Obama’s Favorite Traitor To Finally Face Court Martial On Desertion Charges

Sgt. Bowe Bergdahl Heads To Court Martial On Desertion Charges – Hot Air

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Back in September we noted that the Army had reviewed the case of Bowe Bergdahl and recommended a charge of Misbehavior Before the Enemy. They later released their suggestions for how to handle his prosecution and pushed for no jail time after his lengthy period of capture. It was further determined that the Sergeant should face a Special Court Martial where he would likely get a relatively lenient punishment. As it turns out, those were only suggested proposals and those calls have been rejected by Gen. Robert B. Abrams of Army Forces Command. He’s ordered the case to move forward and Bergdahl will face a full Court Martial on charges of desertion among other things. (New York Times)

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A top Army commander on Monday ordered that Sgt. Bowe Bergdahl face a court-martial on charges of desertion and endangering troops stemming from his decision to leave his outpost in 2009, a move that prompted a huge manhunt in the wilds of eastern Afghanistan and landed him in nearly five years of harsh Taliban captivity.

The decision by Gen. Robert B. Abrams, head of Army Forces Command at Fort Bragg, N.C., means that Sergeant Bergdahl, 29, faces a possible life sentence. That is a far more serious penalty than had been recommended by the Army’s investigating officer, who testified at the sergeant’s preliminary hearing in September that prison would be “inappropriate.”

According to Sergeant Bergdahl’s defense lawyers, the Army lawyer who presided over the preliminary hearing also recommended that he face neither jail time nor a punitive discharge and that he go before an intermediate tribunal known as a “special court-martial,” where the most severe penalty possible would be a year of confinement.

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This changes the game entirely in terms of Bergdahl’s ultimate fate. The maximum penalty for desertion during time of war is death, though the only soldier to be executed for this in the modern era was Private Eddie Slovik in 1945. Absent a death sentence, Bergdahl could easily face life in prison without the possibility of parole, but that’s still not a given. The officers who sit on the jury and the judge handling the case will make the ultimate determination, and as Doug Mataconis pointed out yesterday, Bowe could still wind up being out of the service (albeit at a lower rank) and back home in fairly short order.
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In terms of the case against Bergdahl himself, the maximum charge he faces is life in prison but his ultimately punishment could end up being less severe depending upon both how the jury of officers that ultimately hears Bergdahl’s case views the case and how any subsequent appeals may go assuming that he’s convicted. Given the facts as we know them, acquittal seems unlikely but Bergdahl could ultimately receive a sentence far less than life in a military prison, and indeed could even end up getting off with a sentence as relatively light as loss of rank and a dishonorable discharge. Additionally, his ultimate fate is likely to take years to determine since the process is likely to outlast the Obama Administration itself.

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Two points here: first of all, Doug brings up an interesting point in terms of politics. The reality is that this subject is now completely outside the hands of politicians and elected officials, with the singular exception of the President should he choose to extend a pardon. But that doesn’t mean that they won’t be talking about it on the campaign trail, particularly with the country’s renewed focus on terrorist groups and the candidates vying to show how tough they can be. The Court Martial is going to take quite a while if previous history (such as Chelsea Manning) is anything to go by. We’ll likely be well into the general election by the time this show reaches a crescendo and Hillary, along with her eventual GOP opponent, will be asked about it.

As to the final determination, it seems almost impossible that Bergdahl will be found innocent on all charges. Too much of this case has already been tried in the media and the court of public opinion and there seems to be too much evidence for him to get off without a conviction on something. Will it be desertion? That’s actually an open question because no matter how obvious it may seem to outside observers, the definitions are tricky. A good defense team may be able to make a case based on intent and the soldier’s state of mind when he walked off his post which could introduce enough doubt in the jury’s minds to avoid the most serious charge. And even if he is convicted on all or most of the charges, the defense will certainly be reminding the court that Bergdahl has already served a rather severe sentence in captivity for his actions… far worse than he would get in any SuperMax.

In a best case scenario for the defense, he could conceivably still just be busted down to E-1 and given a dishonorable discharge and lose all of his benefits. Would that be justice? I really don’t know. We’ll have to leave it up to the jury.

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About Freakin’ Time! Obama’s Favorite Army Deserter To Be Court-Martialed

Bergdahl To Be Charged With Desertion, Officials Say – Fox News

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Army Sgt. Bowe Bergdahl, who was captured by the Taliban after abandoning his post in Afghanistan, then freed five years later in exchange for five Guantanamo detainees in a deal hailed by the White House but blasted by his fellow soldiers, will be charged with desertion, officials told Fox News.

The development comes 10 months after his May 2014 release – which initially was a joyous occasion, with his parents joining President Obama in celebrating the news in the Rose Garden. Bob Bergdahl, who had studied Islam during his son’s captivity appeared with a full beard and read a Muslim prayer, while Bergdahl’s mother Jani embraced the president.

But that euphoria quickly gave way to controversy in Washington as Bergdahl was accused of walking away from his post and putting his fellow soldiers in danger. The trade of hardened Taliban fighters for his freedom raised deep concerns on Capitol Hill that the administration struck an unbalanced and possibly illegal deal.

The military plans to address the case at a press conference Wednesday afternoon at Fort Bragg in North Carolina.

Fox News has learned he will be specifically charged with desertion and misbehavior toward the enemy. A senior U.S. official said he will face a court martial and likely trial.

Bergdahl 28, walked away from his post in Afghanistan and was captured, then released years later by the Taliban in the controversial prisoner exchange.

Gen. Mark Milley, head of U.S. Army Forces Command at Fort Bragg, has been reviewing the massive case files and had a broad range of legal options, including various degrees of desertion charges.

A major consideration was whether military officials would be able to prove that Bergdahl had no intention of returning to his unit – a key element in the more serious desertion charges.

The announcement marks a sharp turnaround for the administration’s narrative of Bergdahl’s service and release. After the swap last year, National Security Adviser Susan Rice said Bergdahl served with “honor and distinction.”

But as Bergdahl faced criticism from fellow servicemembers for his actions, the administration faced heated complaints from Congress over the Taliban trade itself.

“This fundamental shift in U.S. policy signals to terrorists around the world a greater incentive to take U.S. hostages,” said former Rep. Mike Rogers, (R-Mich.), then the chairman of the House Intelligence Committee.

Bergdahl disappeared from his base in the eastern Afghanistan province of Paktika on June 30, 2009. A private first class at the time, he had three days earlier emailed his parents expressing disillusionment with the war.

“The future is too good to waste on lies,” Bergdahl wrote, according to the late Rolling Stone reporter Michael Hastings. “And life is way too short to care for the damnation of others, as well as to spend it helping fools with their ideas that are wrong. I have seen their ideas and I am ashamed to even be American.”

Bob Bergdahl, a former UPS delivery driver in Sun Valley Idaho, replied with a message bearing the subject line, “OBEY YOUR CONSCIENCE!”

Bergdahl left a note in his tent that said he was leaving to start a new life and intended to renounce his citizenship, Fox News reported last year.

For the next five years, Bergdahl is believed to have been held by the Taliban and Pakistan’s infamous Haqqani network. In one of several hostage videos released during his captivity, he said he was captured when he fell behind a patrol, but fellow soldiers, outraged after the trade was made with the Taliban, accused him of deserting. Some asserted that American servicemembers’ lives were put at risk in the hunt for Bergdahl.

Bergdahl was freed on May 31, 2014, after the White House agreed to trade five high value Taliban operatives held at Guantanamo Bay for him. He was turned over to Delta Force operatives in eastern Afghanistan, near the border village of Khost, while the Taliban members were handed over to authorities in Qatar, which helped broker the swap.

The trade was branded as illegal by lawmakers, who said they weren’t advised beforehand, It was also blasted by critics who said it violated America’s longstanding tradition of not negotiating with terrorists, and from Bergdahl’s fellow soldiers, many of whom view him as a traitor.

There were also concerns – which would prove well-founded – that the Taliban members would return to the fight against the West. Of the five, Mohammad Fazl, the former Taliban army chief of staff; Khairullah Khairkhwa, a Taliban intelligence official; Abdul Haq Wasiq, a former Taliban government official; and Norullah Noori and Mohammad Nabi Omari, at least three have attempted to rejoin their old comrades, sources told Fox News.

Then-Defense Secretary Chuck Hagel said Bergdahl was a “prisoner of war,” and that the deal did not amount to negotiating with terrorists. He also said concerns about Bergdahl’s deteriorating condition made it imperative that the U.S. move quickly to make the trade.

A Pentagon probe concluded in 2010 that Bergdahl had walked away from his base, but stopped short of accusing him of desertion, reopening the probe after his return.

Bergdhal was promoted to sergeant while in captivity, and had accrued more than $200,000 in back pay by the time he was freed. He was assigned to duty at Fort Sam Houston in San Antonio, Texas, after his return and reportedly refused to speak with his parents.

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*VIDEOS* Ten Of Ed’s Favorite Jews


DENNIS PRAGER

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ANDREW BREITBART

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DAVID HOROWITZ

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JONAH GOLDBERG

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CHARLES KRAUTHAMMER

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MILTON FRIEDMAN

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EVAN SAYET

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BEN SHAPIRO

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BENJAMIN NETANYAHU

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MARK LEVIN

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*VIDEOS* Ed’s Favorite “Alternative” Christmas Songs

……..What’s It To Ya Chorus


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……..You Ain’t Gettin’ Shit For Christmas

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……..Chipmunks Roasting On An Open Fire

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……..The 12 Days Of Obama

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……..I Am Santa Claus

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……..You’re A Ho Ho Ho

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……..Sled Zeppelin

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……..Who Put The Stump Up My Rump

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……..White Trash Christmas

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……..Santa Clause Is Foolin’ Around

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……..Walkin’ ‘Round In Women’s Underwear

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……..Smells Like The Night Before Christmas

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……..STFU Barack Obama

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……..Police Stop My Car

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……..Dick In A Box

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……..Holy Shit, It’s Christmas

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……..Yellow Snow, Yellow Snow, Yellow Snow

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……..Merry Christmas From The Family

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……..Wreck The Malls

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……..Who Put The Dick On The Snowman

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……..Drunk Elvis Sings Blue Christmas

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*Pictures* My New Favorite Sport… Bikini Bowling!

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