of the firing squad detail. Save a spot next to you for me.
BE MY GUEST and feel free yo use it generously!! 😀
OH, and if any liberals get truly offended by it, tell them to STFU, leave you alone and SUE ME, and if they get anything, I’ll split it with them (Mighty liberal of me, ain’t it?).
Your gonna bring the wrath of Lars on yourself.
Lars? OH, yeah, that snot-drooling little thumbsucking booger-eating candyassed bedwetter, haven’t seen the little shit here in what, at least a few months?
PI, I think the word you are looking for is “Euthanized”.
That’ll work as well, then we don’t have them constantly stealing oxygen from people who want to work and contribute in this life!
I’m guessing most wartime vets would disagree with this LA twerp; I know I certainly do. But I guess it’s possible I could be wrong.
I guess it’s also possible that the sun could rise in the west tomorrow, too. But I wouldn’t bet on either possibility being the case.
Look all you lefties in the media lining up to suck Berghdahl’s dick.
凸(｀0´)凸
/hang him.
Wouldn’t a bullet be cheaper in terms of seconds wasted on his death?
I’m with ChipNASA, I say HANG HIM!!
Newsflash for Georgetown shyster: This one isn’t even remotely “just a simple case of desertion.”
I guess if you are not directly involved in prepping for something like this, you think your opinion is worth something, so you can get press time? Attention? Oooooh!
Well, opinions are exactly like runny noses.
or other orifices a bit further south and west of the nostrils
I suspect this guys nostrils are deeply imbedded in the orifice you referenced.
I am sure this is all just one huge misunderstanding. I mean what is not believable about a Soldier on a 300 mile trek by himself to report to the 1st Genral Officer he happens to run into, his concerns about his platoons behavior? And as far as leaving his equipment behind? Well that was just so he could get there faster, thats all. I mean it sounds like to me he was just trying to do the right thing. Whoops! sorry about that I accidently had the “Sarcasm” dial turned to full input there. Okay thats better I turned it down to normal. As I was saying, “Fuck that Terd”
I wish he would get what he deserves. However, with the current climate of no one is responsible for their actions:
He was discharged as unsuitable from the USCG before being accepted in the Army.
Therefore he had a pre-existing condition and never should have been allowed in the Army.
His “situation” resulted in PTSD not only caused by becoming “Goat Boy”, but by being allowed in the Army in the first place.
So he’ll get medically discharged with 100% comp for the rest of his life.
The only real thing that could (and should -but yeah, right.) happen is he gets reduced to his original rank.
Either way we’ll be giving this bozo a free ride for the rest of his life.
Anyone want to bet on the outcome?
At a minimum he’s going to get a punitive discharge (DD or BCD), which precludes the possibility of a medical discharge.
Now, could the VA decide to subsequently grant him disability benefits? My understanding is that a DD is pretty much a disqualifier, though a BCD could leave the door open (I’m sure some of our VA folks will correct me if I’m wrong).
MrBill: believe one of our other resident JAGS/former JAGS pointed out in comments to another article that a conviction for desertion is an absolute bar to receipt of VA bennies. When time permits, I’ll see if I can find the operative part of either the CFR or USC to verify that fact.
If this goes to a General Court-Martial, and he gets a BCD, I am happy to say that is a statutory bar to benefits: 38 U.S.C. § 5303(a)
But if he goes to a Special Court-Martial and gets a BCD, he’ll be barred from health care benefits under 38 C.F.R. § 3.360(b)…though, as you say, he may get some wiggle room on other benefits.
Oh, and Hondo is absolutely right…if the conviction is for desertion he is discharged “as a deserter” and is barred under 38 U.S.C. 5303(a), which I cited above.
Alberich: thanks. Had done a bit of looking, but I’d only found 38 USC 6104 and 6105 so far. Appreciate you giving us the correct cite here.
Hondo, if you get a moment, could you send me a private e-mail?
Check your email.
Thanks for the info. I had forgotten that desertion is an absolute bar.
Normally you all would be correct about BCD’s and benefits. However, the VA now has to review anyone who files a claim regardless of their discharge type because they can claim PTSD, MST, or whatever MADE them do whatever got them booted out in the first place. FREE money, people! And if turned down, they can appeal and appeal and appeal and….
There are websites and even phone apps dedicated on how to claim various “disabilities”. You can study up on the damn things. 20 year olds who have never been anywhere are making claims. Some of them say “I want MY 100%!” I wish it wasn’t true.
HOLY CRAP!!!
Doesn’t matter what Bergdahl wants. Had he exhibited a bit more concern with his contractual obligations than what he wanted he would not be causing all these problems today. And he would not have directly caused the deaths and injuries of multiple human beings who probably didn’t really want to die or be injured as they were out looking for his sorry a$$.
“…And for the Army, this case is just an embarrassment.”
Oh, it’s an embarassment, but not for the Army.
It’s an embarrassment for the Commander in Chief.
Every word out of Bergdahl’s mouth is going to make the Rose Garden fiasco that much more of an embarrassment for this administration. To be brutally honest, I’m surprised he hasn’t been found dangling from his boot laces by now.
About the only two people who don’t want a trial are Bergdahl, and Manning. The former for obvious reasons, the latter because he/she/it won’t be the retard poster child/attention whore anymore.
I’m sure that no one in this current administration wants to see a Bergdahl trial.
For the esteemed member of the Georgetown faculty, how many of these desertions that rarely go to trial happen in a combat zone, requiring a multi-unit rescue response, and what is the typical outcome for the charge of misbehavior before the enemy go (and that the professor seemed to forget)?
I concur, there IS a big difference between a snotnosed coward deserting while Stateside which causes heartburn for the unit in getting the coward replaced as well as administrative and UCMJ action and Bergdahl’s desertion in a War Zone which led to US Military Personnel being killed or wounded looking for him. There are also plenty of accounts of him playing sports with his “captors” and there is evidence that he corroborated with them. IMHO, in a perfect world Bergdahl would exit this life at the end of a noose after being left alone in a room with the surviving family members of those killed searching for him! He can spend eternity in hell shackled to Helen Thomas, “Hanoi Jane” Fonda, and my ex-wife!!
The way I always used the term, a military guilty plea is still a “trial.”
It doesn’t have a findings phase (guilt or innocence), but once the plea is accepted it still has a sentencing phase (where the prosecution and defense put on evidence to show why the sentence ought to be long or short).
btw, Professor Solis is right in that desertion cases (when the command decides to prosecute them) usually do end up with a guilty plea. So do most other cases for that matter.* This is not a bad thing.
*Except sex assaults, which are often brought on weak evidence, and are contested a lot more often.
Nope. A trial is still needed.
A one day drumhead court martial, a guilty verdict, a Bin Laden (two shots and a chaser of water), and then forgotten and only mentioned as a “what-NOT-to do”.
Wow.
I apprecaite the concern for the Army and all, but I want him to go to trial.
They need to be careful when they use NO ONE….cuz some one does.
He needs to be made an example of. Not that it will happen.
They fucked up Royally when they let that terd Garwood go.
Letting this deserter an collaborator go is a slap to the face of all who served.
It was bad enough when Carter pardoned all the clowns who ran to Canada or Europe to avoid military service during Vietnam.
If Bergdahl doesn’t get a DD and at least twenty years …
My guess is a DD, but far less time than that. Garwood didn’t get 20 years, either.
I saw this a couple days ago on Facebook. There must have been several thousand comments. I skimmed through several hundred and didn’t see a single one that agreed with Mr. Solis. I’d sure like to know where he got such a ridiculous idea. (Cough, cough, White House)
What? the LA Times doing the editorial bidding of say, B. Hussein 0bama & Company like the NYT? PERISH THE THOUGHT! /SARC
Obummer wants to see this go away.
Screw him, and the horse he rode in on.
Is there ANYTHING B. Hussein 0bama ever did or touched that didn’t turn into a barge load-sized pile of embarrassing shit? What’s worse is how the liberal media never ceases to fawn and drool all over his shoes no matter what!
David Zucchino is the article’s author. He is labeled a reporter, not a columnist, by the paper. The piece at issue appears not in the opinion section but the world news section of the LA Times. By all outward appearances, then, this is a news article–and a perfect example of an editorial masquerading as a news story. The first five paragraphs this reporter dedicates to set-up. He writes about the many cases of post abandonment and resultant admin charges. The message is that this is petty, run-of-the-mill fare, and Bergdahl’s case is nothing special. In paragraph after paragraph thereafter, he hammers home this theme. He uses just one line in his entire piece to mention the terrorist swap and says nothing about the Rose Garden bullshit with Bergdahl’s parents. He says nothing about the protracted and unexplained delays in the investigation; nor does Zucchino say anything about the consequences to both Bergdahl’s unit and other units following his disappearance. Based on that and more, I’m not trusting the Solis account. Oh, I believe Solis said what was attributed to him: I just think there was much more to it and context is everything in these matters. My guess is that Zucchino used him. After all, he had to have some semblance of a source other than himself for this “news” story.
Screw this guy and Bergdahl. I want to see a trial and the families of the casualties from looking for him get to testify also….right before he is drawn and quartered.
Gary Solis (JAG Ret) was/is at Georgetown. Solis was heavily advocating conviction of the Haditha Marines on CNN, yet previously publicly whitewashed and absolved his fellow democrat Bob Kerrey of participating in mass murder of 23 Vietnamese civilians.
I had a big run-in via email back during the Haditha incident. Might still have copies somewhere on file.
FUCK Gary Solis. He’s nothing but a political hack for Hillary. If I’m not mistaken, Gary Solis’ wife was once Hillary’s campaign manager when she was running against Obama, but Hillary fired her.They’re still big friends though.
Hang the traitor Bergdahl!
If by “no one” they mean anyone who knows a CM will bring discredit and embarrassment to Dear Leader.
He needs to be court-martialed. Led in front of a fire where his ribbons, rank and (most importantly) maroon beret are stripped from him and thrown into the fire so he cannot dishonor them anymore. And then, THEN led in front of a firing squad.
This ‘man’ (I use the term loosely) DESERTED IN A TIME OF WAR. And as a result of his stupidity, 6 of his fellow paratroopers were lost trying to ‘save’ him.
He has brought whatever happened to him on himself. And now, he has to face the consequences of his actions. And no LA Times, this is NOT a case we want to just disappear. The Army wants this Shitbag punished.
Ah …. Desertion … That IS not the worst part.
His behavior was worse.
The combinatuion of both is a presciption.
Let’s see who has the courage to get it right.
I am embarrassed every time I see a photo of that POS with a maroon beret on.
He brought shame on us. That shame needs blood to cleanse it away. His blood.
All the stupidity Obama indulged in wrt, was just salt in the wound.
Please just speak the truth, oh LA Times pundit/Georgetown Lawyer.
LIBERALS don’t want this trial. Because your sainted president who was going to lower the oceans and make us all Kumbaya singers and have beer summits or whatever bullshit he promised, had a big Rose Garden party with sweet Beau’s parents.
And then he told us all what an awesome deal he got getting sweet Beau back for only 5 jihadi’s. So excuse me if I want a trial. I want this turd to explain why he walked away. I want this turd to explain how he feels knowing how good men died looking for his sorry ass. I want the FUCKING TRUTH. For ONCE, I want the fucking truth. And for someone to be held accountable. Like I was for the 23 years, 8 months and 5 days that I proudly wore my uniform. And if that is not good enough for the liberal shitstains that just want this all to go away, well FUCK THEM.
I damned sure want a trial, and I want the commander in chief sitting right next to him in the docket.
Its apples and oranges to compare Bergdahl to someone who goes awol back in the states because they don’t want to deploy. He deserted his post in a combat zone.
So saying that “most don’t go to trial” is a misnomer and a directed attempt to compare the incomparable. (There’s a fancy term for that I can’t recall.)
This needs to go to trial and hopefully there won’t be any pressure laid on the prosecutor to “cut a deal” on this from the chain of command. Not that it would be a huge shocker if that did happen.
And as others have said already, this isn’t an embarrassment for the Army, its an embarrassment for the White House and King Barry.
The only person that should be embarrassed is Obama… the moment he opened his mouth in the Rose Garden with mom and dad Birddog at his side!
He has the audacity to attempt justify exchanging five dirtbag terrorists for a low life deserter…
Obama owes an apology to the families of every soldier that was killed or wounded looking for PVT Birddog!
Babbling liberals – *PTUI*
That’s rather an outlaw attitude, Mr. Wales. (smile)
IF the obvious happens, and Bergdahl walks — for what ever reason, or even NO reason — he’d better find himself a DEEP hole in the ground to hide in, forever. Otherwise, he will find himself alone on some early AM hour, recognized by an Army trooper. Come the dawn, someone will find Bergdahl in that same spot, a bloody pulp.
All but one man stayed…
There at OP Mest,
And they say he ran away.
BRANDED! Marked with a coward’s shame.
What do you do when you’re branded, with a stain on your name?
He was guilty as Hell,
All the charges true.
And soon the world would know:
BRANDED! — scorned as the one who ran.
What do you do when you’re branded,
As the coward who ran.
What do you do when you’re branded, with a stain on your name?
Wherever you go for the rest of your life your peers will say … you’re not a man.”
Well if we don’t try most of these cases not trying Bergdahl may or may not make sense from a practicality standpoint as well as the obvious political benefit to the current administration.
I’m no fan of Bergdahl’s but I am also not a fan of wild inconsistency in discipline. We’ve executed one guy since 1944 for this crime. There’s no chance Bergdahl dies for this no matter what anyone fantasizes. Consequently it becomes an issue of current and historical punishment for this crime. With a little checking it appears to be that five years is about average with a few outliers having more or less than that.
The reality is that a 5 year confinement is the norm, if the military concedes that 5 years as a prisoner of the Taliban is sufficient I suspect as I said many, many times I will not be surprised with a reduction in grade and some sort of administrative discharge.
Fantasizing about other outcomes is all well and good but there’s a practicality that might come about based on the current history of these cases.
How many of these other cases were for desertion while at an in-country forward area? Believe I read the majority of the cases in the last decade or so have almost all been desertion while in CONUS to avoid overseas deployment, not desertion /misconduct while deployed – and deployed out of garrison at a forward area.
Exactly. There is zero precedent to justify this to be casually dismissed.
Not saying this ought to be resolved casually, but saying I’m not going to be surprised when it does happen that way.
I will be surprised if I see a full court martial proceeding, that will be the surprise for me.
Five years as a prisoner of the Taliban.
The only reason he made it home with his head still attached was because he had some value to the Taliban. First by providing useful information, and only later as currency for a prisoner swap.
I’d like to see what info he provided before this gets swept away…
Everyone I hang out with wants a trial.
I don’t want to see the trial. I would like front row seats to the hanging afterwards though.
That is what I meant to say!
I prefer a firing squad, so I’ve been wondering how to go about getting on the detail for it.
If interest is high enough, maybe have a lottery?
I know, not gonna happen, but a guy can dream, right?
Not sure that he behaved honorably enough to deserve the dignity of a firing squad.
Bingo. I’d prefer to see him hang, but a needle while strapped to a stainless gurney also works.
Unfortunately, I’m afraid it will be a cold day in hell before we see either. I’m guessing time, but not life and no execution.
That picture at the top.
Man Love Thursdays.
Yeah, you were thinking it too.
I understand that the title of Bergdahl’s book (you know he’ll write one) will be Endless Manlove Thursday: My Five Years With the Taliban. (smile)