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How Bowe Bergdahl Is Going to Get Acquitted
AZDuck
Member Posts: 15,381
in Tug Tavern
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."
http://abcnews.go.com/Politics/alleged-deserter-bowe-bergdahl-doubts-fair-trial-trump/story?id=50501256
The three magic words are "unlawful command influence."
Comments
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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.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
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.
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They should have shot him when they had a chance
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So your saying all the cops will always win on appeal?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 much this.RaceBannon said:They should have shot him when they had a chance
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I never blame the kids
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2019 is going to be special.AZDuck said:
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.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
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. -
I've waddled into a few military courtrooms. They're strange places.HoustonHusky said:
2019 is going to be special.AZDuck said:
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.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
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.AZDuck said:
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.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
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. -
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.AZDuck said:
I've waddled into a few military courtrooms. They're strange places.HoustonHusky said:
2019 is going to be special.AZDuck said:
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.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
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.
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.HoustonHusky said:
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.AZDuck said:
I've waddled into a few military courtrooms. They're strange places.HoustonHusky said:
2019 is going to be special.AZDuck said:
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.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
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.
But hey...maybe you'll be right and 2019 will be special for you...
"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. -
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Pleading guilty is hard to overturn on appeal.
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Happens all the time at ACCA and CAAF.Sledog said:Pleading guilty is hard to overturn on appeal.
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How can you guys think of Bergdahl when on Twitter today it's
#howiwillchange -
#metoo
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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 -
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.
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Integrity will take a huge step forward with a life sentance, agree
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I wouldn't get my hopes up in that casedoogie said:Integrity will take a huge step forward with a life sentance, agree
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I would expect any Obama judge to make a purely political point from the bench.
Real Judges however, will come to the right conclusion and issue a fair sentance. -
Real Military Judges aren't appointed by the President.
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No jail tim.
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. -
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.
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Helps Trump IMO
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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.
https://m.youtube.com/watch?v=9FnO3igOkOk
https://m.youtube.com/watch?v=xIAJl-wZElg