Bergdahl’s court martial postponed until after inauguration
Chief Tango sends us a link to ABC News that reports the judge in the Bowe Bergdahl desertion case has postponed the court martial to February next year, ostensibly to iron out some legal issues, but in reality, it pushes the date out far enough that the trial won’t go on during the elections;
A military judge decided Tuesday to delay Bergdahl’s trial from August until February to provide time for resolving disputes over the defense team’s access to classified documents.
[…]
A February start would mean the court-martial could make headlines only weeks after the new commander-in-chief is sworn in as president.
Too bad that Obama won’t get his Rose Garden moment with Bergdahl when the Army cuts him loose with his back pay.
Category: Army News
But of course it is….just gets better every fucking day.
This is fucking horse shit… But then again, everyone already knows that.
This is my surprised face…no really.
I like to think that it is the likelihood that he will be found guilty that is behind the postponement, not that he’ll walk. I am convinced that the Rose Garden welcome-home-hero party is behind the long delays effected to date. How long was it after the investigation was concluded that the decision was finally made to prosecute? Long time, GI. I think the oBaMa regime would like to be gone when the verdict is read and the SOB is shitcanned into Leavenworth.
From your lips to God’s ears, 2/17 Air Cav. Though I wouldn’t put it past the current POTUS to pardon him during a “last day” pardon spree, on the grounds that he’s “suffered enough”.
After all, Cigar-and-Intern-Aficionado Bill Clinton did something similar for Marc Rich – some say at the request of Denise and her “wonder twins”.
Even if Bo scores a pardon, I think we can agree it won’t be long before he steps on his crank. But I don’t think it will be at another pot raid.
I have no doubts Barry will pardon this piece of shit in one of his last days.
I hate to think it-but you might be right. on the other hand, for this POS, jail might be the safest place!
He has a really BIG BULLSEYE on his back and head I don’t give a shit what Obummer does birdshit is toast
Sometimes people meet with unfortunate accidents, just when they think they’ve gotten away with whatever. Know what I mean, jellybean?
I think you’re on the money. They want to avoid the embarrassment, and any collateral damage to Hillary. He’s going to the slammer. Too much evidence and enough young guys now out of the service who can’t be shut up.
Oh no, Berry will not be able to pardon this jerk.
^^^^^HAPPY THOUGHT FOR THE DAY^^^^^
He never was going to.
Ever.
So, why the Rose Garden debacle?
He could have though, even before the trial. That is was Ford did with Nixon, Bush 41 with the Iran Contra folks before complete investigation and trial, while Clinton did the same with the former CIA Director.
What L4C said….
L4C: until the early afternoon of 20 Jan 2017 arrives, he still can.
Explain this, Taylor: Why did the president interject himself in a military justice matter? Was it because he knew how unpopular it was to trade a deserter for 5 Gitmo detainees who were high risk, and by doing so it was a failed attempt at saving face? Go ahead… let’s hear it.
Disagree.
There is a Supreme Case, Ex parte Garland (1867). In the ruling, Justice Stephen J. Field, writing for the Court in a 5-4 decision, held that the President’s pardoning power is ”unlimited,” he further went on to say that ”[his power] extends to every offense known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.”
In Murphy v. Ford (1975), a Federal District Court in Michigan rejected a suit for a declaratory judgment that President Ford’s unconditional pardon of Richard M. Nixon was unconstitutional.
That court found that the President had the constitutional power to grant a pre-indictment pardon, citing Ex parte Garland in its support.
This current case is in Pendency that Ex parte Garland sure seems to cover. Not that the current office holder needs a precedent to do something like this…
I wonder if it makes a difference that it’s a military court martial, not a civilian court?
The fix is in!
The defense is running a Bernath with paper work.
This seems like political nonsense.
I am not sure it would even matter if it occurred during the election season.
So postponing it seems ridiculous.
Lars, I bet you got CS’ed while in a field latrine MORE than once when you see in the Middle East. That is unless you were SO far in the rear you always had porcelain to do your business into!
My team and I was assigned to a combat outpost in Iraq. I think it was regarded as the most austere post in Iraq at the time. At least according to the briefing our commander and CSM received.
Wooden board with holes cut out for shitters and piss trenches until we got porta potties months into the tour. Still kept the piss trench though because they could not maintain the porta potties very often.
In Afghanistan I was in a division HQ at KAF. So yeah, porcelain.
We know you were the CSM driver and supply clerk. So either way you were in the rear most of the time.
You really should stop talking crap about my being a some sort of REMF. Especially since you brief career was spent in jobs essentially outside your MOS and where they could keep extra control over you.
I did my part in these last two wars, honorably, and half the time in extremely austere circumstances. Most of my entire decades long career was in jobs that were far forward of our areas of control with little supervision and minimal support.
With all disagreements aside, thank you for your service.
Not a problem. Thanks for yours as well.
FAR from that, sugarbritches!! I came back in after a NINE YEAR break in service and have a pocketful of awards from each tour in the ME. Seriously lars, I DO see what Psych Professionals refer to as “Projection” in your posts talking trash about mine and other TAH regulars’ Military service. “Projection” was defined by Freud as when one feels so intimidated or threatened by their thoughts or past that they “Project” it onto others much like a convicted felon accusing his Therapist of having done or wanting to do their convicted offense. Given your attitude and mentality, I’m sure you were either RIF’ed or gracefully asked to step aside.
Night-night Lars, you’ve bored the shit out of me to where going to sleep will be VERY easy.
Oh, not to change the subject or anything, but the picture above is the OTHER picture that I hate. I hope that somewhere down the road that slimy, bushy bearded bast*rd got his windpipe crushed.
Hey Lars just between you and I. Would you like to be on the jury for this?
I don’t hate the guy so I really do not care one way or another about being on his jury. I think he is an idiot. Some Joes are stupid. It is not the stupidest thing I have seen a Joe. Other equally or even more stupid Joes; One dumped his weapon and gear in a British army cafe and then climb the wall and ran into the city to try to get a taxi driver take him to the airport. The driver drove him back to the gate of the compound where he was apprehended and returned to his unit. Because he was not caught by enemy militants most have never heard of him. He was reduced to E-1 and continued the tour. Doing several more stupid things. I can’t say the other thing this Joe did because it would bring discredit on the US and the US Army if it were public. But he was a psychopath shitbag. Two Marines decided they wanted to know what it was like to kill someone. So they waited in ambush and attacked a female jogger one morning stabbing her. Then ran back to base. Wear they wrote about their experience in a journal. This was at one of the best assignments in the entire US military with one of the quietest communities with a decades long positive relationship that was altered. Two Marines and a sailor attack a 12 year old Okinawan schoolgirl raping her and putting US/Japanese relations at risk creating immense pressure for the closure of military bases in Okinawa. There was another incident involving two soldiers in Iraq that was flat out a war crime that I will not discuss on this forum because it was never made public. This one was… A psychopath soldier walks out of his compound fully armed. Goes into a village and kills 16 villagers including 9 children and a two year old. All these incidents either happened at bases on which I was assigned at the time of the incident, or directly impacted mission or units I was assigned to as a… Read more »
“Dumb idealistic choice”/ HELL Lars, a number of U.S. Army Personnel were WIA and KIA on missions looking for the smelly little hippie fleabag, don’t their lives matter?
Yes they do. And if the connection is proved to a degree that persuades the sentencing adjudictor it will efect his punishmnet.
The difference is that he committed a stupid niave act that resulted in his capture which resulted in searches which resulted in a death that may not have happened otherwise. That matters and his punishment should reflect that. But those consequences were a result of his capture not the act of leaving itself.
I think the murderers are rapists are worse. Particualry the ones that also left their base.
I think calling what Bergdahl did “a stupid naïve act” is moronic. He is a deserter.
“But those consequences were a result of his capture not the act of leaving itself.”
You can’t have it both ways. His desertion caused his capture. Therefore, his “act of leaving” DID cause a soldier to be killed. Further, the soldier that was killed pays the consequence for Bergdahl’s actions?
How the fuck does that work?
In a court of law he can only be held accountable for his actions.
There is a difference between him leaving base and killing someone and his leaving base, getting captured, and a soldier subsequently being killed in the search for him.
The sentencing will consider the totality of the consequences but the criminal charges generally will only reflect his actions.
What are your thoughts on Article 119?
Culpable negligence resulting in involuntary manslaughter
Specific element:
That this death was the result of an act/or the failure to act on part of the accused in a specific way at a specified time and place .
‘Culpable negligence’ indicates that the accused was more careless than a person guilty of simple negligence (which is absence of due care). The accused can be proven guilty only if the prosecution can establish that he demonstrated gross, wanton, reckless or deliberate disregard for the foreseeable consequences of his action to others.
Bergdahl knew that his unit and others would search for him. You know, bad guys with guns were around.
Close call. I think it is foreseeable that a search would be conducted and lives would be at risk during the search.
Though I do not think this circumstance is how they intended to law to be prosecuted.
You really are that dense. You obviously weren’t worth a DAMN as a US Army Officer and IMHO you’re not even half a moldy ratshit of a man.
Bergdhal was just a naive idiot…But he does not deserve to be hated by half the country for making a dumb idealistic choice. No, he was a good bit worse than that. Read the letter he wrote his father at the time he deserted, as reported in Rolling Stone: “I am ashamed to be an American. And the title of US soldier is just the lie of fools…The US Army is the biggest joke the world has to laugh at. It is the army of liars, backstabbers, fools, and bullies…I am sorry for everything. The horror that is America is disgusting…” That isn’t idealistic or naïve. That is disloyal. For worse details of his character, if you have the time and the stomach, read his interview with General Dahl on this page (and his Article 32 transcript if you wish). The attitude he gives there is even worse. First he tries to wrap his desertion in the flag (more specifically, the Constitution and the Statute of Liberty). Next he paints himself as a Special Forces candidate who shouldn’t’ve been on this deployment with “inferior” Soldiers. In fact, he says part of the reason he deserted was to have a good story to tell the guys at the Special Forces “Q” course. He says he made the decision to desert (though he calls it “DUSTWUN” as if that made it better) after the following incident: He and some other Soldiers were outside the wire doing some digging. They disobeyed orders by taking off their armor while they worked. The battalion commander yelled at them and gave them nonjudicial punishment for disobeying orders. But Bergdahl, in his own mind, knows that that is bad leadership. See, he knows how a battalion commander (a lieutenant colonel) is supposed to lead his troops. So it was obvious to him that the dumb old colonel was just a bad leader, and (in Bergdahl’s story) he just had to go tell the commanding general about this terrible leadership…. What comes through, in the midst of the BS, is simply this: While people treated him like a… Read more »
Well put my friend.
I did not know about what he wrote.
I am sure that is going to effect both his trial and sentencing.
I have no doubt he will be convicted.
Unfortunately, I do doubt it…because as I note below, this delay could create an issue of “unlawful command influence.”
(Trump made some pungent remarks on the case; if he becomes President, the Defense can argue the tribunal has been improperly influenced by the new Commander in Chief and ask for dismissal.)
I hope it doesn’t shake out that way…that the Prosecution has a strong enough argument to prevent the dismissal (and there are arguments to be made). I hope also that conviction and sentence take place, and that both the current and next President leave the case alone. But we will all learn at the same time.
btw, if the trial judge dismisses for UCI, the Prosecution can still appeal and try to get the dismissal reversed. Military law does allow the Government to appeal a decision that eliminates a charge completely. I hate to see them in that position and hope they don’t get there but…they can try that if it happens.
You don’t know “about what he wrote”, but you doubt he will be convicted. Lars, are you off your medication by any chance?
Effect..not the same as affect.
And you claim you don’t understand what I have written!
Anybody home there?
When did I say “I doubt he will be convicted.”
You did NOT say that. My mistake. My apology.
The Judge did the right thing. He just removed the case from the clutches of the Obama regime meaning we may see some justice. The Secretary of Defense, Department of Justice and the Obama minions cannot interfere in the outcome of the Court Martial nor can Obama pardon him if he’s convicted.
Even the occupier himself may not have the stomach to issue a pardon so broad that it would include any and every offense the berger boy might have committed or commit in the future.
Oh, wait. Forgot for a moment that we are not dealing with sane people here. A vindictive fool would do just that. “Yeah, this’ll show them who has the power.” Even as it accomplishes absolutely nothing.
Obumbles will probably order a pardon when he’s out of office, and try to justify it somehow with some sort of bizarre logic.
Brown Neck Gator has it right. A president’s pardon power is nearly unrestricted and, yes, E-6, it applies to military offenses. What a president can’t do is pardon someone before the crime to which a pardon attaches is committed.
What is going on with Bergdahl’s husband’s left hand, in that photo? Maybe he has a wireless shutter release hidden in his palm and is using his index finger to operate it?
That muslim is a LOT bigger than Bowe-boi. As people with indelible stigmas go, Bergdahl has achieved Lewinsky/Tripp/Manning/Snowden recognition.
Lewinsky did not deserve what happened to her, Tripp is a guilty as Judas Iscariot, and you can parse whatever difference there may be between Manning and Snowden from various perspectives.
Tally…that’s a Taliban gang sign for “He make me HOT when he no bathe! Me finger bent so smell of my anal exam of him keep fresh!”
A coincidence I’m sure
I think that the people with common sense in the Army know that thewre is no way in hell that Twatwaffle will get a proper trial with the Obumbler regime in place.
The current regime would be embarrassed if Bergdahl were given a life sentence or sentenced to death.
Obumbler’s people just want this to go away with no further punishment for the shitbag.
This postponement is terrible news.
Even if Obama doesn’t pardon him, if Trump becomes President, the Defense will have a case for dismissal based on unlawful command influence…because of Trump’s comments about the case. And the judge in his case is a very defense-friendly judge…he might go for that.
If Hillary becomes President, she might pardon him.
In general, military justice works a hell of a lot better the faster you do it, and letting the defense put things off a long time is a grave mistake.
Yeah, and people like Lars say it’s the fault of conservatives for making this whole thing a political issue, when it was the president who made it one from the very beginning. Go figure.
The potential UCI is the fault of Trump for commenting on the case as a potential commander-in-chief. The current delays have to do with the handling of classified information, and not with any political issue at all.
I hope if Trump’s elected, his advisors will advise him to walk it back a little. Just enough to say that he understands the case is being handled by a Military Judge, that he will accept whatever the courts do, and that he isn’t planning or encouraging anyone to retaliate against anyone regardless of how the case comes out.
Trump could easily do that without sounding weak — give the man his due; he’s a good talker.
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