Bergdahl referred for court martial
Bobo sends us a link to Fox News that reports Bowe Bergdahl, the deserter who was held by the Haqqani Network of terrorists is going to get his court martial;
Army Sgt. Bowe Bergdahl’s high-profile desertion case was referred for trial by court-martial on Monday, in a blow to his defense team which had urged a lower-level referral.
[…]
U.S. Army Forces Command announced Monday that both charges are being referring to a general court-martial.
An arraignment hearing date at Fort Bragg, N.C., has not yet been set.
The lead investigator, General Kenneth Dahl recommended a lesser response from the Army which the Article 36 board ignored apparently. Probably because this case demands justice for the folks who spent a large portion of their lives looking for the little snot-nosed hippie-spawn. He walked away from his post. Period. It doesn’t matter what his reason. If he was supposed to be pulling a PMCS on his vehicle and he walked across post to talk to a general, that would be punishable, too. He disregarded the consequences of his actions, placed his mates in danger, and he didn’t care. Everyone but the politicians can see that he deserves punishment.
Category: Crime
Shazaam! and Fuckin’ A!
Guily as charged.
Sentenced.
Carry out max punishment.
Dig a hole.
Forget.
Just hang the S.O.B. and save the time and money!…and hang that ugly bas-ard hanging onto him, must be his pet squeeze!!
Yep, hang the fucker and be done with it.
Good!!
Kinda blows his defense lawyers plans for their half day holiday season schedule out of the water. But, who cares? After all, they are lawyers.
Bravo to Gen. Abrams for resisting the pressure being applied by the administration, their DOD lackeys, and the media to let this scumbag walk.
I guess General Abrams woke up long enough to realize how serious this was and finally decided make it hurt for Bergy.
Can’t wait for him to leave San Antonio and go spend time in a brig while waiting for his trial.
Suck it Bitch.
I don’t always leave my post to go fight the war for terrorism on my own
(Insert the most interesting man in the world picture here)
But when I do, I leave my rifle behind
*on
No, I think “for” is more appropriate here
Given what I’ve heard, I think you just might be right.
You don’t need a rifle if your Jason Bourne
On behalf of all those that went outside the wire looking for his punk ass I offer nothing but prayers.
From my place in the world that is all I can do.
Godspeed to all…
This calls for a hymn : “Him Him, F*ck him”
Assemble the mighty TAH choir and let us raise our voices in singing our favorite him! And there was much rejoicing!
Nah- A drinking song-
“I knew a gal named Bergdahl……”
Save the hymn for a requiem..
There are not enough words in the dictionary….
Thank God someone had the balls to not knuckle under to political pressure and let military justice handle it.
I think that’s exactly what most of us expected….politics and a polite slap on the ass.
This story made my day! (actually read it yesterday)
I foresee a plea deal.
Busted to E1
Loss of all pay and allowances (suspended, otherwise he’ll probably have to pay back everything since the day he deserted)
no prison time
Bad Conduct Discharge.
with a presidential pardon 19 January 2017
Don’t forget the book deal.
Or the movie starring Tom Cruise.
After all, didn’t Cruise already equate his tough life as a movie star as being the same as today’s combat soldier?
You know that story last week about his podcast… it is actually audio of Bergdahl speaking voluntarily with a movie screenwriter, Mark Boal. Apparently Bergdahl contacted Mark Boal (author of Hurt Locker and Zero Dark Thirty) and their phone conversations were recorded by Mr. Boal. Serial came along with a podcast idea and received permission to use the phone recordings as part of the podcast.
Bottom line is that Bergdahl, for whatever reason, was communicating with a Hollywood screenwriter.
The judge needs to add in language to ensure he can’t profit from his crimes. Hondo would be the expert on that, but I hope it is possible to do.
MSG Eric: not a JAG, so no – I can’t answer that. One of our resident commenters who’s a JAG would have to weigh in on that.
I believe that has indeed happened in civilian criminal trials – for some reason, Son of Sam comes to mind but I’m not sure if that happened there or not. But I have no idea if a military judge can include such a condition as part of sentence or not.
A military judge’s hands may well be tied by the MCM or UCMJ. One or both of those documents may prescribe maximum sentences and not allow any leeway for such an order as part of a court-martial sentence. But I really don’t know for sure.
Yeah yeah, you’re just being humble. lol
Thanks for the update, that was one I was curious about too. I’d like to hope not. Though, even if he does attempt to “profit” and is allowed to, enough people who have directly suffered due to him can sue his whiny little punk ass until he doesn’t have two pennies to rub together.
He did receive lots of back pay. He probably spent it at the pot farm he was at a few months ago.
All they have to do for the jury is play back his little podcast.
Then find a tree…
Have rope will travel.
LARES wake up! Its beating time.
This is the key to understanding Lars.
Bruce Jenner’s new movie she/it looks bad in a Danial Bernath way.
What is the issue?
I said that this was going to be outcome when they rescued him. I am surprised it took them as long as it did.
Rescuing him and then charging him was the right thing to do.
Except they didn’t rescue him. They traded 5 mid-level Taliban/AQ commanders for him…
And some monetary trading occurred too as I recall.
The worst part is, they didn’t need to give up the Tali-5. They could’ve paid for him and got him back.
Just more horrible “negotiating” and “diplomacy” from this administration.
Well John, in the movies, Jason Bourne always manages to escape the heavily armed trial rooms.
Fingers and toes crossed that he gets hammered at the GCM.
I’d be happy to come back on active duty to sit on his jury.
“. . . that he gets HIS DICK hammered FLAT at the GCM.”
There. Fixed it for ya. Your welcome.
All I can say is – ’bout freakin’ time.
Too bad the Army doesn’t hang people any more.
Let’s give them ideas like this to bring it back Brother.
does anyone want to bet he played dancing boy when they got tired of buggering goats
i mean that photo with his captor looks like “hey, look at my new girlfriend”
OH I’m sure they had fun with his ass on many a “Man-love Thursday”, the look on his captor’s face says “LOOK at my cute little POOSHT!”.
I understand Bergdahl’s post-military book is to be titled: “Endless Manlove Thursday: My Five Years With the Taliban”. That photo should be the one on the dust jacket.
In his future memoir, Bergie will be able to tell the world how Leavenworth butt rape compares to Tailban butt rape
http://i64.tinypic.com/1z50qxl.jpg
(chuckling) Love it. Am saving a copy.
I was thinking “My Tallywacker and The Tallyban – Love at First Baaaaa…”
Thank God, an early Christmas present for those who served and died looking for this coward.
I meant the families of those who died looking for this coward..early Christmas/Hannkah/any celebration of this Season…Halleluiah…
And it’s because of those KIA while looking for him that I think he ought to have five cases of Manslaughter leveled against him as well!
Amen, API….AMEN….
I’m probably in the minority here, but I don’t feel that having Bergdahl spend any time in USDB really does any good in the end.I’m not saying that he doesn’t deserve imprisonment, or that he “suffered enough”, but locking him up for a few years after a BCD and calling it even doesn’t absolve him from his crimes and his betrayal of his fellow soldiers. It doesn’t make things “right”.
He deserves a good old fashioned cashiering- rank ripped off, uniform torn, nametapes and any earned badges or medals permanently rescinded and ripped off and stomped on in front of a huge formation. Reduction to E-1, forfeiture of all pay and benefits, to include any money made from book deals or TV/movies about his shitbaggery (with all money sent to the families of the soldiers who died or were severely wounded looking for this little shit), a dishonorable discharge, and a mandate from the Army to write a letter to every single soldier that risked his or her life, or were wounded looking for this shitbag while he went off on his selfish, stupid “adventure”. And for those that were killed looking for this asshat, a letter to the families begging for forgiveness for murdering SSG Clayton Bowen, PFC Morris Walker, SSG Kurt Curtiss, 2LT Darryn Andrews, SSG Michael Murphrey, and PFC Mathew Martinek. Each family should get their own time to sit down with Bergdahl and “express their frustration” for killing their sons, their brothers, their fathers, their husbands.
After that- leave the asshole to live his life in shame. No VA benefits, no GI bill. No government job. No financial benefit for any story told or public appearance. Persona non grata, indefinitely. A lifetime of shame and dishonor can go further and hurt harder than a few years at USDB and a Big Chicken Dinner.
Nah. The time spent at USDB will be used to make sure he doesn’t kill himself and try to skip out on the shame that way. He deserves every last bit of shitting on that he receives.
Fastjack, if he wants to spare us all the time and effort in a court-martial, I see no need in stepping in and spending money, sending him to the USDB just to protect him from himself.
USDB for enlisted men is only for those sentenced to ten years plus of confinement. He’d be sent to a different facility most likely. That doesn’t mean that Bergdahl doesn’t deserve some severe consequences. Dishonorable Discharge, Forfeiture of all pay and allowances, and reduction to E1 are pretty significant punishments in themselves. Plus I believe that once Bergdahl is released from the Army, he needs to be committed to a psych ward and the mental health system for the rest of his life.
Chelsea’s going to get a new Bunkie!!
They can have a 3 way cage match with Nidal.
Last man(?) standing(?) gets their sentenced reduced by 50%
It has been a while since I sat on a Court Martial Board…and yes, with other Board Members, recommended BCD and time at Leavenworth. Never did the research on this, so perhaps others may know the answer to my question. If a Soldier is reduced to an E1, doesnt that mean he will still be drawing E1 Military Pay? At our tax dollar expenses?
Not if he’s also sentenced to “forfeiture of all pay and allowances”.
One of our JAG types will need to weigh in regarding the mechanics. I seem to remember that reduction to E1 is automatic for confinement longer than a certain length of time, but I’m not sure what that length time might be. I also don’t know whether forfeiture becomes automatic if sentenced to a particular type of discharge or if sentenced to confinement for more than a certain length of time.
I never understood “reduction to E1”. I guess it is because he will most likely be sent to Leavenworth, eating free chow, free medical care, making furniture, etc etc?
That’s there because courts-martial have both the authority and option to reduce enlisted personnel in rank/grade – all the way down to E1. They may or may not opt to include a punitive discharge as part of the sentence.
That (reduction but no punitive discharge) does happen sometimes. I saw a guy who came to Korea as an E7 leave (and retire) as an E3, and another who came to Korea as an E8 leave as an E6. Neither received a punitive discharge (BCD or DD).
But if not sentenced to forfeiture, he would get $1,546.80 (E-1 over four months) per month.
That’s a damn shame, that’s only 200 bucks less than I draw in retired pay.
But $200.00 is only two bags of groceries from Wally World, so no big deal.
Article 58a
“Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes
a dishonorable or bad conduct discharge;
confinement; or
hard labor without confinement,
reduces that member to pay grade E-1.
ARMY. The automatic reduction to pay grade E-1 mandated by Article 58a applies only to enlisted soldiers with an approved sentence, whether or not suspended, that includes EITHER a punitive discharge OR confinement of more than 180 days (if adjudged in days) or six months (if adjudged in months). AR 27-10, para. 5-29 e .”
Article 57a
No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).
i thought his back pay was being held still- due to the facts of his detention…
I think prison time or brig time is considered dead time and does not count for pay or benefits.
Unless shit has changed, yes reduction to E1 means, that’s the pay.
He should have hired Hanoi “J” to be his Defense Lawyer…
After all my years in the Navy and Air Force (active and reserve), it never once crossed my mind to go tell an admiral or general how screwed up they were running things. I was too busy fixing jets and supervising my people.
Screw this guy and his excuses. He deserted in a time of war, that’s the bottom line.
Lets imagine for a moment that Bergdahl gets slam dunked at a GCM. Can he get sued in civil court by the families of those who perished looking for him? That could serve as a mechanism to clean him out of cash and make sure any money he makes selling his exploits goes where it belongs.
In most states, a criminal is not allowed to profit from a crime, so books? Royalties won’t go to bergerking here.
I forgot about those protections built in state laws. Thanks for the reminder.
“bergerking”. Nice one.
Does desertion in the face of the enemy still carry a death penalty? Not that they’ll actually do it, but is it still on the books?
Yes, it is. Desertion during wartime is still technically punishable by the death penalty.
You’re almost certainly correct in saying that it won’t happen – it hasn’t since Slovik during World War II. But in this case, it IMO damn well should.
If he were to get the death penalty, POTUS would have to approve it. IIRC, such things are immediately appealed and they go to the president at some point. I doubt the current resident of 1600 Pennsylvania would authorize it since he believes Bergdahl is a hero.
This guy doesn’t deserve a BCD. Desertion in time of war. This has hard DD written all over it. Good luck with that felony status for the rest of your life, stupid.
I Second that!!!
He’ll just move back home with mommy and daddy and be taken care of as a misunderstood poor young muslim.
I second that on his getting a DD! with that he’ll lose his right to vote or own a firearm as well!! I’m all for him getting a reduction to E1 with forefiture of all pay and benefits, a DD with at least ten or twenty years in Leavenworth. THAT hippie-headed Santorum-stained pus-nutted shittyassed dingleberry on the ass end of an inbred buck-toothed Swamp Donkey can be cellmate to Manning as well, FUCK HIM sideways with triple strand concertina wire wrapped in asbestos!
Perhaps him and old Bradly Manning can be roommates in Leavenworth. Maybe start a goat farm when they get out or something.
They can go start their own Middle East themed gay bathhouse for all I care, they’re both a thousand times more worthless than a bucket of roach shit!
Bergdahl can plead not guilty, not guilty due to mental defect, guilty, or nolo contendere. I don’t know how court martial panel members are drawn, but if Bergdahl pleads not guilty, the majority of the members of the panel should be from non combat arms branches. They might be Bergdahl’s chance for an aquittal. If the majority of members are combat arms, then Bergdahl is sunk. Even if Bergdahl requests two senior NCO’s to complete his panel, he’s sunk. He may be able to win a mental defect defense, but he’d still have to do some time in a military psych facility. If the panel finds him guilty, contrary to his pleas, he’ll be dealing with serious consequences. Plea bargain may be his best way to try to take out some of the sting.
He was thrown out of the Coast Guard for mental issues. I won’t even venture to guess how he got in the Army. Now with all the “Jason Bourne” crap he is setting himself up even more for a mental illness “I don’t know what I was doing” defense. He sounds more like a sociopath to me – no one else matters but himself and his opinion. But whatever happens – and I hope the stomp the little cockroach – PLEASE revoke those unwarranted promotions. Every time I see those chevrons I want to strangle the bastard. I think of everyone who has worked so hard to become an NCO and we give it to this sorry excuse for a “soldier”. They didn’t even promote the MOH recipients!
Death penalty? forfeiture? You guys are all far more optimistic than I am. After all, the President of the United-friggin-States has declared his service honorable.
The military realizes that they HAVE to go through this excercise or every millinial that gets bored in the military will do the same the same thing. That said, they won’t throw the book at Bergdahl.
He’ll get some really scary judgment but they’ll find a way that the actual punishment will be the equivalent of “time served” and a fine of a few months pay.
The Hollywood friends of this administration will ensure that the book and movie deals that either have been already been quietly signed or are in negotiations will continue and he’ll get paid. Nothing will fuck with Hollywood’s chance at money for this story or the Administration’s chace to control a narrative around A-stan.
Thats my guess.
If the Jury determines his guilt, the Judge would be hard-pressed to overturn that.
In the worst case, they can find Bergdahl guilty of the most serious crime and he’ll only do a maximum of a year in the pokey because of two words – “presidential pardon”
While it’s good that he’s facing the music here, it ain’t like he’s going to be properly punished.
He’ll most likely get what, reduction in rank, bad conduct discharge, MAYBE a year or so in prison (not likely).
Slap on the wrist compared to the lives he put in danger and the anxiety and stress he placed on people.
That’s sort of my line of thinking. Bergdahl didn’t get any pre-trial confinement because if he had, that would’ve started the trial clock – rather, I believe they would have had to move quickly to get it to a GCM.
I guess at least 5 years in prison, maybe 10. I know noone seems to think that will happen but when someone presents an opportunity to be made an example that usually happens in the Military. But I guess you could get anew ARCOM for following in the footsteps of Jason bourne.
We can only hope.
Yep, someone keep 1SG Moerk away from this one. No more freebie ARCOMs for Blue Falconing.
1SG Moerk? Don’t you mean SP8 Moerk?
…and by the way, if they chalk it up to mental illness he’ll get 100% disability, his parents will probably get caretaker pay, AND he will have POW VA medical preference for the rest of his life. Please prove that scenario wrong!
I’m good with that, just as long as he gets his care from the Phoenix VA hospital. That’s a death sentence right there…
If that’s the case, I’d drive him to Phoenix myself.
I think (or hope) the Army really wants to hammer his nuts. His trail is going to go well into the next administration. The current clown infesting 1600 Pa Ave will be gone, along with his minions.
I wish I could say something but I signed a pice of f&$) paper saying I’d keep my trap closed
so GO FUCK YOUR SELF BAG-A-SHIT my you rot in hell karma is a bitch and one way or another
it’s going to catch up with you…
You guys are so mean. How dare you feel glee for this glorious warrior of the justice crusades. I’m sick to my stomach reading these comments and my vagina is all wrinkled in knots from the pain of your sentiments! #imadouche, #socialjusticewarriorsunited
Again, I am showing my ignorance.
He is/has not been recognized as a Prisoner of War, correct?
Similar to Robert Garwood, Vietnam POW/Deserter as well as other troops from World War II and the Korean War?
Hope the families of those brave men who died looking for him file a Civil Suit against this coward. Similar to another individual from the 1990s that had a Citrus Name.
I believe right now he is considered a POW because he recieved the promotions that would’ve came with it while he was in “captivity”, but I could be wrong.
He recieved automatic promotions and was awarded the POW medal based on the assumption that his conduct was honorable.
While they can’t take back the promotion I’m sure they can rescind the medal. It would be an administrative action taken after his court martial, if he is found guilty of misconduct.
Did Robert Garwood evere get a POW medal?
I’ll go out on a limb and say “no”. Award of the POW Medal requires that conduct in captivity be “honorable”. Collaboration with the enemy would not be “honorable conduct”.
Garwood was convicted of collaboration with the enemy before the creation of the POW Medal, and his appeal to the Court of Military Appeals had already been heard and denied when the POW Medal was created in Nov 1985. The SCOTUS declined to hear his final appeal (thus endorsing the CMA’s decision) in early Dec 1985, less than a month after the POW Medal had been created.
One of the US military personnel held hostage by Iran during the Iranian Hostage Crisis – Joseph Subic – was also later denied the POW Medal for similar reasons (e.g., because he had collaborated with the Iranians).
I see you have read the book by Frank anton, I read that book in 2007. I sure as fuck hope Garwood didn’t get it. Him and bergdahl should go out drinking together.
I’m predicting a show proceeding, a Presidential Pardon at the end of the current term, and a complete rewriting of the General Orders, especially the First :).
There will be no pardon. No possible way.
let’s hope your right Lars
I’m skeptical, especially since he was celebrated in the Rose Garden with the stank ass hippie dad. It would be an embarassment to Jayce the Mind Sculptor. Pardoning this POS would be Obama’s last f@ck you to the military.
If Bergdhal is given a large period of incarceration I could see Obama commuting it to fewer years. But he won’t pardon him.
If he was going to pardon him he would have done it when he was still being considered a rescued “pow”.
Politics is almost irrelevant to the issue now. There is no political payoff for pardoning him and no face for the administration to save at this point. And very little attention is being paid to Berghdal due to the election cycle and more pressing public concerns.
Liberals have not really rallied behind him and any meaningful way (mostly because people recognize he is a deserter) so while some liberals sympathize with him they recognize that desertion cannot go unpunished because a military would collapse at the time we might need it most if we were to tolerate really high profile desertions like this.
The Army referred him to full general court martial. Which leaves a wide range of possible outcomes. The Army may have done it to increase his maximum punishment potential or they may have done it because a general court martial has a full jury so the results would better meet public expectation of due process.
I certainly hope you’re correct, Taylor. However, I’m old enough to remember people in 1974 saying, “There’s no way Ford will pardon Nixon.”
Until 20 January 2017 we won’t know for sure.
Lars, you finally said something that I not only agree with, but also makes some sense. Good for you! Keep it up.
There is precedent. Just look at how many Gitmo graduates The One has effectively pardoned.
A special court-martial (SPCM) also has a “full jury” (a panel)…the minimum membership is smaller (3 versus 5), but in practice the command will bring in a much larger venire…for a high publicity case like this, with a high powered lawyer, the Defense is going to be pushing aggressively to strike members. The procedural rules are the same…at least in practice these days they are.
Also, I have a hard time believing the defense is going to use a panel (military jury) at all…using a military judge instead of a panel tends to moderate the sentences (panels run to the extremes, low and high, more than judges do). They often start with a demand for a partly-enlisted panel…and then change to judge alone later on.
So, going for General instead of Special court-martial suggests that his command wants to keep high sentences on the table(nb: this is not “the Army” per se, but General Abrams at FORSCOM; even that is unusually high level for a court-martial referral).
Lars, what you say is entirely reasonable, but with respect to political payoff: Obama will gain NO political payoff from his latest attempts at gun-grabbing, but he’s still pushing them. Same thing with that idiotic Paris CAGW kabuki theater.
Barry may drop a 23:59 last-second pardon just to piss off his enemies. It’s what the lame duck Democrats did a couple years ago in what was almost literally their last session in Congress.
Send him to federal a** rape prison ! !
Joe Bob,
The proper terminology is “Federal Pound Me in the Ass Prison” (FPMAP).
That picture right there should be enough for a dishonorable with the prison time to go with it.
I have rope and ammo.
Let me have him!
For all the lives wasted searching for your worthless ass after that bullshit stunt you pulled: Reap it you little turd bucket.
just get me 4 tent stakes, a few feet of rope, and some honey. I have the real estate all picked out. An environmentally friendly execution.
Ah, the old “Apache-style” offing.
Probably wouldn’t be allowed by the SCOTUS on 8th Amendment grounds. But apropos IMO nonetheless.
I live and work in the land of Geronimo and Cochise. I’ve picked up a few things here and there.
So now he’s an internet star. Wow. (http://www.foxnews.com/us/2015/12/11/bergdahl-says-left-afghanistan-base-to-expose-leadership-failure/)
Six Soldiers died looking for his worthless ass. He should have been left to rot with the Taliban
Barring that, he should be taken out and shot.
He should still be with them, experiencing “the joy of being the fat bottomed boy”…
A one time pre-trial offer: He gets a General discharge and forfeits any money he receives for writing a book about his experiences.
The heck with that…he still gets his celebrity status and is still young. Probably he’ll get a speaking gig at the “God Damn America” church (where the President used to go), and a platoon of antiwar groupies.
Bergdahl said he was “gathering intel.” Isn’t that something a cavscout says he does because he radios in SALUTE reports? lol
I can only wonder info he was gathering. The flavor of Taliban cockmeat sandwiches perhaps?
Okay, sorry to resurrect a dead thread, but I wanted to share something ref Bergdahl.
My son recommended an NPR (yes, I know) podcast called Serial. They are three episodes into a series on Bergdahl; a fourth should post tomorrow. It includes interviews with Bergdahl himself, with Haqanni network Talibanis, and the soldiers who served with and around him, among others.
It’s actually fascinating. I recommend it.
It hasn’t changed my mind on what should happen to him, but it is fascinating.
https://serialpodcast.org/