Posted on Jul 26, 2023
Bowe Bergdahl court-martial conviction for Army desertion thrown out by federal judge
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I'm not a lawyer, never played one on TV, nor have I recently stayed at a Holiday Inn.....
This doesn't make sense to me. Have I missed something obvious?
Bergdahl plead guilty under UCMJ action and was sentenced by a military court (General Courts Martial). How does a Federal district judge have authority or jurisdiction over a case that was never part of his/her jurisdiction? IF I understand the process, wouldn't any appeal need to go through the Army Court of Criminal Appeals?
This doesn't make sense to me. Have I missed something obvious?
Bergdahl plead guilty under UCMJ action and was sentenced by a military court (General Courts Martial). How does a Federal district judge have authority or jurisdiction over a case that was never part of his/her jurisdiction? IF I understand the process, wouldn't any appeal need to go through the Army Court of Criminal Appeals?
Bowe Bergdahl court-martial conviction for Army desertion thrown out by federal judge
Posted from foxnews.comPosted in these groups: 
UCMJ
Criminal Justice
UCMJ Criminal Justice
Posted 9 mo ago
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There is a court of Military Review, then a Court of Military appeals, unless I missed something and I don't think I did only the US Supreme Court can overturn that and only on a point of Law. These were offenses under the UCMJ, a conviction in a Military Court Martial proceeding, and that Federal court has NO jurisdiction at all ! Their authority is ONLY over cases within civilian Federal Courts and unless a Military member was convicted in a trial there they have NO jurisdiction at all. The only civilian Federal Court to have the authority to even hear a appeal of a Court Martial conviction is the US Supreme Court and they have No obligation at all to do so.
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MSgt Steven Holt, NRP, CCEMT-P
SMSgt Lawrence McCarter - That's what I was thinking. Granted, my only experience with Courts Martial proceedings was serving as a Bailiff once and as a witness for the Prosecution once (separate cases).
I'm wondering how this Judge was even allowed to hear the case as it appears as that court would have no legal jurisdiction in the first place.
I'm wondering how this Judge was even allowed to hear the case as it appears as that court would have no legal jurisdiction in the first place.
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SMSgt Lawrence McCarter
MSgt Steven Holt, NRP, CCEMT-P - I've actually had a lot of experience testifying in not only Court Martials but US District Courts. Even JAG officers have spelled out the process I describe. One of the instructors in a law course I took also had been a Colonel in the US Army and a Judge on the Military Court of appeals, at the time of the course He was Chief Magistrate in the US District Court in Providence, RI ONLY the US Supreme court and only on a appeal to Courts decides to take can it be taken beyond the system within the UCMJ, Uniform Code of Military Justice. It the case didn't originate in a US District Court they have no right to hear the case at that level, ONLY the Supreme Court does.
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