Posted on Oct 25, 2017
Bowe Bergdahl says Trump is preventing him from receiving a fair sentence
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I don't believe this will affect his sentencing but I wish the President would STFU on this subject (among others) even though I know his ego won't let him.
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It seems to me that Bergdahl's odds of success with the assertion of command influence would have been stronger had he opted for a panel rather than the judge to decide the outcome of his court martial. Nance couldn't know for sure whether the members of the panel took Trump's campaign comment to heart but he certainly knows whether he himself did. I sincerely doubt that Judge Nance would be influenced one iota by anything Trump said or says. It may be that Nance takes public perception into account in making his ruling though.
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There’s two cases from 2013 that might be relevant:
“Two defendants in military sexual assault cases cannot be punitively discharged, if found guilty, because of “unlawful command influence” derived from comments made by President Barack Obama, a judge ruled in a Hawaii military court this week.
“Navy Judge Cmdr. Marcus Fulton ruled during pretrial hearings in two sexual assault cases — U.S. vs. Johnson and U.S. vs. Fuentes — that comments made by Obama as commander in chief would unduly influence any potential sentencing, according to a court documents obtained by Stars and Stripes.”
https://www.stripes.com/judge-obama-sex-assault-comments-unlawful-command-influence-1.225974
“Two defendants in military sexual assault cases cannot be punitively discharged, if found guilty, because of “unlawful command influence” derived from comments made by President Barack Obama, a judge ruled in a Hawaii military court this week.
“Navy Judge Cmdr. Marcus Fulton ruled during pretrial hearings in two sexual assault cases — U.S. vs. Johnson and U.S. vs. Fuentes — that comments made by Obama as commander in chief would unduly influence any potential sentencing, according to a court documents obtained by Stars and Stripes.”
https://www.stripes.com/judge-obama-sex-assault-comments-unlawful-command-influence-1.225974
Judge: Obama sex assault comments 'unlawful command influence'
Two defendants in military sexual assault cases cannot be punitively discharged, if found guilty, because of “unlawful command influence” derived from comments made by President Barack Obama, a judge ruled in a Hawaii military court this week, setting the stage for defense attorneys to use the same arguments in sexual assault cases throughout the military.
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Sgt Wayne Wood
Sexual misconduct doesn’t have same seriousness as desertion & misconduct before the enemy...
But i’m old, things may have changed...
But i’m old, things may have changed...
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