Bergdahl's Defense... The gauntlet has been thrown...

2015-03-28T02:47:50-04:00

Inside sources have leaked a potential outline for the Bergdahl defense.

What would you be willing to do to report wrong doing in your unit?

http://www.mediaite.com/tv/bergdahl-reportedly-didnt-trust-commanders-tried-to-walk-to-nearest-u-s-outpost/

Bergdahl Reportedly Didn’t Trust Commanders, Tried to Walk to Nearest U.S. Outpost

Two days after Sgt. Bowe Bergdahl was charged with desertion for walking off his U.S. military base in Afghanistan in 2009, CNN has reported a potential

Response by CSM Private RallyPoint Member made Mar 28 at 2015 2:51 AM

2015-03-28T02:51:11-04:00

Personal opinion - if true, good move by the defense. Can be rolled into a mental health defense.

Response by SSgt Private RallyPoint Member made Mar 28 at 2015 3:13 AM

2015-03-28T03:13:51-04:00

Now the prosecutors need to find others not in that unit to corroborate their claims.

Response by SGT Private RallyPoint Member made Mar 28 at 2015 3:32 AM

2015-03-28T03:32:49-04:00

I think that will be extremely hard to prove being that allegedly he left a note, his weapon, and his body armor. The last two actions are what I'd argue prove he was acting in a rational, albeit flawed manner. He chose to go, and he chose to do go out in such a way as to appear non threatening to potentially hostile locals. If I'm going to another post (which I'll be honest, that's completely insane thinking it would work if that was his logic imo), I'm not going to walk there completely unarmed or unprotected. His alleged actions, in my opinion, show a clear intent to leave and do so in a way that would make him appear harmless to the outside eye.

Response by SPC Nathan Fanton made Mar 28 at 2015 3:32 AM

2015-03-28T03:32:55-04:00

Yeah.... So that's why he left his weapon back at the OP and the initial reports from the locals were that he was asking for directions to the Taliban to join them. I think this is a case of him trying to do or say anything to mitigate his level of responsibility for his actions, to include smearing the name and reputation of his unit, and the people he served with. I don't trust his word at all. I really know I should be more open minded but I have a really hard time believing anything he says after that Rolling Stone article laid it out point by point back when this first started.

Response by COL Ted Mc made Mar 28 at 2015 12:17 PM

2015-03-28T12:17:27-04:00

Since the story is completely independent of whether there ACTUALLY was wrong-doing etc. at his unit and relates solely to what Sgt. Bergdahl "believed" there is a very good chance of it succeeding as a defense to a charge of desertion as it vitiates the mental element required if Sgt. Bergdahl's defense lawyers can convince the court that he believed it - at the time he left his unit (and that it isn't some cock and bull story that he concocted later).

Response by CSM Michael J. Uhlig made Mar 28 at 2015 1:52 PM

2015-03-28T13:52:38-04:00

With his demonstrated integrity and record of superior performance I do not buy this malarkey!

Response by PFC Private RallyPoint Member made Mar 28 at 2015 2:30 PM

2015-03-28T14:30:12-04:00

I wonder if he remembers the name of the nearest OP.
That (OP coordinates and name) is something THIS PFC, would have committed to memory before doing something this PFC would never have done.
Just a question and in no way represents my opinion of his actions, charges, or possible punishments, service, or otherwise.
Elsewhere I have said how I feel if he is found guilty.
I'm just wondering, before everyone bites the hot dog, is this a plausible defense?
A CSM on here points out it would likely be rolled into the Mental Health Defense.

Response by Sgt Aaron Kennedy, MS made Mar 28 at 2015 5:19 PM

2015-03-28T17:19:33-04:00

Keep in mind that the Defense's job is to cast doubt on the Prosecution's claims. Enough doubt and they win. It doesn't have to be realistic, juts "plausible." Additionally, they have to work with what they have, and the specific charges the Prosecution is bringing.

I realize most of the people here have already made up their minds regarding Bergdahl. That is outside the issue of his actual Right to Due Process. It doesn't matter what we believe happened. The Court Martial process is supposed to investigate what did happen, and if there was wrong doing then punish it.

This Defense, as stated isn't bad.

How many of us have been in a Command that we haven't trusted at one point or another? Just ask yourself that question.

Now, if you said you had, place yourself in a position where you need to "escalate up" but in order to "jump" a Commander, you have to go Off Post. How would you go about it? You know you're in a world of trouble the second you do this. Do you take government property with you? Do you trust your Command if they find you on the way?

What if you are in a "stressed" mental state (or were a service member with known "psychological issues" - he was kicked out of USCG for undisclosed psychological issues)?

Now, I'm not trying to make excuses for Bergdahl. I don't have enough data. I'm making an opinion on his Defense Team Strategy. It's slick. It could work. It will probably "mitigate" the misbehavior before the enemy charge to some degree (cast just enough doubt).

Response by LCpl Mark Lefler made Mar 28 at 2015 7:35 PM

2015-03-28T19:35:04-04:00

I just think he's full of it and is trying to get out of some rather unthoughtful decisions.

Response by GySgt Wayne A. Ekblad made Mar 28 at 2015 7:42 PM

2015-03-28T19:42:30-04:00

Response by PO3 John Jeter made Mar 28 at 2015 8:22 PM

2015-03-28T20:22:55-04:00

Can I have a double handful of that for my rose bushes? They should be trees in about 10-12 days! I think that expresses my opinion well enough.........

Response by Cpl Jeff N. made Mar 28 at 2015 10:38 PM

2015-03-28T22:38:15-04:00

If he had an ounce of honor or character he would accept his fate, plead guilty, take his punishment and move on. Clearly he has neither honor or character, no surprise.

This defense will not work. Based upon what I have read there is too much evidence to the contrary about him looking for the Taliban to meet with by many locals for starters. You don't abandon your post to go file a grievance about your unit if you have one. This is a smoke screen and this jury will be made up of military personal not a bunch of civilians that do not understand the military.

Sgt Aaron Kennedy, MS . It is not just doubt the defense needs to create (as you mentioned on another post on the topic). They need to create reasonable doubt. The prosecution does not have to prove "beyond a shadow of a doubt" he did what they charged him with only "beyond a reasonable doubt".

Response by SFC Michael Jackson, MBA made Mar 29 at 2015 3:08 PM

2015-03-29T15:08:07-04:00

No excuse for leaving your post, putting the lives of the entire at risks, and costing of Soldiers looking for him . I'm pressing GySgt Wayne A. Ekblad BS button
Prosecute to the fullest intent of the law