Posted on Oct 26, 2017
Army judge considering dismissing case against Bowe Bergdahl after 'Trump made it impossible to...
8.78K
22
12
4
4
0
UCMJ
Desertion
Bergdahl
Posted 8 y ago
Responses: 6
4
4
0
Look. Did Bergdahl abandon his post? Yes. Did he misbehave in front of the enemy? Yes. Would a military court-martial come to that conclusion on its own? More than likely, yes. So Trump didn't have to say anything but because he chose to do so, or what many old school military members would call "provided undue command influence", Bergdahl may skate because of it.
(4)
(0)
Sgt Aaron Kennedy, MS
It doesn't matter whether he "provided" undue command influence. It matters that it is "perceived" that he provided undue command influence. That ruins the illusion of fairness & impartiality within the case. That in turn takes us back to Blackstone's Principle (better to go free if guilty than be held if innocent).
The issue is complicated by how "misbehavior before the enemy" is defined. 1) we're not at war, therefore it's really hard to call someone an "enemy" (the official term is "threat"). 2) It's a duplicate charge due to the overlap with desertion (two bites at the same apple).
I am making no claims to innocent or guilt, but I have a real hard time saying "this was a fair and impartial trial." Our community (military & veterans) had already tried him in the court of public opinion 2-8 years ago.
The issue is complicated by how "misbehavior before the enemy" is defined. 1) we're not at war, therefore it's really hard to call someone an "enemy" (the official term is "threat"). 2) It's a duplicate charge due to the overlap with desertion (two bites at the same apple).
I am making no claims to innocent or guilt, but I have a real hard time saying "this was a fair and impartial trial." Our community (military & veterans) had already tried him in the court of public opinion 2-8 years ago.
(2)
(0)
SSG Jessica Bautista
Sgt Aaron Kennedy, MS My thoughts exactly. I have yet to meet a service member who doesn't have strong opinions about him. He was never going to get a fair trial.
(1)
(0)
MSgt Daryl Seward
He was NOT Commander in Chief at the time of the comments. Bergdahl is traitor who plead guilty... Sentence him appropriately and appropriately does not give credit for a 5 year vacation with our enemies!
(1)
(0)
SSG (Join to see)
This is not a jury trial, where public opinion can sway what possible jurors may or may not think. This is a military trial, and why would he dismiss said case since he has entered a plea. Some one from JAG clarify please.
(1)
(0)
2
2
0
You know what sometimes public opinion can talk too much. Witnesses to 911 mysteriously died, White Water witnesses mysteriously died, Kennedy assassination witnesses mysteriously died. We are in the age of cyber spying extends to anyone talking crap about the government that includes me. Sometimes it is better to stop talking while you are ahead (that is, not dead).
(2)
(0)
1
1
0
Read This Next
Continue with Facebook 
Continue with Google