Posted on Jul 25, 2023
Judge vacates Bowe Bergdahl’s desertion conviction
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Posted 1 y ago
Responses: 1
I'm more interested in how a civilian judge had jurisdiction over a military Courts Martial (I realize SCOTUS would be the ultimate appellate court). If that's the case, we might as well throw out the UCMJ and just use civilian statutes for everything.
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SMSgt Lawrence McCarter
You are correct, only the Court of Military review or beyond that the court of Military appeals has jurisdiction and the ONLY level beyond that with the authority to even hear the case is the US Supreme Court. That Judge exceeded his authority and heard a case He had no right to even have before Him ! Federal law is very specific about that and the system under the UCMJ and ONLY Congress has the authority to change the law relative to UCMJ proceedings and appeals. and that hasn't happened.
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