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General Category => National/Breaking News => Topic started by: mystery-ak on July 16, 2014, 01:02:39 pm

Title: Bergdahl hires an attorney
Post by: mystery-ak on July 16, 2014, 01:02:39 pm
http://thehill.com/policy/defense/212396-bergdahl-hires-an-attorney (http://thehill.com/policy/defense/212396-bergdahl-hires-an-attorney)

Bergdahl hires an attorney

By Rebecca Shabad - 07/16/14 08:36 AM EDT

Army Sgt. Bowe Bergdahl has hired Yale Law School professor Eugene Fidell as an attorney, Fidell confirmed to The Hill on Wednesday.

Fidell is a full-time lecturer on military justice and previously served as president of the National Institute of Military Justice. He is currently a partner at LeBoeuf, Lamb, Leiby & MacRae and Feldesman Tucker Leifer Fidell, where he serves as counsel.

He has also taught at Harvard Law School and the American University Washington College of Law. From 1969 to 1972, he served as a judge advocate in the Coast Guard.

Bergdahl returned to regular duty earlier this week after completing the final phase of his reintegration process after the Taliban held him captive for nearly five years. He has been assigned to Joint Base San Antonio-Fort Sam Houston and will be assigned administrative tasks, officials said.

Army officials told The Christian Science Monitor that Bergdahl has not yet been advised of his rights or spoken with Army investigators about his 2009 disappearance from his base in Afghanistan.

Investigators are expected to speak to Bergdahl “sometime in the near future,” Army spokesman Wayne Hall told the Monitor. “At this point, he has done nothing to warrant having his rights read to him.”

The Army launched a formal review in mid-June, led by Maj. Gen. Kenneth Dahl, into Bergdahl’s disappearance after fellow soliders accused him of deserting their base in 2009.

The Taliban released Bergdahl in late May in exchange for the release of five Taliban prisoners at Guantanamo Bay.
Title: Re: Bergdahl hires an attorney
Post by: Chieftain on July 16, 2014, 01:18:01 pm
Another good sign that Bowe al Ameriki is going to face an Article 32 hearing very soon.

Still developing.

Title: Re: Bergdahl hires an attorney
Post by: rangerrebew on July 16, 2014, 02:28:41 pm
Who is paying for this high price attorney?  Bergdahl can't afford it on his income.  I doubt the guy would work pro bono since they could take a long time.  I'll bet if we have a money trail to follow it would ultimately lead to Obama.
Title: Re: Bergdahl hires an attorney
Post by: Chieftain on July 16, 2014, 03:37:26 pm
Who is paying for this high price attorney?  Bergdahl can't afford it on his income.  I doubt the guy would work pro bono since they could take a long time.  I'll bet if we have a money trail to follow it would ultimately lead to Obama.

To be determined, but the fact of the moment is that Bowe al Ameriki suddenly saw the need to hire a high powered mouthpiece.  Perhaps he promised a sizable share of the book and movie rights to his story........

 :smokin:
Title: Re: Bergdahl hires an attorney
Post by: PzLdr on July 16, 2014, 06:09:36 pm
Who is paying for this high price attorney?  Bergdahl can't afford it on his income.  I doubt the guy would work pro bono since they could take a long time.  I'll bet if we have a money trail to follow it would ultimately lead to Obama.

Bergdahl's looking at 350 K back pay, and about the same as POW pay.
Title: Re: Bergdahl hires an attorney
Post by: Chieftain on July 16, 2014, 06:26:22 pm
Bergdahl's looking at 350 K back pay, and about the same as POW pay.

I think that too is to be determined.

Title: Re: Bergdahl hires an attorney
Post by: EC on July 16, 2014, 07:12:47 pm
I'm going to follow what Chief said on another thread.

I'll wait.

To me there is zero doubt of Bergdhal's guilt. Yet until he is found guilty, there is that whole "presumption of innocence" thing.
Title: Re: Bergdahl hires an attorney
Post by: Chieftain on July 16, 2014, 07:23:02 pm
I'm going to follow what Chief said on another thread.

I'll wait.

To me there is zero doubt of Bergdhal's guilt. Yet until he is found guilty, there is that whole "presumption of innocence" thing.

Thank EC.  If he was going to get that money immediately, he would have been Administratively Separated with a check.  Since an investigation for an Article 32 hearing is not public, and will not be until a hearing is scheduled, it would appear that nothing is being done.

But specifically because he has been returned to Active Duty and under the direct control of the US Army, and has not received that payment yet, I am convinced that his Article 32 hearing will be announced shortly, and I believe he will indeed be referred to a General Courts Martial.

I counsel patience.  The Army is fully aware that they must do this one by the numbers, and that means maintaining confidentiality.

Title: Re: Bergdahl hires an attorney
Post by: EC on July 16, 2014, 07:33:50 pm
Agreed. Him being put back on the active list is an indication. Nothing more than an an indicator, but it's pretty large print for those who have dealt with it before.

Still - he gets his day in court. Not how we do things, but it's a good principle to have.
Title: Re: Bergdahl hires an attorney
Post by: Saundra Duffy on July 16, 2014, 07:38:56 pm
I don't even trust the military anymore to do the right thing. What a sad thing for me to say.
Title: Re: Bergdahl hires an attorney
Post by: Chieftain on July 16, 2014, 07:52:11 pm
I don't even trust the military anymore to do the right thing. What a sad thing for me to say.

Sad and premature.  Again, I counsel patience.

Title: Re: Bergdahl hires an attorney
Post by: rangerrebew on July 17, 2014, 05:46:28 pm
Do privates and corporals make in excess of $70,000/year?  For him to get $350,000 divided by 5 years = $70,000.  My son just resigned his commission as a Navy Lieutenant and I don't think he was making that much.
Title: Re: Bergdahl hires an attorney
Post by: GourmetDan on July 17, 2014, 08:10:23 pm
Do privates and corporals make in excess of $70,000/year?  For him to get $350,000 divided by 5 years = $70,000.  My son just resigned his commission as a Navy Lieutenant and I don't think he was making that much.

I hear there's a 'bonus' for being a POW...


Title: Re: Bergdahl hires an attorney
Post by: truth_seeker on July 17, 2014, 09:22:18 pm
Recall recently how long the trial took, for Hassan and Ft. Hood. Military justice moves slowly, but it moves.

Title: Re: Bergdahl hires an attorney
Post by: Chieftain on July 17, 2014, 09:41:57 pm
I hear there's a 'bonus' for being a POW...

That's correct, there is.  There is also a Federal statute that prevents you from profiting from your own misconduct, and accidentally becoming a "POW" because you're such a pathetic bleep that even the Taliban won't have you is included under the definition of "misconduct".

If convicted by a General Courts Martial of a serious enough "misconduct", forfeiture of all pay and allowances is usually the first in a long, long line of consequences.  Bowe al Ameriki won't ever see a dime of any POW allowance, of that I am certain.

Title: Re: Bergdahl hires an attorney
Post by: GourmetDan on July 17, 2014, 09:48:04 pm
That's correct, there is.  There is also a Federal statute that prevents you from profiting from your own misconduct, and accidentally becoming a "POW" because you're such a pathetic bleep that even the Taliban won't have you is included under the definition of "misconduct".

If convicted by a General Courts Martial of a serious enough "misconduct", forfeiture of all pay and allowances is usually the first in a long, long line of consequences.  Bowe al Ameriki won't ever see a dime of any POW allowance, of that I am certain.

Hope so.  I was just answering RR's question of a calculated $70k annual pay for a private/corporal...