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Title: Bowe Bergdahl, once missing U.S. soldier, charged with desertion
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URL Source: http://www.washingtonpost.com/news/ ... harged-with-desertion/?hpid=z1
Published: Mar 25, 2015
Author: Dan Lamothe
Post Date: 2015-03-25 14:36:55 by A K A Stone
Keywords: None
Views: 11621
Comments: 86
Sgt. Bowe Bergdahl, the U.S. soldier who was recovered in Afghanistan last spring after five years in captivity, faces charges of desertion and misbehavior before the enemy, according to his lawyer. Eugene Fidell, Bergdahl’s attorney, told The Washington Post that his client was handed a charge sheet on Tuesday. Army officials announced they will provide an update in his case at 3:30 p.m. at Fort Bragg, N.C., but declined to discuss new developments ahead of the news conference.
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#1. To: A K A Stone (#0)
Is this the guy whose parents appeared with the president for some sort of announcement months ago? OH No!
Humm, now which shall it be, firing squad or medal of honor bestowed by the muslim terrorist in the oval office and it's ilk in Congress?
I was going to post a photo of the Bergdahl parents with Obummer and found this nice one from BareNakedIslam.com. I wonder if the Bergdahl parents will stay in hiding or come charging out on a media offensive. This is a blow to Obama on that foolish trade of Bergdahl for the 5 Taliban leaders, who are almost off detention in Qatar and ready to go home to shoot at Americans again. No way this White House didn't try to stop this courtmartial. BNI has some other playful pix.
Good job KD Dahl!
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
Still charges. Now comes the Court Martial. If convicted maybe he can have Chelsea Elizabeth Manning as a cellmate.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
For some reason, O electron jedi master, the pics did not show up:) Chelsea Elizabeth Manning is probably warming up a cot for Bergie.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
Bergdahl will faces charges under articles 85 and 99 of the military’s Uniform Code of Military Justice, Fidell said. Article 85, desertion, applies to a service member who “quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.” The maximum sentence for those convicted is death, although no soldier has faced that punishment since 1944, when Pvt. Eddie Slovik was executed by a firing squad after running away from combat duty in France. Article 99, misbehavior before the enemy, applies to a service member who has run away in the face of the enemy, abandoned his unit, cast aside his weapon or ammunition or willfully failed “to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy.” http://www.washingtonpost.com/news/checkpoint/wp/2015/03/25/bowe-bergdahl-once- missing-u-s-soldier-charged-with-desertion/?hpid=z1 "For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
Susan Rice Flashback: Bergdahl Served ‘With Honor and Distinction’ National Security Advisor Susan Rice defended the prisoner swap for Sgt. Bowe Bergdahl on the June 1, 2014 brodcast of ABC’s “This Week” by saying Bergdahl “served the United States with honor and distinction.” Regarding the desertion allegations, she said Bergdahl, “served the United States with honor and distinction. And we’ll have the opportunity eventually to learn what has transpired in the past years.” Rice also said that “assurances relating to the movement, the activities, the monitoring of those detainees [released in exchange for Bergdahl] give us confidence that they cannot and, in all likelihood, will not pose a significant risk to the United States. And that it is in our national interests that this transfer had been made.” http://www.breitbart.com/video/2015/03/25/susan-rice-flashback-bergdahl-served- with-honor-and-distinction/ "For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
It's about time! I'd lay odds he will be one of Obama's presidential pardons.
http://www.tedcruz.org
Don't ask, don't tell (me the details).
Cheers to your main man! Yup, now for the court martial. THEN impeachment ;-)
But not the blow to his ego that Bibi hit him with. In this case The Imam in Chief was fully prepared to take the hit for facilitating this obvious treason. There was NO way of stopping this CM from going down. Besides, it was a GREAT trade for his "side" after all. FIVE terr'ists for one traitor?? We all know Bergdahl will merely be pardoned in 2016, most likely after having served a few months -- if that.
I wouldn't be surprised if the Pentagon drags out the court martial in a way that is excruciating for the WH. And especially for Hitlery. They've already banged the hornet's nest, they may as well enjoy it. CBS: Hillary Clinton initially opposed Bowe Bergdahl prisoner swap, 06/14 The official said the opposition was rooted in, "whether or not we could get a travel ban for the five in Qatar. Once they got that travel ban, there was support," The Post reports. Under the terms of the agreement with the Taliban, the detainees will remain in Qatar for one year, where they will be allowed to travel freely. Clinton aides dispute reports that she opposed a prisoner swap. "The notion that Secretary Clinton ever rejected a transfer like this out of hand is not accurate. In fact, she authorized negotiations with the Taliban that included a transfer for Sgt. Bergdahl," said Clinton spokesman Nick Merrill. "She set a high bar and insisted on strict conditions for any deal, but as she said this week, America has a noble tradition that we leave no soldier behind." In the days since the deal was executed Clinton has been publicly supportive. "This young man, whatever the circumstances, was an American citizen - is an American citizen - was serving in our military...The idea that you really care for your own citizens and particularly those in uniform, I think is a very noble one," she said at an event in Colorado on Monday. Noting the difficulty of the decision, she said, "You don't want to see these five prisoners go back to combat. There's a lot that you don't want to have happen. On the other hand you also don't want an American citizen, if you can avoid it, especially a solider, to die in captivity."
If he gets convicted of Article 99 he will never see the light of day again, unless he gets a Presidential pardon.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
As we are not at war, the maximum penalty for desertion is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. Things like the war on poverty, the war on drugs, and the global war on terrorism do not count as wars for legal purposes. (1) Completed or attempted desertion with intent to avoid hazardous duty or to shirk important service. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. (2) Other cases of completed or attempted desertion. (a) Terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. (b) Terminated otherwise. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. (3) In time of war. Death or such other punishment as a court-martial may direct.
UCMJ Art 99 - Misbehavior Before the Enemy (From Manual of Courts-Martial)
Hopefully, Bowe Bergdahl will get what he deserves. Unfortunately, Barack Obama will NEVER get what he deserves.
Yes, and the same one that Rice claimed served with distinction.
потому что Бог хочет это тот путь
He will not spend a single day behind bars.
потому что Бог хочет это тот путь
I see as most likely that Bergdahl will plea bargain, plead guilty to one count of something, and accept a Bad Conduct Discharge with forfeiture of pay and allowances, including the pay for his time in captivity. A legal point of contention may be whether he intended to remain away permanently, or was he taking a dump or communing with Gaia when captured, said capture preventing his return from an unauthorized absence.
Will have to look that up. Don't think military inmates can be pardoned. Might be wrong. Just have not seen it.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
I guess that would all depend on how you define "distinction",wouldn't it? How many times have we all heard about people like Ted Kennedy serving with distinction in the US Senate? Or Bubbette! serving with distinction as the Sec of State and earlier the First Bitch?
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
LOL travel ban in an Arab country. What a joke.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
Time of war can be interpreted. I could not read the image you posted. Does it say the war must be declared by Congress? I'm sure the defense will bring this up. I seriously doubt it would hold. Afghanistan was a declared hostile zone. Maybe this will lead to the question of the Constitutionality of the war powers act.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
You have computer or connection problems.
Didn't you also say he would never have charges preferred against him. LOL. He is going before a Courts Martial panel (jury) where seasoned field grade officers and senior NCOs will sit on. He's toast. I'm just glad I'm retired. I don't envy the panel members. I can imagine how the civilian attorneys for Bergdalh will attempt to dismiss panel members based on being combat veterans.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
We shall see. The investigating officer with legal counsel drummed up the article 99. Tells me the government is not leaning towards a plea bargain. Soldiers died looking for this crap bag. His unit from reports are unanimous in saying he fled. He left his unit without authorization and left his weapon behind. He didn't want to be found. If he did he would have taken a piece of equipment where he could be found. Assets were taken off combat operations to look for him endangering more soldiers. I think article 99 is there in the charge sheet for a reason.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
Tablet
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
The President’s pardoning power is granted by Article 2, Section 2, Clause 1, The President’s pardoning power extends to all cases except impeachment.
Thanks. So Obolo will try this I'm sure.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
The image is a scribd file of Article 85 from the Manual of Courts-Martial. Manual of Courts-Martial, R.C.M. 103(19) Rule 103. Definitions and rules of construction [...] R.C.M. 103(19) Part IV of the MCM is the punitive articles of the UCMJ. Part V of the MCM concerns Article 15 Non-Judicial Punishment. For a state of war to exist, there must be a conflict between the armed forces of two nations. A war between one nation and one non-state actor is a conflict of a non-international character. http://www.armytimes.com/story/military/2015/03/25/bowe-bergdahl-army-decision-next-steps/70436058/ The misbehavior before the enemy charge, which falls under Article 99 of the UCMJ, carries a maximum punishment of confinement for life as well as a dishonorable discharge, reduction in rank to E-1, and forfeiture of pay and allowances.
I do not think he will, at least not until after Bergdahl has pleaded guilty, if at all.
I'm sure it is, but I think it is to ensure that Bergdahl will plead guilty as part of a deal to get rid of that charge. I do not think this case will face a trial. It took quite a while for the White House and the military to come up with this charge sheet.
I think the Pentagon controls this and the WH is helpless. If the WH had any real power to change the outcome, there would be no charges at all. As for a pardon, don't you have to have a conviction prior to a presidential or gubernatorial pardon? You can't have preemptive pardons issued prior to a lawful finding of guilt. Too much temptation for crooked pols to just pardon all their henchmen in advance. I think the Bergdahl courtmartial will drag on well through mid-2016. I think it will be fodder for criticism of Obama and especially Hitlery. By summer of 2016, it won't matter as much because then a convicted Bergdahl is still damaging and a pardoned Bergdahl hurts Obola and Hitlery even worse.
Why not to send him to Guantanamo and keep him there without charges forever?
And let him enjoy the nice year round warm Caribbean weather, NOT. Sending him to one of the gulags the Soviets forgot to close would be a far better solution.
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
(19) “War, time of.” For purpose of R.C.M. 1004(c)(6) and of implementing the applicable paragraphs of Parts IV and V of this Manual only, “time of war” means a period of war declared by Congress or the factual determination by the President that the existence of hostilities warrants a finding that a “time of war” exists for purposes of R.C.M. 1004(c)(6) and Parts IV and V of this Manual. Part IV of the MCM is the punitive articles of the UCMJ. Part V of the MCM concerns Article 15 Non-Judicial Punishment. For a state of war to exist, there must be a conflict between the armed forces of two nations. A war between one nation and one non-state actor is a conflict of a non-international character. http://www.armytimes.com/story/military/2015/03/25/bowe-bergdahl-army-decision-next-steps/70436058/ The desertion charge against Bergdahl, which falls under Article 85 of the Uniformed Code of Military Justice, carries a maximum punishment of five years confinement, a dishonorable discharge, reduction to the rank of E-1, forfeiture of all pay and allowances. The misbehavior before the enemy charge, which falls under Article 99 of the UCMJ, carries a maximum punishment of confinement for life as well as a dishonorable discharge, reduction in rank to E-1, and forfeiture of pay and allowances. Indeed. "Time of war" will be the key factor with Article 85. A war between one nation and one non-state actor is a conflict of a non- international character. Looking at the above there is potential international law to present the Afghan war as between two states (or warring entities) or an international coalition against the Taliban who were then the legal government in Afghanistan: "In December 2001, the United Nations Security Council established the International Security Assistance Force (ISAF), to oversee military operations in the country and train Afghan national security forces. At the Bonn Conference in December 2001, Hamid Karzai was selected to head the Afghan Interim Administration, which after a 2002 loya jirga in Kabul became the Afghan Transitional Administration. In the popular elections of 2004, Karzai was elected president of the country, now named the Islamic Republic of Afghanistan." (http://en.wikipedia.org/wiki/War_in_Afghanistan_(2001% E2%80%93present)#cite_note-dx-36) With Article 99 on the charge sheet, the government may not have to get as creative as I just did.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
If the WH was involved in this charge sheet we could have a serious issue with "Unlawful Command Influence (UCI). Let him plea guilty to Article 85 and try him for Article 99. Seems to be the only way to keep good order and discipline. It is not like this guy deserted before deploying and is sitting up in Canada wanting to come home. That is what a plea is for.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
And it would be a heavy dose of Unlawful Command Influence (UCI) if the WH was involved at all in the investigation process and charge sheet. It would also pertain to the WH giving tips to the defense attorney as well. UCI is serious business in the Services For a minor administrative separation board, I was grilled by a young pimply green behind the ears JAG for 20 mins trying to claim I was a biased board voting member. He tried to prove that as a field grade officer I was following the Commanding General's comments on how we needed to get people out of the Army faster. Yes the General was not that smart and actually said that. So I countered to the JAG kid, "well that means you impeach yourself as defense attorney since you heard the same comments." He flushed a bit..."but...but...I'm impartial as a lawyer..." He responded. I then said "so am I as a fellow commissioned officer." So this stuff is taken seriously and the senior types, the good ones, like the investigating officer knows this.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
Bergdalh is covered as a uniformed soldier under the UCMJ and also under the Laws of Armed Conflict (LOAC). Gitmo is for illegal combatants.
"For the law was given through Moses, but grace and truth came through Jesus Christ." (John 1:17)
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#2. To: A K A Stone (#0)
(Edited)
Sgt. Bowe Bergdahl, the U.S. soldier who was recovered in Afghanistan last spring after five years in captivity, faces charges of desertion and misbehavior before the enemy, according to his lawyer.
#3. To: Fred Mertz, redleghunter (#1)
Is this the guy whose parents appeared with the president for some sort of announcement months ago?
#4. To: A K A Stone (#0)
#5. To: A K A Stone (#0)
#6. To: TooConservative (#3)
#7. To: A K A Stone, Noulo chan, *Military or Vets Affairs* (#0)
#8. To: A K A Stone, TooConservative, liberator, *Military or Vets Affairs* (#0)
#9. To: A K A Stone (#0)
#10. To: redleghunter (#5)
If convicted maybe he can have Chelsea Elizabeth Manning as a cellmate.
#11. To: redleghunter (#4)
Good job KD Dahl!
#12. To: TooConservative, redleghunter (#3)
This is a blow to 0buma on that foolish trade of Bergdahl for the 5 Taliban leaders, who are almost off detention in Qatar and ready to go home to shoot at Americans again. No way this White House didn't try to stop this courtmartial.
#13. To: Liberator, redleghunter (#12)
We all know Bergdahl will merely be pardoned in 2016, most likely after having served a few months -- if that.
Former Secretary of State Hillary Clinton opposed a prisoner swap to exchange Taliban detainees for Sgt. Bowe Bergdahl when the idea first came up in 2011, according to a former senior administration official cited by the Washington Post, joining several high-level Obama officials that include former CIA Director Leon Panetta, former Defense Secretary Robert Gates and Director of National Intelligence James Clapper, who were also not supportive at the time.
#14. To: redleghunter (#7)
#15. To: redleghunter (#7)
Article 85, desertion, applies to a service member who “quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.” The maximum sentence for those convicted is death, although no soldier has faced that punishment since 1944, when Pvt. Eddie Slovik was executed by a firing squad after running away from combat duty in France.
e. Maximum punishment.
#16. To: redleghunter (#7)
Article 99, misbehavior before the enemy, applies to a service member who has run away in the face of the enemy, abandoned his unit, cast aside his weapon or ammunition or willfully failed “to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy.” http://www.washingtonpost.com/news/checkpoint/wp/2015/03/25/bowe-bergdahl-once- missing-u-s-soldier-charged-with-desertion/?hpid=z1
e. Maximum punishment. All offenses under Article 99. Death or such other punishment as a court-martial may direct.
#17. To: nolu chan (#15)
Bowe Bergdahl...
#18. To: Fred Mertz, A K A Stone (#1)
Is this the guy whose parents appeared with the president for some sort of announcement months ago?
#19. To: redleghunter, A K A Stone, All (#5)
If convicted maybe he can have Chelsea Elizabeth Manning as a cellmate.
#20. To: Liberator, TooConservative, redleghunter (#12)
We all know Bergdahl will merely be pardoned in 2016, most likely after having served a few months -- if that.
#21. To: Liberator (#12)
#22. To: SOSO (#18)
Yes, and the same one that Rice claimed served with distinction.
#23. To: TooConservative (#13)
#24. To: nolu chan (#15)
#25. To: redleghunter (#24)
I could not read the image you posted.
#26. To: SOSO, CZ82, liberator, TooConservative (#19)
He will not spend a single day behind bars.
#27. To: nolu chan, Liberator, TooConservative, CZ82 (#20)
A legal point of contention may be whether he intended to remain away permanently, or was he taking a dump or communing with Gaia when captured, said capture preventing his return from an unauthorized absence.
#28. To: Fred Mertz (#25)
#29. To: redleghunter, Liberator (#21)
Will have to look that up. Don't think military inmates can be pardoned. Might be wrong. Just have not seen it.
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
#30. To: nolu chan (#29)
#31. To: redleghunter (#24)
(Edited)
Time of war can be interpreted. I could not read the image you posted. Does it say the war must be declared by Congress?
(19) “War, time of.” For purpose of R.C.M. 1004(c)(6) and of implementing the applicable paragraphs of Parts IV and V of this Manual only, “time of war” means a period of war declared by Congress or the factual determination by the President that the existence of hostilities warrants a finding that a “time of war” exists for purposes of R.C.M. 1004(c)(6) and Parts IV and V of this Manual.
The desertion charge against Bergdahl, which falls under Article 85 of the Uniformed Code of Military Justice, carries a maximum punishment of five years confinement, a dishonorable discharge, reduction to the rank of E-1, forfeiture of all pay and allowances.
#32. To: redleghunter (#30)
So Obolo will try this I'm sure.
#33. To: redleghunter, Liberator, TooConservative, CZ82 (#27)
I think article 99 is there in the charge sheet for a reason.
#34. To: nolu chan, redleghunter (#33)
#35. To: redleghunter (#26)
#36. To: A Pole, redleghunter (#35)
#37. To: nolu chan (#31)
.C.M. 103(19)
#38. To: nolu chan (#33)
I do not think this case will face a trial. It took quite a while for the White House and the military to come up with this charge sheet.
#39. To: TooConservative, nolu chan (#34)
If the WH had any real power to change the outcome, there would be no charges at all.
#40. To: A Pole (#35)
Why not to send him to Guantanamo and keep him there without charges forever?
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