Posted on 12/22/2015 8:05:20 AM PST by ColdOne
U.S. Army Sgt. Bowe Bergdahl, who disappeared in Afghanistan in 2009 and was held by the Taliban for five years, made his initial court appearance Tuesday at Fort Bragg – where he opted for a mix of civilian and military defense lawyers.
Bergdahl, who appeared before a military judge in North Carolina on charges of desertion and misbehavior before the enemy, chose to defer his plea. While deciding on a mix of lawyers for his defense, he also deferred a decision on whether he will be tried by a military judge or a mixed court composed of officers.
The next hearing is set to be held Jan. 12, 2016.
(Excerpt) Read more at foxnews.com ...
Is he in the stockade for the holidays?
I don’t think so.
Hang him ...
Obama in pocket. I harken back to that old 70s song from the Pretenders, “Brass in Pocket.”
My guess is that Obama’s minions are doing a little “judge-shopping” during the Holiday Season. Bergdahl’s plea & decision on judge/Jury court will await the results.
Since when can you ‘defer’ your plea?
You’re there to plead guilty or not guilty- not “I’ll tell you some other time”
This should be taken as a ‘not guilty’ plea, for now. He can always plead guilty later if so inclined.
This is an OBAMA STALL TACTIC. They want this off the radar for another 11 months, at minimum
He confessed to willfully abandoning his post.
Trump said he would release Bergdahl. From a plane over Afghanistan at 30,000 feet.
Hussein has largely disappeared him in the US.
An arraignment in a military court simply locks in the charges that the accused is facing and stops the 120-day clock. Normally, the prosecution has 120 days from preferral of charges to the first court date. Once the accused is arraigned, that countdown stops.
The accused, through counsel, can defer entering a plea, initiating pretrial motions, or making a forum selection (either judge alone or panel) at an arraignment. This is an allowable procedure under the Manual for Courts-Martial.
Again, normally, the military judge will docket the next session of the case for pretrial motions, if there are any. There could be any number of motions hearings, depending on the motions filed by either side. If there are no motions or once all motions have been ruled upon or deferred by the judge, the next session would be for a trial on the merits, determination of guilt or innocence, and sentencing if the accused has been found guilty of any specification. Prior to the commencement that, the accused makes forum selection .. trial by military judge alone, trial by a panel of officers, or, if enlisted, a trial by a panel composed of one-third enlisted personnel .. and enters pleas.
I have worked in military courts for 37 years; so far, nothing about the procedure in this case is anything unusual. The fun begins during the motions hearing and the trial itself.
Personally, my opinion is that the longer this trial takes, the happier I am. It needs to still be in progress by the time the next President takes office. If it is completed before Obama leaves office, he can pardon him. If it is still in progress, he can't.
Hand picked by the Lizard Queen.
Big problem with our courts, both military and civilian. Too many delays for procedure. Make your plea, and bring your best defense, that’s it, let’s go!
That would be a no as it would be punishment before the trial.
For the Republic, his protectors, enablers,
and lawyers should be decimated.
Thank you for the info on how the process works.
;)
Interesting take. Thanks for your expert analysis.
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