How Bowe Bergdahl Is Going to Get Acquitted

AZDuck

If not at trial, on appeal.

http://abcnews.go.com/Politics/alleged-deserter-bowe-bergdahl-doubts-fair-trial-trump/story?id=50501256

The three magic words are "unlawful command influence."

doogie

Pleading guilty is a strange strategy to achieve acquittal

https://www.yahoo.com/news/bergdahl-expected-plead-guilty-desertion-case-monday-074707026.html

AZDuck

doogie said:

Pleading guilty is a strange strategy to achieve acquittal

https://www.yahoo.com/news/bergdahl-expected-plead-guilty-desertion-case-monday-074707026.html

Except in the military justice system, where a convicted accused has an absolute right to an appeal, and the appellate court looks at all cases de novo.

This is how Bergdahl bypasses the trial judge and goes straight to ACCA. Him publically raising the issue of UCI in the press will also undoubtedly come up during the guilty plea inquiry, and could lead to the MJ finding his plea of guilty to be improvident.

RaceBannon

They should have shot him when they had a chance

Sledog

AZDuck said:

If not at trial, on appeal.

http://abcnews.go.com/Politics/alleged-deserter-bowe-bergdahl-doubts-fair-trial-trump/story?id=50501256

The three magic words are "unlawful command influence."

So your saying all the cops will always win on appeal?

Swaye

RaceBannon said:

They should have shot him when they had a chance

So much this.

doogie

I never blame the kids

HoustonHusky

AZDuck said:

doogie said:

Pleading guilty is a strange strategy to achieve acquittal

https://www.yahoo.com/news/bergdahl-expected-plead-guilty-desertion-case-monday-074707026.html

Except in the military justice system, where a convicted accused has an absolute right to an appeal, and the appellate court looks at all cases de novo.

This is how Bergdahl bypasses the trial judge and goes straight to ACCA. Him publically raising the issue of UCI in the press will also undoubtedly come up during the guilty plea inquiry, and could lead to the MJ finding his plea of guilty to be improvident.

2019 is going to be special.

AZDuck

HoustonHusky said:

AZDuck said:

doogie said:

Pleading guilty is a strange strategy to achieve acquittal

https://www.yahoo.com/news/bergdahl-expected-plead-guilty-desertion-case-monday-074707026.html

Except in the military justice system, where a convicted accused has an absolute right to an appeal, and the appellate court looks at all cases de novo.

This is how Bergdahl bypasses the trial judge and goes straight to ACCA. Him publically raising the issue of UCI in the press will also undoubtedly come up during the guilty plea inquiry, and could lead to the MJ finding his plea of guilty to be improvident.

2019 is going to be special.

I've waddled into a few military courtrooms. They're strange places.

TierbsHsotBoobs

AZDuck said:

doogie said:

Pleading guilty is a strange strategy to achieve acquittal

https://www.yahoo.com/news/bergdahl-expected-plead-guilty-desertion-case-monday-074707026.html

Except in the military justice system, where a convicted accused has an absolute right to an appeal, and the appellate court looks at all cases de novo.

This is how Bergdahl bypasses the trial judge and goes straight to ACCA. Him publically raising the issue of UCI in the press will also undoubtedly come up during the guilty plea inquiry, and could lead to the MJ finding his plea of guilty to be improvident.

All that being said, Jake Browning sucks.

HoustonHusky

AZDuck said:

HoustonHusky said:

AZDuck said:

doogie said:

Pleading guilty is a strange strategy to achieve acquittal

https://www.yahoo.com/news/bergdahl-expected-plead-guilty-desertion-case-monday-074707026.html

Except in the military justice system, where a convicted accused has an absolute right to an appeal, and the appellate court looks at all cases de novo.

This is how Bergdahl bypasses the trial judge and goes straight to ACCA. Him publically raising the issue of UCI in the press will also undoubtedly come up during the guilty plea inquiry, and could lead to the MJ finding his plea of guilty to be improvident.

2019 is going to be special.

I've waddled into a few military courtrooms. They're strange places.

Maybe, but its not everyday they are dealing with some idiot who decided and now admitted to go hang out with the Taliban for a few years, and then knowing the fact we gave up a few terrorists to bring him back by a different idiot. Call me crazy but I'm guessing that won't be looked at too kindly by military courts.

But hey...maybe you'll be right and 2019 will be special for you...

AZDuck

HoustonHusky said:

AZDuck said:

HoustonHusky said:

AZDuck said:

doogie said:

Pleading guilty is a strange strategy to achieve acquittal

https://www.yahoo.com/news/bergdahl-expected-plead-guilty-desertion-case-monday-074707026.html

Except in the military justice system, where a convicted accused has an absolute right to an appeal, and the appellate court looks at all cases de novo.

This is how Bergdahl bypasses the trial judge and goes straight to ACCA. Him publically raising the issue of UCI in the press will also undoubtedly come up during the guilty plea inquiry, and could lead to the MJ finding his plea of guilty to be improvident.

2019 is going to be special.

I've waddled into a few military courtrooms. They're strange places.

Maybe, but its not everyday they are dealing with some idiot who decided and now admitted to go hang out with the Taliban for a few years, and then knowing the fact we gave up a few terrorists to bring him back by a different idiot. Call me crazy but I'm guessing that won't be looked at too kindly by military courts.

But hey...maybe you'll be right and 2019 will be special for you...

Right, but if he's pleading he's got a deal with a built-in maximum in hand, unless he's pleading "naked," which happens but is extremely rare.

"Unlawful command influence" isn't a "waivable" motion, which means that an accused can plead guilty without waiving the affirmative defense of UCI on appeal.

I know people who actually got shot and shit who were out looking for Bergdahl, so I and many other folks are watching this case with interest. That being said, being locked in a cage, strapped to a bedframe and beaten with PVC pipes after escape attempts, and probable sodomy and other fun things the Taliban do to their captives... it may just be that he's paid for his crime.

But I guarantee you that Phil Cave isn't just talking to the judge when he and his client are going to the press with UCI.

I figured he would get an other-than-honorable discharge under Chapter 10 with no jail time, or a punitive discharge with little to no jail time. No chance in hell is this thing going before a panel.

doogie

I too, have seen the inside of a Military courtroom

https://m.youtube.com/watch?v=9FnO3igOkOk

Sledog

Pleading guilty is hard to overturn on appeal.

AZDuck

Sledog said:

Pleading guilty is hard to overturn on appeal.

Happens all the time at ACCA and CAAF.

HuskyJW

How can you guys think of Bergdahl when on Twitter today it's

#howiwillchange

Sledog

AZDuck said:

Sledog said:

Pleading guilty is hard to overturn on appeal.

Happens all the time at ACCA and CAAF.

Should face a firing squad.

doogie

#metoo

AZDuck

http://abcnews.go.com/International/wireStory/bergdahl-life-prison-endangering-comrades-50653140

doogie

I read that Bergdahl admitten guilt to the judge then followed up to say, his actions were inexcusable. He didn't offer up any mitigation to his circumstances or sentance.

Also read it's important to this Judge the public view the military court system with integrity.

Berg Dahl going down

AZDuck

Mitigation evidence isn't relevant on the merits of a guilty plea. It is on sentencing, which is what is going to happen now. The judge is a rock star. He will do a good job with this one.