Posted on Aug 29, 2020
Court Upholds Bowe Bergdahl's Sentence Despite Trump 'Dirty Traitor'Comments
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People should really read the opinion before commenting, available at https://www.armfor.uscourts.gov/newcaaf/opinions/2019OctTerm/190406.pdf
For those who think Bergdahl's a traitor, the Court clearly states that he is not, saying "importantly, the record does not support the contention that [Bergdahl] was a traitor." Slip op. at 11. So the positions of Lt Col Brown and MSgt Clifford are just wrong. As to the contention by MSG Cristofaro that the trial should be thrown out and he should be retried, that's not how it would work. The appeal was on the basis of unlawful command influence, or misconduct on the part of the government. If Bergdahl had won, he would be deemed acquitted and unable to be retried.
For those who think Bergdahl's a traitor, the Court clearly states that he is not, saying "importantly, the record does not support the contention that [Bergdahl] was a traitor." Slip op. at 11. So the positions of Lt Col Brown and MSgt Clifford are just wrong. As to the contention by MSG Cristofaro that the trial should be thrown out and he should be retried, that's not how it would work. The appeal was on the basis of unlawful command influence, or misconduct on the part of the government. If Bergdahl had won, he would be deemed acquitted and unable to be retried.
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Capt Gregory Prickett
SFC John Wade - the reason that he wasn't charged with treason is because the investigation showed that he didn't commit treason, and he was convicted under the Trump administration.
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Capt Gregory Prickett
SFC John Wade - do you know what is required to prove treason? Why don't you give us the elements of the offense, and exactly how Bergdahl violated that law?
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Capt Gregory Prickett
Wayne Waters - No, he did not. He was captured and held prisoner by the Taliban. And we don't leave our soldiers behind on the battlefield. Period. We get them back, and then if they need to be prosecuted for misconduct, as Bergdahl did, we court-martial them.
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Article has good points from the judges who upheld the sentence: He chose to plead guilty and keep guilty plea. Bergdahl also received a lenient sentence which did not include any additional prison time.
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LTC Jason Mackay
He also in his own words admitted to every element of the UCMJ articles he was being charged with. Doubled down with doing the same with the Podcast Serial Episode 1.
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