Posted on Jun 21, 2015
Commentary: Bowe Bergdahl and imbalance in the military justice system. What do you think of the author's argument?
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Rachel VanLandingham is the author of a recent commentary in the Military Times. She writes:
Over the last few years the U.S. military has been regularly raked over congressional coals regarding its mishandling of sexual assaults within its ranks.
The role of commanders and their incredibly vast power within the military's criminal justice system has stood front and center, with Sen. Kirsten Gillibrand continuing to question why such non-lawyers make all the criminal prosecutorial decisions within the military, with very little formal guidance or constraints. Her proposal to remove the chain-of-command from prosecutorial decisions regarding certain types of crimes (such as sexual assault) has failed for the second year in a row as the military begs for more time to fix itself.
While military leaders protest they will finally improve the fundamental flaw of the archaic military justice system — the unchecked and vast power it gives untrained and legally inexperienced commanders to practice law — continues its unjust march forward.
The systemic flaws in the military justice system are in stark relief in the current criminal case of Sgt. Bowe Bergdahl,a prisoner of war in Afghanistan for almost five years and released last year as part of a prisoner exchange involving Taliban detainees from Guantanamo Bay. The circumstances of this exchange remain political hot potatoes, with Congress recently threatening to withhold 25 percent of the Department of Defense's funding if it doesn't turn over documents to Congress regarding the Bergdahl swap.
What does this continuing political maelstrom over former GTMO detainees being swapped for Bergdahl's release over a year ago have to with the structural weaknesses of the military justice system? Plenty, because it demonstrates the military's refusal to recognize checks on the power of its commanders. Apparently assuming that five brutal years as a prisoner of the Haqqani Network (cohorts of the Taliban) wasn't sufficient punishment, the Army recently decided to initiate criminal proceedings against Sgt. Bergdahl for improperly leaving his post in a warzone.
http://www.militarytimes.com/story/opinion/2015/06/21/bowe-bergdahl-sexual-assault-military-justice-system-imbalance/28982701/
Over the last few years the U.S. military has been regularly raked over congressional coals regarding its mishandling of sexual assaults within its ranks.
The role of commanders and their incredibly vast power within the military's criminal justice system has stood front and center, with Sen. Kirsten Gillibrand continuing to question why such non-lawyers make all the criminal prosecutorial decisions within the military, with very little formal guidance or constraints. Her proposal to remove the chain-of-command from prosecutorial decisions regarding certain types of crimes (such as sexual assault) has failed for the second year in a row as the military begs for more time to fix itself.
While military leaders protest they will finally improve the fundamental flaw of the archaic military justice system — the unchecked and vast power it gives untrained and legally inexperienced commanders to practice law — continues its unjust march forward.
The systemic flaws in the military justice system are in stark relief in the current criminal case of Sgt. Bowe Bergdahl,a prisoner of war in Afghanistan for almost five years and released last year as part of a prisoner exchange involving Taliban detainees from Guantanamo Bay. The circumstances of this exchange remain political hot potatoes, with Congress recently threatening to withhold 25 percent of the Department of Defense's funding if it doesn't turn over documents to Congress regarding the Bergdahl swap.
What does this continuing political maelstrom over former GTMO detainees being swapped for Bergdahl's release over a year ago have to with the structural weaknesses of the military justice system? Plenty, because it demonstrates the military's refusal to recognize checks on the power of its commanders. Apparently assuming that five brutal years as a prisoner of the Haqqani Network (cohorts of the Taliban) wasn't sufficient punishment, the Army recently decided to initiate criminal proceedings against Sgt. Bergdahl for improperly leaving his post in a warzone.
http://www.militarytimes.com/story/opinion/2015/06/21/bowe-bergdahl-sexual-assault-military-justice-system-imbalance/28982701/
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You would THINK that a person who is a 20 year veteran of the Air Force, a lawyer, and an "expert in military law" would know WTF she is talking about. Apparently that is not the case!
I of course am referring to the author of the article Rachel Vanlandingham.
I of course am referring to the author of the article Rachel Vanlandingham.
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This author reveals her ignorance. Bergdahl is not being tried because of the alleged consequence of his desertion. He is being tried BECAUSE he deserted.
Anything that happened subsequent to leaving his post is HIS fault, not the Army's. IF he was held prisoner, then HE is responsible for it because he CHOSE to go to the other side. How they treated him is irrelevant to his prosecution.
The only issue to be determined is whether he actually deserted. The available evidence suggests that he did. If so, then he should suffer consequences HERE, regardless of whether the Taliban imposed their own.
Anything that happened subsequent to leaving his post is HIS fault, not the Army's. IF he was held prisoner, then HE is responsible for it because he CHOSE to go to the other side. How they treated him is irrelevant to his prosecution.
The only issue to be determined is whether he actually deserted. The available evidence suggests that he did. If so, then he should suffer consequences HERE, regardless of whether the Taliban imposed their own.
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