BREAKING...Charges against Bergdahl referred to trial by court-martial

[mystery-ak]

http://www.foxnews.com/politics/2015/12/14/charges-against-bergdahl-referred-to-trial-by-court-martial.html?intcmp=hpbt1

Charges against Bergdahl referred to trial by court-martial
Published December 14, 2015 FoxNews.com

DEVELOPING ...

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.

Bergdahl was released from captivity last year in exchange for five Taliban detainees from Guantanamo Bay. He was later charged with desertion and misbehavior before the enemy, accused of abandoning his post before he was captured.

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.

Eugene Fidell, Bergdahl's attorney, said the convening authority did not follow the advice of the preliminary hearing officer who had recommended Bergdahl's case be moved only to a special misdemeanor-level military court.

Fidell said in a statement Monday that he had hoped the case would not go in this direction.

Bergdahl, of Hailey, Idaho, was held by the Taliban for nearly five years after he walked off his post in Afghanistan on June 30, 2009.

[mystery-ak]

YES!

[flowers]

Obama not pleased.

[truth_seeker]

The guy was discharged from the US Coast Guard basic training, after only 26 days, for "psychological reasons," but then eventually got into the Army.

I am NOT dismissing what he did, or excusing him. But I think evidence may show he has some form of mental illness.

Mental illness is NOT a black-white, binary choice. It is a continuum.

https://en.wikipedia.org/wiki/Bowe_Bergdahl

For his defense, an alternative to going to trial, would be a pleading to guilty with mitigating factors for sentencing, being mental illness/condition.

[Bigun]

Obama not pleased.

TFB!

[Scottftlc]

Ummm can we get back the 5 terrorists we traded for him?   No...oh, they're going into the propane business in Missouri, how nice.   

[rangerrebew]

Based on all the total and partial lies coming from both the Pentagon and WH of late, I wouldn't write this off as a conviction yet and certainly don't believe he will get much other than a slap on the wrist.  I'm sure the "proper" hearing officers had to be located who know what their CIC expects from them, evidence not being a major factor in their decision.  If they don't give the right verdict, they must remember all the officer corps(es) that have been cashiered in the past 7 years for far less than finding Bergdahl guilty of treason.  Those who vote for guilty can depend on their careers being over and everyone knows it.  It is a powerful incentive to see things the CIC's way.  This is nothing more than a cookie  to mollify the military for votes in 2016 and has little to do with his actual guilt or innocence.

[Bigun]

Ummm can we get back the 5 terrorists we traded for him?   No...oh, they're going into the propane business in Missouri, how nice.   

And we had better not look at their social media postings while trying to catch them either!

[GourmetDan]

Those who vote for guilty can depend on their careers being over and everyone knows it.  It is a powerful incentive to see things the CIC's way.  This is nothing more than a cookie  to mollify the military for votes in 2016 and has little to do with his actual guilt or innocence.

Yep... no desertion conviction will be forthcoming.

This is just a minor appeasement before the full acquittal...

[Sanguine]

Yep... no desertion conviction will be forthcoming.

This is just a minor appeasement before the full acquittal...

You might be underestimating the disgust that many in the military have for Bergdahl's actions. 

[rangerrebew]

You might be underestimating the disgust that many in the military have for Bergdahl's actions.

I doubt there is anyone in the military who has any sympathy for Bergdahl.  However, senior officers who sit on the court martial board might be more concerned about their retirements than Bergdahl.

[PzLdr]

His case was referred to a General Court Martial, the one comprised of either officers, or senior enlisted [ Bergdahl's choice]. Unlike a special or summary court martial, the General Court allows for the most serious penalties. Can he still get acquitted? Yes. Can he still get a more lenient sentence? Yes. BUT a lighter punishment is not automatic like it would be with a lesser Court.

In that sense, at least, the Army just stuck it to Barry and Bo.

[truth_seeker]

His case was referred to a General Court Martial, the one comprised of either officers, or senior enlisted [ Bergdahl's choice]. Unlike a special or summary court martial, the General Court allows for the most serious penalties. Can he still get acquitted? Yes. Can he still get a more lenient sentence? Yes. BUT a lighter punishment is not automatic like it would be with a lesser Court.

In that sense, at least, the Army just stuck it to Barry and Bo.

You have actual experience with the military, and/or with the law right?

[Bigun]

You have actual experience with the military, and/or with the law right?

It's all in the Manual for Courts Martial if you care to download and read it!


http://www.apd.army.mil/pdffiles/mcm.pdf

[PzLdr]

You have actual experience with the military, and/or with the law right?

Spent a little less than 4 years in the Army. Armor officer. Sat on Courts Martial. So, unless a hell of a lot has changed, I have a working knowledge of the UCMJ. Spent 26 years as a Prosecutor, but civilian criminal law, and military law are quite different.

[truth_seeker]

Spent a little less than 4 years in the Army. Armor officer. Sat on Courts Martial. So, unless a hell of a lot has changed, I have a working knowledge of the UCMJ. Spent 26 years as a Prosecutor, but civilian criminal law, and military law are quite different.

Thanks. I spent only two years, as a Personnel Specialist, with spare time to read, read, read manuals.

Everything passed by my desk, in order to prepare Morning Reports by 11 AM, for four companies.

[DCPatriot]

Please tell me...or correct me.

No presidential pardon can be decreed until AFTER a conviction, correct?

Was hoping that they could mimic the Obama Administration and 'slow-roll' the trial date, etc., until after January 21, 2017.

[PzLdr]

Please tell me...or correct me.

No presidential pardon can be decreed until AFTER a conviction, correct?

Was hoping that they could mimic the Obama Administration and 'slow-roll' the trial date, etc., until after January 21, 2017.

Sorry. Jerry Ford issued Nixon a pardon before Nixon was charged with anything.

[DCPatriot]

Sorry. Jerry Ford issued Nixon a pardon before Nixon was charged with anything.

Thank you, sir!

In that case, we all know what's going to happen next year.  Hope he does it BEFORE the election, but my gut says, he'll wait until the morning of January 20, 2017...while the motorcade waits for him in front of the White House to to to the swearing in at the Capitol.

[GourmetDan]

Spent a little less than 4 years in the Army. Armor officer. Sat on Courts Martial. So, unless a hell of a lot has changed, I have a working knowledge of the UCMJ. Spent 26 years as a Prosecutor, but civilian criminal law, and military law are quite different.

Well... it's a good thing you told us that or we wouldn't have been able to believe a damned thing you say...