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Bowe Bergdahl charged with desertion, Could face life in prison but unlikely
Coach is Right ^ | March 28, 2015 | Jim Emerson, staff writer

Posted on 03/28/2015 11:51:12 AM PDT by darkwing104

The Army has charged Bowe Bergdahl with desertion and has referred to an Article 32 military preliminary hearing which is the military version of a grand jury. Their job is to determine whether the charges against Bergdahl are sufficient for a court-martial trial or whether they should be dropped altogether. The court proceedings will be held at joint base San Antonio-Fort Sam Houston, Texas.

The charges filed against Bergdahl under The Uniform Code of Military Justice are articles 85 and 99.

Article 85 – Desertion

Any member of the armed forces who, without authority, goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.

Article 99 – Misbehavior before the enemy

Any member of the armed forces who before or in the presence of the enemy—runs away; shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend; through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; casts away his arms or ammunition; is guilty of cowardly conduct.

However, due the political nature of the Bergdahl trade

(Excerpt) Read more at coachisright.com ...


TOPICS: Military/Veterans; Politics
KEYWORDS: bergdahl; courtmartial; deserter
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1 posted on 03/28/2015 11:51:12 AM PDT by darkwing104
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To: darkwing104

They haven’t promoted him to Sergeant Major of the Army yet? What are they waiting for? He’s the poster child for the Obama era. Just look at who the Secretary of State is.


2 posted on 03/28/2015 11:52:57 AM PDT by 2ndDivisionVet (You can help: https://www.tedcruz.org/donate/)
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To: darkwing104

That face has Taliban written all over it. Like father, like son.


3 posted on 03/28/2015 11:57:50 AM PDT by freedom6178
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To: darkwing104

0bama will pardon.


4 posted on 03/28/2015 11:59:12 AM PDT by SkyDancer (I Was Told Nobody Is Perfect But Yet, Here I Am ...)
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To: darkwing104

When will that $5 billion for his swap get refunded to the taxpayers?


5 posted on 03/28/2015 12:00:53 PM PDT by bgill (CDC site, "we still do not know exactly how people are infected with Ebola")
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To: bgill

When will the guys who died looking for him get their lives back?


6 posted on 03/28/2015 12:02:18 PM PDT by Regulator
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To: darkwing104

I wonder if the cell vacated by John Anthony Walker last year has been filled yet.


7 posted on 03/28/2015 12:05:34 PM PDT by CrazyIvan (I lost my phased plasma rifle in a tragic hovercraft accident.)
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To: darkwing104

How long before the administration forces the army to go easy on him? after all, he converted to the religion of peace. That makes him special in the eyes of the administration.


8 posted on 03/28/2015 12:08:06 PM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: SkyDancer
0bama will pardon.

If a President can veto Congressional legislation, then the Congress should be able to veto a Presidential pardon.

I know that's not in the Constitution, but this pardon stuff (as it is now) is just a bit too imperial for my tastes. Just saying...

9 posted on 03/28/2015 12:19:46 PM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: Leaning Right

Kinda started when Gerald Ford pardoned Nixon before he was tried in court and sentenced.


10 posted on 03/28/2015 12:22:50 PM PDT by SkyDancer (I Was Told Nobody Is Perfect But Yet, Here I Am ...)
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To: SkyDancer
Kinda started when Gerald Ford pardoned Nixon before he was tried in court and sentenced.

Hmmm...I suppose I was in favor of that pardon, but only reluctantly so. Still I would have liked to have Congress vote on it. Unless there is a 2/3 majority "nays" in each chamber, the pardon stands.

Mark Levin, did you get that?

11 posted on 03/28/2015 12:29:10 PM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: darkwing104

I wat him to be trued for treason. He directed attacks against his own base as mortar fire was reported to be far more accurate after he joined the enemy.

He should be facing death, not life.

Then we must address Obamas trading one muslim for five without authorization of Congress. It borders on treason, or terminal stupidity.


12 posted on 03/28/2015 12:39:15 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: 2ndDivisionVet

I know it’s one of the most trivial aspects of this whole mess but can ANYONE tell me how he was promoted from Private to Sergeant while he was gone? I’m thinking his entire unit knew he deserted so how did his CO let that go through?


13 posted on 03/28/2015 12:43:10 PM PDT by EandH Dad (sleeping giants wake up REALLY grumpy)
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To: EandH Dad

I believe he was a Private First Class (E-3), not Private (E-1 or E-2) when he left and was automatically promoted to Specialist (E-4) and Sergeant (E-5) while in “captivity” as is normally done for prisoners of war. John McCain and other Vietnam POWs were promoted in absentia, IIRC.


14 posted on 03/28/2015 12:48:20 PM PDT by 2ndDivisionVet (You can help: https://www.tedcruz.org/donate/)
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To: darkwing104

The imposter and chief will pardon him when he leaves


15 posted on 03/28/2015 12:53:14 PM PDT by ronnie raygun (Empty head empty suit = arrogant little bastard)
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To: darkwing104

At a very minimum, he cost the lives of six American soldiers who were trying to retrieve him. How much he helped the Taliban isn’t known. There are capital crimes there that he isn’t being charged with, likely for political reasons. It would be nice if he would be shot while trying to escape, a popular option in Southeast Asia.


16 posted on 03/28/2015 1:07:47 PM PDT by JimSEA
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To: darkwing104

Actually, I suspect that the Army is playing for time. The trial will START on January 22, 2017. . .


17 posted on 03/28/2015 1:40:40 PM PDT by Salgak (Peace Through Superior Firepower. . . .)
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To: darkwing104

All this time has passed and no Art 32 investigation has been undertaken??? Clearly the White House has interfered with the case and does not want this traitor/deserter to go to prison.


18 posted on 03/28/2015 2:25:14 PM PDT by armydawg505
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To: Regulator

If the TRAITOR walks, how long before he has a FATAL ACCIDENT?


19 posted on 03/28/2015 2:29:28 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: SkyDancer

Folks have been getting pardoned for centuries.

It goes back a lot further than color TV.


20 posted on 03/28/2015 2:52:28 PM PDT by Vermont Lt (When you are inclined to to buy storage boxes, but contractor bags instead.)
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