Posted on Oct 26, 2017
Army judge considering dismissing case against Bowe Bergdahl after 'Trump made it impossible to...
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UCMJ
Desertion
Bergdahl
Posted >1 y ago
Responses: 6
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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.
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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.
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SFC (Join to see)
MSgt Daryl Seward - But he was asked about Bergdahl again in the last week and he said "I stand by my comments that he's a traitor." So he DID say it WHILE President.
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Capt Gregory Prickett
SSG (Join to see) - I'm not from JAG, but I am a lawyer. Unlawful Command Influence isn't limited to the military judge or jury. It also takes into account the review process, and in this case, the review will be by a new four-star who depends on the President for his next assignment. It presents the appearance that the President could influence the process, and that's sufficient to dismiss the charges or limit punishment.
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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).
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