And, again, I was right when I predicted an Obama appointed Judge would make a purely political point from the bench to further weaken the Military and our legal system.
Presidents don't appoint military judges. COL Nance has been on the bench since at least 2011, and he might have been appointed to the Trial Judiciary during the Bush Administration.
This is a tough case, because I'm conflicted about the people that got hurt and the fact that the Army let in a dumbass who got chaptered from a sister service for mental health issues.
1 deserter free, 5 terrorists returned to the battlefield, 5 US dead Chumps who chose to follow orders and look for the deserter who chose not to, that the Board Commies line up to defend.
1 deserter free, 5 terrorists returned to the battlefield, 5 US dead Chumps who chose to follow orders and look for the deserter who chose not to, that the Board Commies line up to defend.
wow, they sure did get that sentencing transcript completed and sent to you fast
No, you have no fucking idea. Any Soldier, and I was sitting in a room with about 150 of them today, would tell you that they would rather the Army go collect deserters and trade them for fucking Taliban generals if it means that they can rest assured that the Army will do everything in its power to get them back if they are killed or captured.
That promise helps keep our Soldiers, the good ones, in combat.
I'm a little surprised that the trial judge found Bergdahl's plea of guilty to desertion provident, since I read that he was supposedly headed to another FOB to blow the whistle on something or other (ie. bullshit). But I haven't read the transcript either.
EDIT: just read on CAAFlog:
Sgt. Bergdahl is charged under the U.S. Armed Forces’ Uniform Code of Military Justice with: (1) Article 85: “Desertion with Intent to Shirk Important or Hazardous Duty;” and (2) Article 99: “Misbehavior before the Enemy by Endangering the Safety of a Command, Unit or Place.”
Sgt. Bergdahl entered pleas of guilty to both charges, but indicated his period of desertion was for only one day. Following the entry of pleas, the government introduced evidence in support of the position that the period of desertion was for the entire period of Sgt. Bergdahl’s captivity. The military judge found Sgt. Bergdahl guilty of both charges with a one day period of desertion. The military judge also denied a defense motion to dismiss one of the charges as excessive, but announced he would combine both charges for sentencing purposes.
And, we have our first POTUS tweet… The MJ owns the case until authentication. Time to refile the UCI motion? POTUS has now weighed in, again. Could that serve a chilling effect on the clemency process, assuming Bergdahl asks for clemency from the CA? Or as he challenges the previous UCI rulings on appeal? Now, perhaps, the MJ dismisses the case. Let the games continue…
And this, really, is the point. Trump doesn't know anything about the military justice system and he's too proud, stubborn or both to listen to the generals who are around him and do understand these problems.
He is handing one of the best private practitioners of military law grounds for appeal in a case where the Defense already got a favorable result. Given that the crime hapened in 2009, the version of the Code then in effect gave the commanding general plenary authority to do whatever he feels like with the case. For that matter, the MJ still owns the case.
Those are the outer edges of what Frank Spinner can now request on his inevitable UCI appeal.
Comments
Real Judges however, will come to the right conclusion and issue a fair sentance.
If the CG approves the sentence as adjudged, case goes to ACCA/CAAF.
If the CG takes away the punitive discharge, sentence will stand.
If case goes to ACCA/CAAF, unlawful command influence will be briefed and argued.
This is a tough case, because I'm conflicted about the people that got hurt and the fact that the Army let in a dumbass who got chaptered from a sister service for mental health issues.
If allowed to stand, this political stunt to intentionally harm the Military will do damage
1 deserter free, 5 terrorists returned to the battlefield, 5 US dead Chumps who chose to follow orders and look for the deserter who chose not to, that the Board Commies line up to defend.
Stop being naive, Kate.
That promise helps keep our Soldiers, the good ones, in combat.
I'm a little surprised that the trial judge found Bergdahl's plea of guilty to desertion provident, since I read that he was supposedly headed to another FOB to blow the whistle on something or other (ie. bullshit). But I haven't read the transcript either.
EDIT: just read on CAAFlog:
Sgt. Bergdahl is charged under the U.S. Armed Forces’ Uniform Code of Military Justice with: (1) Article 85: “Desertion with Intent to Shirk Important or Hazardous Duty;” and (2) Article 99: “Misbehavior before the Enemy by Endangering the Safety of a Command, Unit or Place.”
Sgt. Bergdahl entered pleas of guilty to both charges, but indicated his period of desertion was for only one day. Following the entry of pleas, the government introduced evidence in support of the position that the period of desertion was for the entire period of Sgt. Bergdahl’s captivity. The military judge found Sgt. Bergdahl guilty of both charges with a one day period of desertion. The military judge also denied a defense motion to dismiss one of the charges as excessive, but announced he would combine both charges for sentencing purposes.
http://www.cnn.com/2017/11/03/politics/donald-trump-bowe-bergdahl-twitter/index.html
a military justice practitioner: And this, really, is the point. Trump doesn't know anything about the military justice system and he's too proud, stubborn or both to listen to the generals who are around him and do understand these problems.
He is handing one of the best private practitioners of military law grounds for appeal in a case where the Defense already got a favorable result. Given that the crime hapened in 2009, the version of the Code then in effect gave the commanding general plenary authority to do whatever he feels like with the case. For that matter, the MJ still owns the case.
Those are the outer edges of what Frank Spinner can now request on his inevitable UCI appeal.