Posted on 12/16/2015 10:08:00 AM PST by Kaslin
U.S. Army Sgt. Bowe Bergdahl will stand trial on charges of desertion and misbehavior before the enemy.
U.S. Army Gen. Robert Abrams' decision to try Bergdahl on these serious charges has raised a media firestorm. That is understandable for two reasons.
Military law is not just a disciplinary constraint but also a tool in preparing for combat and, once the fight begins, defeating the enemy. Many loudmouths who have never served in the military fail to grasp this fact. I'll expand on this in a moment.
The other reason is President Barack Obama's politicization of Bergdahl's release.
Let's deal with Obama first. A president brings instant and enormous media visibility to an issue. Obama, however, inevitably uses an event as a media opportunity to bash political adversaries, even when bashing may damage essential U.S. institutions. In the case of Bergdahl, he put the fundamentals of military justice at risk.
Bergdahl committed his alleged offenses in June 2009 while serving at Combat Outpost Mest-Malak in Afghanistan's Paktika province. He left his unit, and Taliban fighters captured him. In May 2014, President Obama exchanged five "high-risk" Afghan Taliban terrorists -- the Taliban Five -- for Bergdahl. The terrorists were held in Guantanamo Bay's prison.
Obama welcomed Bergdahl at a White House ceremony, which Bergdahl's parents attended. Obama didn't quite treat Bergdahl as a hero -- thank goodness -- but his meta-message was essentially: "Hey, Bowe's back. His service is honorable enough to rate moving five more prisoners from George W. Bush's Gitmo. So, press corps, can the messy questions."
As I scanned the ceremony's transcript, I wanted to ask the president: "Excuse me, sir. If Bergdahl deserves trial, have you improperly prejudiced the military justice system, which almost always involves investigations by military officers and decisions by commanders to hold a court-martial? Have you tampered with potential military jurors? As commander in chief, you have an institutional responsibility here. You know, sir, good order and discipline?"
Which segues back to the alleged crimes. Desertion is a charge familiar to the general public. Hollywood movies get the gist; the soldier left his duty post and did not intend to return. Misbehavior before the enemy is an obscure charge, one associated with complex circumstances that civilians will rarely encounter. Both charges are serious. Desertion in time of war is punishable by death. For good military reasons, both judicial and strategic, misbehavior before the enemy is punishable by life in prison.
You can find these charges in the Uniform Code of Military Justice, which governs U.S. service members. The military has its own code because military service involves harsh preparation, extraordinary rigors and enormous individual, group and national risks. Combat demands discipline. In violent, chaotic and dangerous circumstances, soldiers must immediately respond to orders and carry them out.
The UCMJ is a disciplinary tool, one vital to Gen. Abrams. Abrams commands U.S. Army Forces Command. He knows that in order to protect the U.S. Constitution, service members give up many of their individual rights. That's why he respects his own soldiers -- his good, disciplined soldiers.
At FORSCOM, Abrams' job is to prepare the Army to win wars. As a person, Bergdahl is a loser. As a soldier, he is a war loser -- a danger to his fellow soldiers and his unit.
And Abrams knows it.
"Misbehavior before the enemy" includes endangering the safety of fellow soldiers. The Army alleges that Bergdahl endangered the safety of his unit "by walking away and causing the military to launch 'search and recovery operations.'"
Let's grant that Bergdahl suffered during his five years as a Taliban captive. However, his la-di-da stroll from his duty station put the lives of scores of American soldiers at risk.
Now he has his day in court. Good. Let a jury decide his fate. He's already had his day in the Rose Garden.
Never having run afoul of the UCMJ (remarkably) I don’ know much about courts-martial.Did I read somewhere that every juror (or “panel member”) must outrank the accused?
The Bergdhal court martial is a military editorial of Obama before the public, without committing misconduct themselves by commenting on their CIC.
If he is found guilty can Obama just as easily give him a pardon, or is that option off the table since it is a court martial?
Every human being who loves their country and does the right thing in their day to day lives is an editorial of 0bama.
His la-di-da stroll from his duty station directly COST the lives of at least six American soldiers.
It was Obama's la-di-da stroll from his duty to keep dangerous Al Qeada off the battlefield that will put the lives of scores of American civilians at risk
Ditto this.
WIll he tho? As per the article Chairman O used this guy for his political adjenda. That didnt/isnt going well. Why bring them up again by a pardon? Why pardon a pawn?
No, the president can pardon him.
Of course O could “pardon” Bergdahl but he would always be marked with the stigma AND any President who grants a pardon owns the crime which he pardons. Like Gerald Ford pardoning Nixon, Clinton pardoning Marc Rich and other scoundrels, O pardoning a whole string of scum bags. Jimmy Carter pardoning the Puerto Rican terrorists who shot up the Congressional gallery and also (secretly) John F. Kerry on his Naval record for collaborating with the Viet-Cong
Bush was so afraid of stigma he let Scooter Libby twist in the wind and only “commuted” his jail sentence.
Has he ever expressed any remorse for those who died looking for his worthless ass?
Could he be tried so late in his presidency that it would be the next president to either pardon him or send him to the clink?
Sounds like a 60s Chuck Conners tv show!
I knew this guy as a 1st Lieutenant, way back in '86 or '87.
He does not suffer fools gladly.
His father was Creighton Abrams, for whom the tank was named.
I knew HIM from the VN era and was truly saddened when he died an untimely death from lung cancer.
There are others from the family, several brothers, but I can't recall them right now.
Be that as it may, GEN Abrams will do the right thing, in spite of undue influence exerted on him from Barky Obatshit.
I am convinced that Barky summoned GEN Abrams to the Pentagon from FORSCOM Hqs on the day this was announced, to attempt to get him to change his decision.
I'm thankful that the GEN stood strong.
It also renews my faith in the integrity of the current crop of senior officers.
To be honest, I have had many misgivings about some of them, particularly the so-called "Gen X'ers", that came in around '95 or so and were so influenced by the Clintons.
I truly believe that GEN Abrams will see justice done and there will be no coverup and whitewash.
That's not to say that Barky Odumshit won't pardon the guy after he's convicted, or that Barky won't try to influence the CM.
If a verdict is rendered before Barky goes, watch for Bergdahl's name to be on the midnight list of pardons that all the POTUS's do the night before they go out the door.
Bet on it.
See my post #16
He’s a modern-day PFC Garwood.
Hang by the neck until dead.
Yes, I remember him. Do you remember Lieutenant General Marion Collier Ross, by any chance?
They will in this case. He can be tried by a jury of officers, but can request half to be enlisted. They will be Senior NCOs if that happens and will outrank him.
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