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Elon Musk Delivers Stunning Remarks At Historic UK March (Tommy Robinson) "Transcript: Mrs. Erika Kirk Delivers Public Address: ‘His Movement Will Go On’" "Victor Davis Hanson to Newsmax: Kirk Slaying Crosses Rubicon" Status: Not Logged In; Sign In United States News See other United States News Articles Title: Bowe Bergdahl, once missing U.S. soldier, charged with desertion Source: [None] 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: 13833 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. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 52. #7. To: A K A Stone, Noulo chan, *Military or Vets Affairs* (#0) 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 redleghunter  posted on  2015-03-25   15:26:35 ET  Reply   Untrace   Trace   Private Reply   #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. 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. e. Maximum punishment. (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 85 - Desertion (From Manual of Courts-Martial) nolu chan  posted on  2015-03-25   19:32:39 ET  Reply   Untrace   Trace   Private Reply   #24. To: nolu chan (#15) 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. redleghunter  posted on  2015-03-25   23:51:36 ET  Reply   Untrace   Trace   Private Reply   #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? 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) (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. nolu chan  posted on  2015-03-26   1:00:27 ET  Reply   Untrace   Trace   Private Reply   #37. To: nolu chan (#31) .C.M. 103(19) (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. redleghunter  posted on  2015-03-26   9:46:45 ET  Reply   Untrace   Trace   Private Reply   #52. To: redleghunter (#37) Indeed. "Time of war" will be the key factor with Article 85. It will be a zero factor. There will be a zero attempt to even attempt to introduce the term war as a factor. nolu chan  posted on  2015-03-26   13:49:38 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 52.         There are no replies to Comment # 52. End Trace Mode for Comment # 52. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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