Posted on Aug 2, 2016
Bergdahl's lawyers seek case dismissal, cite McCain's comments
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Lawyers for Sgt. Bowe Bergdahl filed a motion Monday seeking the dismissal of all charges facing their client, claiming statements on the case made by Arizona Sen. John McCain have violated Bergdahl's right to due process.
McCain, chairman of the Senate Armed Services Committee, reportedly called Bergdahl "clearly a deserter" during an October 2015 campaign appearance for fellow Republican Sen. Lindsey Graham, who was then seeking his party's presidential nomination. At the same New Hampshire event, McCain pledged his panel would investigate the incident if the Army didn't punish Bergdahl.
Bergdahl's lawyers argue that these statements, and others listed in Monday's court filing, will prevent their client from receiving a fair trial.
"It is difficult to imagine a more blatant threat to the fair administration of justice than the one Sen. McCain uttered," the filing states.
The motion seeks oral arguments in the matter. If the judge sides with prosecutors and allows the case to continue, the filing seeks "to limit the sentence that may be adjudged to No Punishment."
Bergdahl walked off his post in Afghanistan in 2009 and was in captivity for five years before a prisoner swap led to his freedom in exchange for that of five Taliban inmates held at Guantanamo Bay, Cuba. He was charged in 2015 with desertion and misbehavior before the enemy.
The trial is set to begin in February.
McCain, chairman of the Senate Armed Services Committee, reportedly called Bergdahl "clearly a deserter" during an October 2015 campaign appearance for fellow Republican Sen. Lindsey Graham, who was then seeking his party's presidential nomination. At the same New Hampshire event, McCain pledged his panel would investigate the incident if the Army didn't punish Bergdahl.
Bergdahl's lawyers argue that these statements, and others listed in Monday's court filing, will prevent their client from receiving a fair trial.
"It is difficult to imagine a more blatant threat to the fair administration of justice than the one Sen. McCain uttered," the filing states.
The motion seeks oral arguments in the matter. If the judge sides with prosecutors and allows the case to continue, the filing seeks "to limit the sentence that may be adjudged to No Punishment."
Bergdahl walked off his post in Afghanistan in 2009 and was in captivity for five years before a prisoner swap led to his freedom in exchange for that of five Taliban inmates held at Guantanamo Bay, Cuba. He was charged in 2015 with desertion and misbehavior before the enemy.
The trial is set to begin in February.
Bergdahl's lawyers seek case dismissal, cite McCain's comments
Posted from armytimes.comPosted in these groups: 
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Bergdahl
Posted 8 y ago
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No surprise that "lawyers for Sgt. Bowe Bergdahl filed a motion Monday seeking the dismissal of all charges facing Bergdahl that Arizona Sen. John McCain 2015 statement that his Bergdahl clearly is a deserter have violated Bergdahl's right to due process.
That is comical SFC Joe S. Davis Jr., MSM, DSL for Bergdahl lawyers to use former POW John McCain's comments from a "campaign appearance for fellow Republican Sen. Lindsey Graham, who was then seeking his party's presidential nomination."
McCain is one of the few who understands what it is like to a POW and the risks of being brainwashed. LTC Stephen C. Capt Seid Waddell CW5 Charlie Poulton CSM Charles Hayden SGM David W. Carr LOM, DMSM MP SGT SFC William Farrell SGT Forrest Stewart SGT Robert Hawks SrA Christopher Wright
That is comical SFC Joe S. Davis Jr., MSM, DSL for Bergdahl lawyers to use former POW John McCain's comments from a "campaign appearance for fellow Republican Sen. Lindsey Graham, who was then seeking his party's presidential nomination."
McCain is one of the few who understands what it is like to a POW and the risks of being brainwashed. LTC Stephen C. Capt Seid Waddell CW5 Charlie Poulton CSM Charles Hayden SGM David W. Carr LOM, DMSM MP SGT SFC William Farrell SGT Forrest Stewart SGT Robert Hawks SrA Christopher Wright
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LTC Stephen F.
CSM Charles Hayden - John McCain has been a maverick for a long time. I respect him for his service to this nation; but, I don't always agree with him.
I agree with his comments on Bergdahl; but, I a firmly disagree with his comments about Donald Trumps response to Mr. Khan's venomous comments at the DNC convention.
I agree with his comments on Bergdahl; but, I a firmly disagree with his comments about Donald Trumps response to Mr. Khan's venomous comments at the DNC convention.
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I thought AR 27-10 was pretty clear about desertion (and the punishment thereof) in a combat zone. Now I'm not a lawyer, but in my mind, Mr. Bergdahl would have already faced the firing squad if someone else was in charge of this administration.
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LTC Stephen C.
The chances are remote, SSG Rob Cline. Private Edward Donald "Eddie" Slovik (February 18, 1920 – January 31, 1945) was a United States Army soldier during World War II and the only American soldier to be court-martialed and executed for desertion since the American Civil War. Unfortunately, we just "don't go there" anymore. SFC Joe S. Davis Jr., MSM, DSL
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