The U C M J and the traitor bergdahl

[old2soon]

Just from what I remember isn't desertion in the face of the enemy punishable by up to and including death? Course we all KNOW how the obuminater treated the traitor and is family-it was on national  television. Moderators-we REALLY NEED a puking emotion. The only thing worse-I M H O-other than desertion in the face of the enemy is giving U S of A secrets to the enemy and aid and comfort to the enemy. I really hope the Army does the right thing where this despicable turd is concerned. The proper thing to do with a despicable turd is flush it. Didn't this sorry assed excuse for a soldier-he IS an insult to real Soldiers-cost some lives on the search that was looking for him? This sorry assed excuse IS an insult to any of us that have served and an insult to those he was SWORN to protect. Lots of us ex Military members feel like our Oath is STILL in effect. Jess-I especially want to hear from you my friend.  RIDE SAFE.

[NewValker]

Get the rope...
Craig

[Patrick]

I doubt much if anything will be done until at least 2017.  Politics is all encompassing.

[Alpha Dog]

They are stonewalling the trial plain and simple,  may not happen until 2017  as it would be an embarrassment to Shemp II.  Clearly this is coming from the WH.  Six real and brave soldiers died in patrols to find this Pos.
Chuck

[Karen]

He thought he was Jason Bourne. The obfuscation by the WH, they really DO think we are that stupid. Well, they were voted in twice, weren't they? Five well fed and rested jihadists sent back to where they can continue towards their sworn objective, our demise, in return for his sorry A$$.
I was struck, on the day of the Boston Marathon bombing, when I heard the kids playing on the street behind our house, that we had been hurt terribly, but not mortally. I was also struck on 9/11, after watching events unfold on TV before going in to work very late, where everyone was watching events unfold on TV, when I was able to use an ATM to get cash. We had a jihadist shot a mile from our house when he refused to put down his knife. San Bernardino. At last, the Pentagon is not agreeing with the White House narrative. What is it going to take to get rid of the rules of engagement and allow our military to protect us? Not going to hold my breath and wait... 

[Jess from VA]

Dennis, I have already posted my thoughts on him and his case several times.

The case has long since been investigated, statements taken, evidence assembled, charges prepared, ducks lined up.  It is probably the best prepared case in military history. 

To obtain a favorable sentence cap (plea agreement), he and his lawyer are probably already prepared to plead guilty to all or most of the charges.  A conviction may be only one day away, once the case moves forward.  Taking this to a military jury would seem to be very very risky indeed (esp if it is rolled forward as a capital case).

As I said before, no case may be brought until the Zero is gone.  Why go through a trial and ordinary appellate review as long as a pardon seems to be waiting in the wings (and once pardoned after conviction, that's all she wrote; there is no appeal from a pardon).  One hopes speedy trial rights have been waived by the deserter.

It is said that justice delayed is justice denied,  but in this case there may be no justice at all if trial is not delayed.  

Look up unlawful command influence.  Usually it is a case of a commander using his influence to secure a conviction, or higher/harsher punishment, but here it would be the other way around.  

He may not be sitting in jail, but he is fully under control in his daily life (and his enlistment can be extended for the convenience of the G any time).  The sword of damocles is hanging by the single horse hair and I'm sure he knows it.  One would think he has few friends among his brothers in arms.

[MP]

Dennis

I  am afraid that they will find a way to let him go.  Time served, stress of being prisoner, something.  I truly hope not, but that is my prediction.

What I would like to have done, Willow would ban me if I wrote it.

MP

[..]

We have to remember the foul man in the whit house fawning over the traitors parent.

Shooting his mouth off before all facts were known. This has become a narcisstic habit. He makes himself look ever more arrogant each time he does it. He also makes himself and the USA look stupid to the rest of the world.

But his supporters still think he's able to deliver "hope and change" to better the USA. Idiots.

http://www.businessinsider.com/bowe-bergdahl-parents-obama-statement-pow-freed-return-2014-5?op=1

[Master Blaster]

The SOB didn't want to come back, he was crying while they were waiting for the chopper.  His buddies were reassuring him that this was helping the cause.  What a coup to trade that dirt bag for the five leaders.  They must still be laughing about how stupid the US leadership is.  He should be put against the wall in front of a firing squad, but probably nothing will happen, politics will make sure of that.  I think that they even gave him all his back pay.   Sounds like now they are trying to make him a hero, didn't work when he was released, and won't work now.

[PAVALKER]

Whole thing makes me sick.  From the exchange, to his Muslim looking father speaking at the White House, to this trial.   A strategically placed speeding piece, or more,  of hot lead would be my vision of a perfect outcome.  No pardon can call it back in the muzzle.

[scooperhsd]

First off - it's NOT a jury - its a Courts martial board. All such boards have an odd numbered number of officers who are at least equal in grade to the service member being tried, and an enlisted member can have  enlisted members on the board as well (max number to be one less than the number of officers ) (not going to help Bergdahl). This board has the power to post questions to the presiding judge (who IS a practicing military attorney, usually O-5 / O-6 paygrade). The judge is mostly there to ensure procedures are followed and to instruct the board members. This is for a "Special" or "General" Courts Martial (Bergdahl's case will not be sent to a Summary Courts Martial board). I can't imagine Bergdahl getting anything less than Life, and maybe death penalty (military justice tends to be heavy handed on punishment).

There is an appeal process via military channels, and THEN it can go through federal civilian courts on appeal.

At least that was the way it was while I was in the service - and things like this don't change without good reason. And yes - I did serve on one courts martial board.

[Jess from VA]

I called it a jury to keep it simple.  I was JAG, and we called them juries too (it's shorter than court martial board or court panel).  Same job, a few different rules.

The big difference is military juries are highly educated people.  Not what most civilian attorneys (and defendants) want.   You try to bullshit a military jury at your own peril.  

In my years of military practice, I never tried a case where the defendant requested enlisted men on his panel (it happens, but pretty rare).  Defense counsel know better.  If you request enlisted men, you get top E8-9 career senior enlisted men who are far less forgiving and kind hearted than the junior officers they will replace on the panel.

I could be wrong, but would not be surprised to see him granted a pretrial agreement (plea bargain) for something less than life.  

He has been pretty close lipped in public, but his comments about running away to draw attention to an alleged failure of leadership of his unit smells just like male bovine fecal matter.

[scooperhsd]

Since you were JAG - you know this far better than I do - I hope I wasn't too far off  (I've been off active duty 20 years now).

And I'd agree with your assessment of the enlisted members of a board. To a man (or woman) - individuals that got that far were top performers and were good role models for Junior officers to learn from.

[Jess from VA]

You weren't far off at all.  

On the senior enlisted vs Jr officer juror thing, I see it not so much a matter of training (all officers have a BS/BA), but rather a) the longer you serve, the crustier you get, and b) the older you get, the wiser you are about crime and punishment (call it conservatism).  

And one other thing, if some crusty E9 gets called to a court martial as a member of the panel, he knows it's because the enlisted defendant requested enlisted members.  The last thing that E9 going to do is give the impression that his judgment would be swayed just because the defendant is an enlisted man.  He expects enlisted men to be every bit as steadfast and loyal and committed to service as any college-boy officer (in fact, he pretty much demands it).

Think of R Lee Ermey sitting on your jury.  If you're the defendant (or his lawyer), you'd rather have any 2d Lt they can find (except a mustang); preferably someone in supply or medical, or maybe the band.  

Ermy Quote:  I firmly believe that you live and learn, and if you don't learn from past mistakes, then you need to be drug out and shot.   Now if I'm the prosecutor, he's my kind of guy.

Ermy was an E6 when he was medically discharged in '72.  But, he was given an honorary promotion to E7 in 2002 by the Commandant,  the only time in US history that was ever done.

[old2soon]

Can zero pardon the rhoid that Is bergdahl before he leaves office? AND should the obuminater pardon the rhoid is it then over forever? If THAT particular possibility exists I would NOT put it past him to do another end run. Just the THOUGHT that bergdahl MIGHT breath free air is VERY distressing. Just the THOUGHT of him NOT paying for his crimes is almost as bad as the hildbeastbitch not paying for her crimes. The idea this SONOFABITCH could get off is bovine excreetment. RIDE SAFE.

[Jess from VA]

There is no pardon for possible future convictions.

Course, he's never felt constrained by rule of law, but he wouldn't like being embarrassed.

In the lead up to the election, he could trade his full support to Hilda for Hilda's future pardon.

We need movement on the Hilda investigation, hopefully sometime before the election.

If the AG won't move on it, it needs leaked in it's entirely, and a congressional special prosecutor (assuming there is something decent worth prosecuting in it).

[old2soon]

Read on my home page where this traitor P O S effin waste of space lower than whale crap turd will be getting a General Court Martial. He "MIGHT" get a life sentence BUT with his friend the obuminater he "could" end up with a-shudder-pardon!  If anyone needs to spend the rest of his days making little rocks outa big rocks-dis be dat dud.  We could increase the degree of difficulty by having this scum bag sumbitch make the little ones from big ones with his bare hands. I've heard that 6 Good Men died because of this useless specimen.  Oh-B T W-looks as if he got his Sargent stripes while he was "away"!  IF the Court puts him away he NEEDS to stay AWAY. RIDE SAFE.

[Jess from VA]

Remember that while an active duty member stays in POW captivity status, he is eligible for all time-in-grade raises, back pay, promotions, yada that everyone else would be eligible for (military service is federal service and has it's own labor law DOPMA).  This is mostly a good and fair rule, and can sure help a wife and kids waiting at home.  These benefits can be stopped before they happen or maybe removed after granted, but only for cause with due process right to notice and hearing, and maybe appeals. 

In a case like this, command is not going to screw around jumping through the required due process hoops to stop pay and promotion, or give him an Art 15, or some piecemeal types of punishment or administrative sanction.  It all goes in the General Court.... from which you can get a DD or BCD, reduction to the lowest enlisted grade, total forfeiture of pay and allowances, and confinement for a period of years (or death).   

The thing is, in most cases the Court is only a month or two away, not an election away.

[PAVALKER]

http://www.allenbwest.com/2015/12/breaking-u-s-army-just-made-huge-announcement-in-bowe-bergdahl-case/

[scooperhsd]

Yep - I heard the news on the way home and on the CBS evening National news - General Courtmartial for desertion and bad Behavior in the face of the enemy. Max penalty - Life in prison.

Without  a pretrial plea bargain - odds that Bergdahl gets less than life are very slim. Even a new graduate 2nd LT would see that he needs this. But I don't think they'll be use 2LTs for this - I see more like Captains and Majors being the panel (at least the head and the majority of the panel). It might even be higher grade officers.

[3fan4life]

Obummer won't be out of office until Jan 2017.

Can the Army drag this out until then ?

[PAVALKER]

Obummer won't be out of office until Jan 2017.

Can the Army drag this out until then ?

Its the Army, of course they can.  They been dragging it along all this time....

[Jess from VA]

Obummer won't be out of office until Jan 2017.

Can the Army drag this out until then ?

No.  Speedy trial rights/rules start with rolling the charges.  

Not unless the defense waives speedy trial rules.... like requesting more time for A or B and it is granted.  And this would be weeks/month, not a year.

[old2soon]

Obummer won't be out of office until Jan 2017.

Can the Army drag this out until then ?

No.  Speedy trial rights/rules start with rolling the charges.  

Not unless the defense waives speedy trial rules.... like requesting more time for A or B and it is granted.  And this would be weeks/month, not a year.

            Odds on zero givin a pardon to the ratbasturdsumbitch?? RIDE SAFE.

[Jess from VA]

Obummer won't be out of office until Jan 2017.

Can the Army drag this out until then ?

No.  Speedy trial rights/rules start with rolling the charges.  

Not unless the defense waives speedy trial rules.... like requesting more time for A or B and it is granted. And this would be weeks/month, not a year.

           Odds on zero givin a pardon to the ratbasturdsumbitch?? RIDE SAFE.

First, you need a serious conviction and sentence.  With all the investigation and prep time, the prosecution case could take a while, there is probably a lot of relevant evidence.  I doubt the defense case will take long.  

If a conviction is obtained (with at least a BCD), then there is automatic appeal to the the US Army Court of Military Review.  Then, if relief is not granted to B's satisfaction, he may appeal to the US Court of Appeals for the Armed Forces.  This review process could take longer than Zero has left (and may be why they have delayed so long, but no longer).  He could grant a pardon during appellate review, but most presidents would not do it.  Having your conviction overturned on appeal is better for you than being granted a pardon.

Who knows what rattles around in his Machiavellian little mind?  Granting a pardon (after all the facts are in, a full trial is held, and the jury has spoken.... or even after a plea bargain with a guilty plea) would cause a crap storm of controversy, just what he appears to enjoy.

And speaking of controversy, let's see the list of pardons he throws up just before he leaves office.

And speaking of pure idiocy.  http://www.weeklystandard.com/obama-releases-dangerous-jihadists-then-misleads-country-about-it/article/2000221  

[czuch]

5 years, genpop, Leavenworth. There, solved the problem.

[Jess from VA]

Leavenworth has two sides, the military side, and the civilian side.

I believe a military confinee is be able to petition to go over to the civilian side (they do because there is much more for them to do over there, more walking around freedom, jobs, school, bball, yada).

However, on the military side, there is much less misconduct among the prisoners (than on the civilian side).  Any military prisoner in fear of his welfare is better off staying on his side.

During military confinement, no BCD or DD (punitive discharge) given as part of the court martial sentence is executed.  This means that all military confinees remain slick-sleeves on active duty  (or whatever the sentence adjudged re rank), and thus remain subject to the UCMJ and all orders of those over them (everyone).  For instance, when a guard comes to their cell, they are required to stand at attention (and silent unless spoken too).  Punitive discharge is only executed upon release from confinement.  

I bet the Federal (civilian) prison guards wished they had it so good.

[scooperhsd]

Did not know that about Leavenworth, even though I grew up in Kansas and I am a proud Jayhawk Alumni (Navy ROTC as well).

[The emperor has no clothes]

Leavenworth has two sides, the military side, and the civilian side.

I believe a military confinee is be able to petition to go over to the civilian side (they do because there is much more for them to do over there, more walking around freedom, jobs, school, bball, yada).

However, on the military side, there is much less misconduct among the prisoners (than on the civilian side).  Any military prisoner in fear of his welfare is better off staying on his side.

During military confinement, no BCD or DD (punitive discharge) given as part of the court martial sentence is executed.  This means that all military confinees remain slick-sleeves on active duty  (or whatever the sentence adjudged re rank), and thus remain subject to the UCMJ and all orders of those over them (everyone).  For instance, when a guard comes to their cell, they are required to stand at attention (and silent unless spoken too).  Punitive discharge is only executed upon release from confinement.  

I bet the Federal (civilian) prison guards wished they had it so good.

I didn't realize if you were in the military part you could be moved over.