Funny. The penalty for desertion in the face of the enemy used to be a noose or a firing squad. What happened?
desertion ....in the face of the enemy ...i would think is if you ran in battle
“Funny. The penalty for desertion in the face of the enemy used to be a noose or a firing squad. What happened?”
We no longer fight declared wars like WW’s 1&2, where you could actually kill the enemy and not face prosecution for it. We no longer have conscripts, which were kept in line with harsher, swifter and more final justice. We live in “enlightened” times where as long as you “feel” something it’s okay regardless of laws. Everything is now relative, rather than absolute. Lastly, the military is in a difficult spot. Their commander and chief thought he could control the narrative and make himself the savior and Bergdahl a hero. The military must not embarrass the president while at the same time pretending to administer justice.
I suspect the case will be lost on a technicality that relieves the military of having to further prosecute but keeps up the lie that they tried. Can you imagine the embarrassment for Obama if they were to try him for desertion or other crimes and then convict him?
No matter. Bergdahl should have nothing to fear as long as he’s convicted before January 19, 2016. On that date, obama will have the chance to pardon him, along with mumia abu jamal, leonard peltier, joanne chesimard, and others of his anti-American mindset.
Execution for desertion was never a widely used penalty. In fact, we've only done it one time since the Civil War; Eddie Slovik in 1945.
The UCMJ does not address “desertion in the face of the enemy”. I wrote up charges to know.
That is in time of war and any competent JAG officer should be able to make mincemeat if a charge of desertion in a time of war. We never declared war.