Bergdahl’s defense team switches up
According to our friends at Legal Insurrection, the Bergdahl defense team, instead of defending their client from charges that he’s not a traitor, are going to blame the President and campaign rhetoric. They’ve put together this video of more than two years of Trump calling Bergdahl a traitor.
From The Hill;
Lawyers for former prisoner of war and Army Sgt. Bowe Bergdahl made good on their promise to call for his case to be dismissed based on President Trump’s campaign comments against him, filing a motion on Inauguration Day.
[…]
“President Trump has made it impossible for SGT Bergdahl to obtain a fair trial,” his lawyers wrote in the 57-page filing, complete with a screenshot of a Trump tweet about Bergdahl and photos of Trump pantomiming executions at this rallies. “President Trump transformed his rallies into a televised traveling lynch mob. Justice cannot be done and public confidence in military justice cannot be maintained under these circumstances.”
Category: Legal
Bundle up his tail and air-drop him sans parachute into Afghanistan.
I like that… he can “experience the joy of being the fat bottomed boy” once again!
I can call him a lot worse than traitor! And among the traitors are the asshole lawyers trying to protect this scum without a thought to the real soldiers that were wounded or killed looking for the worthless wart on the ass of humanity…save the money, line up a firing squad, 6 months from now they will say “bird dog who?”imho
I would think leaving his post to go join the enemy would make it hard for tuck-nut to get a fair trial, but then again I’m not a lawyer
Maybe it depends upon the meaning of “fair.”
Does he have handlers/body guards as he walks around Fort Bragg? I wonder if your aloud to use his name in a running cadence. TRAITER TRATIER cant you see this P.T is fun for me.
Oh, that’s a good one! Can’t think of a better way for the name of Bowe Bergdahl to live in infamy.
Like Benedict Arnold.
So, if one (and I am one) didn’t attend one of these rallies or otherwise view, read, or hear any of Trump’s comments regarding the traitor, his defense team has decided to best ensure that more people get the message through this one-stop video. Yeah, that makes sense.
By that reasoning, I suppose the former community organizer and president, that Baracka guy, despoiled the waters by calling Bergdahl and hero and staging a welcome-home ceremony with Bergdahl’s parents.
He also called Ft Hood “workplace violence” so does that mean Nidal Hassan’s trial was burdened by undue command influence and he should be re-tried at GTMO?
Bergdahl missed his opportunity before Obama left office. If he had identified as a gay Afghan goat, I’m guessing Barry would’ve pardoned him. But, his loss.
Yes, Bergboi would have qualified as a special suspect class member, the gay trans-species, new gender discriminated against because they engage in inter-species love.
I had a long and drawn out argument back n’ forth with someone who was defending Manning. Her only concern was that I was offensive because I kept calling manning “he”. And that’s how he received clemency from Obama, sympathy for that one thing.
It didn’t matter what else I had to say, it was “you must respect HER because of what she’s going thru!” and my response was I don’t have any respect for him because he’s a traitor and probably doing the transgender thing because of this very sympathetic thing. “ohhhh, poor chelsea!” I’m of the same mind as Mattis in regards to that whole issue. But, Manning, nor Bergdahl deserve any respect on any issue. Fuck them both with a barn door.
Preach it.
Insert DRY barn door sideways. KY is not permitted.
I would certainly bring that up in response. If Trump’s rhetoric helped the prosecution, then BHO’s helped the defense.
Of course, once one attempts to defend the indefensible, no contortion of logic or law is off limits.
It might not be enough to get the case dismissed at this time, but it might be enough to get an appeal heard later.
We shall see how it all plays out.
This is just not that freaking hard. Send him back to Afghanistan- Court Martial him in the field due to exigencies of service, assemble a panel of 3 officers, (two 2d Lieutenants and a Captain) and send him out on patrol (unarmed, as a community relations specialist) while his sentence is being appealed.
His promotion to Sergeant should be stripped from him, since Desertion should carry an automatic Bar to Re-Enlistment and all favorable personnel actions are suspended until the Bar is resolved.
It’s a win for everyone. Bergdahl gets to go back to the country he loves, we stop paying him, and the troops get the benefit of his knowledge about Man-Boy Love Thursdays.
Fine. Put him in front of Judge Judy. She can rip his lawyers a new one.
This whole ‘fair trial’ whine is bull shit. Everyone knows what that little spurius did, and how many people’s lives were ended in the search for him. If it’s just campaign rhetoric they’re afraid of, why didn’t they ask for a news outage about bergerbutt when he was finally returned to US hands? He’s a scumbag, nothing else.
But if his lawyers want to pussyfoot around about this, there’s always that lawsuit thing available to the families of those whose lives were lost or were injured in the search for bergerbutt.
All I would say is that his lawyers are doing their job as best they can. They provide his defense as best as possible. In this case, they know he’s guilty as hell and can only do the technicality options as well as trying to reduce his sentence as best as possible.
Though it would be hilarious to see Judge Judy trying his case. They could put that on pay per view and fix the national debt.
Little Bobo needs to realize that if that’s all his defense attorneys have, he’s fairly well fooked. Insh’allah, bitch!
We should arrange to trade him for those five commanders back. If they refuse, we should blow up the five commanders and give him back. If they refuse, we should blow them up, and put him in the middle of the rubble. If he refuses, we should him blow him up. Problem solved, problem staying solved.
Be careful about all that blowing up. Bergdahl might get excited hearing about all the blowing going on he’ll be sent to provide.
Every time I see that cocksucker, I want to rip those Sergeant stripes off.
No matter how they dress it up, he deserted in the face of the enemy. Whatever else went on, they’ve got him dead to rights on that.
Send him back to A’stan for Man Love Thursday. I’m sure he misses it.
Why do you think he was invited to the White House?
Ouch!
So how many years you think Berghdahl will get in Military Prison? Is military prison worse than normal Fed prison?
How disappointed was Bergdahl to not get a last minute pardon as a final “screw you!” to the Trump administration from Obama?
Now Bergdahl’s probably thinking he should have gone “full Chelsea” and changed his name to Rainbow Bergdahl and started wearing women’s clothes.
Bergdahl and his Attorneys, FUCK ‘EM ALL.
Trump wasn’t President when he made those statements He was a private citizen running for office. He can say anything he wants.
His defense attorneys all claim that there were no military personnel wounded or killed looking for Bergdahl. Even General Dahl said the same.
HOWEVER, there are numerous links to soldiers that say troops WERE wounded or killed looking for Bergdahl.
I don’t know if any of you have heard of Navy SEAL James Hatch, but he was wounded and his dog Spike was killed in an ambush when they were on a mission to rescue Bergdahl.
http://www.stripes.com/news/navy-seal-dog-handler-how-a-failed-mission-to-rescue-bowe-bergdahl-caused-irreparable-loss-1.385511
http://www.cnn.com/2015/09/11/politics/navy-seal-bowe-bergdahl-anderson-cooper/
http://therealrevo.com/blog/?p=139431
I believe the troops in the field.
Bergdahl should be found guilty on all charges; stripped of his rank, awards, benefits including back pay; not be permitted to enter into any movie/book deals or financially benefit from them; and serve time in prison.
You forgot the crow cage hanging at the front gate.
Ah, yes – those book/movie deals, post-trial or post-prison. In some states there are laws in place that prevent a criminal from profiting from a crime, and the profit part includes book and movie deals. The money from that goes to the families of victims.
Should berdbrain here think he can get out of this and have his pockets loaded, not so. Same with MISTER Mannlessing: he might get out of jail free but if there’s a law in place that bars him from making money from his phony whine, he won’t get any of it.
So basically Bergdahl is afraid he’s going to be blamed for what he has done. The main worry most perps have when on trial.
Hahaha they must have gotten the memo from The Don that simply read “we’re coming”.
AKA Daddy.
that’s President Daddy now ^_^
“mom, dad
The future is too good to waste on lies. And life is way too short to care for the damnation of others, as well as to spend it helping fools with their ideas that are wrong. I have seen their ideas and I am ashamed to even be american. The horror of the self-righteous arrogance that they thrive in. It is all revolting. […] [Three good sergeants had been forced to move to another company] […] and one of the biggest shit bags is being put in charge of the team. […] [My battalion commander was] a conceited old fool. […] In the US army you are cut down for being honest… but if you are a conceited brown nosing shit bag you will be allowed to do what ever you want, and you will be handed your higher rank… The system is wrong. 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. The few good SGTs are getting out as soon as they can, […] I am sorry for everything here. These people need help, yet what they get is the most conceited country in the world telling them that they are nothing and that they are stupid, that they have no idea how to live… We don’t even care when we hear each other talk about running their children down in the dirt streets with our armored trucks… We make fun of them in front of their faces, and laugh at them for not understanding we are insulting them […] I am sorry for everything. The horror that is america is disgusting. There are a few more boxes coming to you guys. Feel free to open them, and use them.”
Bergdahl can go fuck himself .
I said this in another thread on this site, but this is very troubling.
In essence, the lawyers are saying that the men and women – the military men and women – do not have the honor and integrity to render a fair verdict based on the evidence presented in a court of law..
I have serious issues with that type of prejudging of people.
It also seems to put a restriction on what private citizens can say simply because they are running for office.
During the Manson Family trial, Manson held up a newspaper whose headline read “MANSON GUILTY SAYS NIXON.”
The defense said that as Nixon had already declared that Manson was guilty, the jury would be hopelessly prejudiced against their client. They wanted a mistrial. They did not get it.
I see no difference between that incident and the Bergdahl case. Trump is not on the jury. If anything, the weight of the statements by a President and private citizen are not the same. Trump has not said anything as president about the case. He has not said anything as Commander in Chief about the case.
This is a “Hail Mary” from the defense team and should be seen as not only that, but a slap in the face of every honorable man and woman who ever served.
Those lawyers are saying military men and women don’t have honor or integrity, and they’re defending a deserter?
Oh, that is just priceless! Five minutes of their time in a room with me and a closed door might change their minds.
I think that is one of the ways their defense can be taken. After all, they are saying that the men and women who sit in the jury box and take an oath to decide the case only on the evidence can not be trusted to do so.
To me, I see that as a slap in the face of the military and people who take oaths seriously. (Like moi, for example.)
But that’s just me. Your mileage may vary.
“Justice cannot be done and public confidence in military justice cannot be maintained under these circumstances.” Too bad they didn’t employ this philosophy when they maliciously convicted MSG John Hatley with NO EVIDENCE and the lying testimony of two turds under his command.
[T]he Bergdahl defense team, instead of defending their client from charges that he’s not a traitor, are going to blame the President and campaign rhetoric.
Incorrect. This is not an “either/or” proposition. You can raise unlawful command influence issues before trial, and still put on the best defense possible at trial. Likewise, you can try to get cases dismissed before trial on various other grounds…or get the vital evidence suppressed…yet still defend them if you get to trial.
In essence, the lawyers are saying that the men and women – the military men and women – do not have the honor and integrity to render a fair verdict based on the evidence presented in a court of law.
Incorrect. Unlawful command influence is unlawful even if it only creates the appearance of influence. So, if your two-star mouths off that he wants to see drug cases get the maximum…you don’t have to prove that the panel members weren’t “influenced” by their division commander. The appearance is too obvious; you get relief.
In a famous case from the 80’s, Marine Corps panel members convicted a guy of dealing drugs…but before sentencing, they attended a lecture by the Commandant, talking about drugs and how bad they are. The sentence they passed the next day was overturned, because the “confluence of substance and timing” just made it look wrong.
So, no, it’s off base to take this kind of argument personally, on your own behalf or any Soldier’s.
To hell with Bergdahl, but his lawyers are not doing anything wrong by raising this issue.
Incorrect. Unlawful command influence is unlawful even if it only creates the appearance of influence……
That would be true except in this case, the command authority has not said a word about the case. Not one peep. Not one syllable
When the statements were made, Trump was just a guy on the streets. A regular citizen. As such, he is entitled to his own opinion.
There is no “command influence” because he was not in command at the time.
Once again, I stand by the fact that the defense is saying that statements made outside of the military chain of command can and will somehow override their oath to be fair and impartial.
You’re missing the point about “apparent” UCI. In the Marine Corps case I mentioned, the Military Judge went out of his way to undo the “damage” by the Commandant’s speech. He himself declared that he was not being influenced by it, and instructed the members not to be. And he asked each panel member, on the record, whether his vote on sentence was going to be affected by that speech; and each member confirmed that, no, he wasn’t going to be influenced at all.
And the appellate court still reversed the sentence. Because it just looked wrong. (This is a good thing. Otherwise judges and members could always defeat UCI just by making the right pious noises about how independent they are, and the law would have no teeth.)
In the law of UCI, it doesn’t matter if the members were really influenced. It’s enough if it even looks that way…and a speech like that from the Commandant himself right before sentencing could not help but have that appearance.
Now, the fact that Trump wasn’t yet President may make a difference in whether this motion works or not…the law of UCI hasn’t extended that far so far. But it’s right and proper for the lawyers to try it.
And any lawyer who refused to raise an issue like this because he was afraid strangers would (quite wrongly) feel insulted by it…would not deserve to be a lawyer at all.
I have absolutely NO problem describing Bergdahl as a TRAITOR. He deserves nothing less than hanging (or a firing squad).
I don’t give 2 shits if anybody thinks differently – they obviously have brains smaller than rat droppings.
President Trump came to the correct conclusion also. If you (whatever scumbag you are) disagrees then I suggest you put one thumb in your mouth and suck on it and the other thumb deep up your ass. Then on the count of 10 play “switch”.
Bergdahl is as much a cunt as Obama is – they deserve each other.
Word.