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DOJ asks judge to deny Bergdahl’s attempt to throw out conviction for deserting Army
americanmilitarynews.com ^ | Aug. 20. 2021 | RYAN MORGAN

Posted on 08/20/2021 4:43:35 PM PDT by PROCON

The Department of Justice filed a motion this month to dismiss a petition filed by Bowe Bergdahl in which he sought to have his military conviction and sentence overturned.

Bergdahl, a former U.S. Army sergeant, has filed multiple appeals in an effort to overturn his conviction after he pled guilty to desertion and misbehavior before the enemy when he fell captive to the Taliban in June 2009 after leaving his outpost in eastern Afghanistan. Bergdahl most recently filed an appeal in February, alleging former President Donald Trump and the late Sen. John McCain (R-AZ) exerted undue influence over his case.

On August 2, the Justice Department’s civil division filed a motion asking U.S. District Court Senior Judge Reggie Walton to throw out Bergdahl’s appeal.

In their motion, the DOJ noted prior claims Bergdahl had raised that undue influence from Trump had undermined his right to a fair trial.

“Mr. Bergdahl’s claims of unlawful command influence were considered, and rejected, three times by the military judge presiding over his court-martial, and they were rejected another five times by military courts of appeal,” the DOJ’s motion reads. “During court-martial proceedings, Mr. Bergdahl brought three motions based on alleged unlawful command influence, first based on statements by Senator McCain, and then on remarks by President Trump. The parties offered over two hundred pages of briefing and exhibits, and extensive argument on the allegations, and the military judge issued three carefully-reasoned decisions rejecting Mr. Bergdahl’s claims.”

When Bergdahl initially went missing from his post in 2009, thousands of U.S. troops stationed in Afghanistan joined the search efforts to find him. Several U.S. troops were injured during search efforts in the months directly following Bergdahl’s disappearance.

“During the course of that grueling effort, many got sick. Some sustained serious, life-altering injuries,” the DOJ motion states. “Then-Corporal Jonathan Morita was shot in his dominant hand with a rocket-propelled grenade. Senior Chief James Hatch was shot in the leg at close range with an AK-47, shattering his femur, and requiring eighteen follow up surgeries.

Master Sergeant Mark Allen was shot in the head, requiring over a dozen surgeries. He was left suffering chronic pain for the rest of his life, unable to speak, interact with his children, or perform any basic life functions for himself.”

Allen died in 2019, at the age of 46, after a series of illnesses 10 years after he was shot, CNN reported.

In addition to noting Bergdahl’s guilty plea at trial, the DOJ motion noted, “Mr. Bergdahl acknowledged his role in bringing about these consequences. He explained that ‘[s]aying the words ‘I’m sorry’ is not enough . . . . [o]ffering condolences isn’t enough . . . . I can only hope that my accepting responsibility for my mistake . . . can help.”

While prosecutors originally pushed for Bergdahl to face up to 14 years in prison, he was ultimately given no prison time. A judge instead gave Bergdahl a dishonorable discharge, a reduction in rank and a forfeiture of some of his pay.


TOPICS: Military/Veterans
KEYWORDS: bowebergdahl; deserter; wot
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Why this traitorous SOB is still alive pisses us all off.

That he had the audacity to ask that his conviction and sentence be overturned is outrageous.

Glad the DOJ refused him.

1 posted on 08/20/2021 4:43:35 PM PDT by PROCON
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To: Jet Jaguar; GreyFriar

Ping


2 posted on 08/20/2021 4:44:25 PM PDT by PROCON (Our rights do not come from government, therefore they cannot take them away.)
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To: PROCON

A timely piece of news.


3 posted on 08/20/2021 4:45:01 PM PDT by Pearls Before Swine
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To: PROCON

i assume he is in Kabul reunited with his Taliban buddies by now


4 posted on 08/20/2021 4:49:29 PM PDT by avital2
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To: PROCON

We need a refund


5 posted on 08/20/2021 4:49:30 PM PDT by NWFree (Somebody has to say )
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To: PROCON

Right on!


6 posted on 08/20/2021 4:56:36 PM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running? )
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To: markomalley; DYngbld; TADSLOS; xsrdx; big'ol_freeper; Mark17; mikefive; JDoutrider; ...

Ping.


7 posted on 08/20/2021 4:58:57 PM PDT by Jet Jaguar (Fascists never think they’re the fascists.)
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To: PROCON

I can’t believe this turd hasn’t received some barracks justice.


8 posted on 08/20/2021 4:59:12 PM PDT by clintonh8r (Truth is hate speech to those who hate the truth)
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To: PROCON

If he moves to Afghanistan, grant his motion


9 posted on 08/20/2021 5:03:43 PM PDT by eyeamok (founded in cynicism, wrapped in sarcasm)
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To: Jet Jaguar

every breath that POS draws is proof of how lawful a gun owning citizenry we are or he’d of been a deadunit years ago...


10 posted on 08/20/2021 5:03:51 PM PDT by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. P144:1)
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To: Jet Jaguar

Mrs bergdahl must have lost her touch


11 posted on 08/20/2021 5:04:08 PM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: PROCON

So has he learned how to speak English again?


12 posted on 08/20/2021 5:10:52 PM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: PROCON

‘While prosecutors originally pushed for Bergdahl to face up to 14 years in prison, he was ultimately given no prison time. A judge instead gave Bergdahl a dishonorable discharge, a reduction in rank and a forfeiture of some of his pay.’

He should have been shot!


13 posted on 08/20/2021 5:14:29 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign! )
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To: Jim from C-Town

John lindh the American taliban should have been executed on the battlefield but he is now out of jail and still holds extremist beliefs. Dont worry though the real bad guys are the Capitol riotors and they will be dealt with.


14 posted on 08/20/2021 5:20:57 PM PDT by 98charlie
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To: PROCON

Drag this piece of crap into the nearest courtyard and hang him by the neck until he is dead.

Then piss on his corpse.

L


15 posted on 08/20/2021 5:22:22 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is. )
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To: eyeamok

My Army son knows several guys that served with Bergdahl. They all said that he was always a POS. I was in Fayetteville, NC visiting my son who was stationed at Ft. Bragg. That is when Bergdahl was brought there for his trial. The Soldiers were not allowed to be around him. Otherwise, barracks justice would have prevailed. We were all disgusted when he got off so lightly. He truly is a POS.


16 posted on 08/20/2021 5:24:24 PM PDT by Enough_Deceit (Proud Mama of a US Marine and a US Soldier Bitterly Hanging On to Her Guns and Religion. Ooorahh!)
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To: Chode
every breath that POS draws is proof of how lawful a gun owning citizenry we are or he’d of been a deadunit years ago...

Yes, and that Jane Fonda is still alive after all these years.

17 posted on 08/20/2021 5:31:00 PM PDT by libertylover (Our biggest problem by far is that most of the news media is hate & agenda driven, not truth driven.)
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To: PROCON

Good for them. And I’m moderately surprised the DOJ is supporting the Army.


18 posted on 08/20/2021 5:32:29 PM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: PROCON; archy; xzins; SandRat; HarleyLady27; BlackFemaleArmyColonel; Interesting Times; ...

Surprisingly good news.


19 posted on 08/20/2021 5:34:21 PM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: GreyFriar

Should have been hanged.


20 posted on 08/20/2021 5:42:56 PM PDT by military cop (I carry a .45....cause they don't make a .46....)
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