Skip to comments.Bergdahl awaits another gift from President Obama
Posted on 12/20/2016 7:36:47 AM PST by luke1825
Who would have thought that Bowe Bergdahl would score a presidential pardon before Hillary Clinton?
Not that President Barack Obama has pardoned either one -- at least not yet.
But Christmas is coming. So don't be surprised if Obama lets Sgt. Bergdahl walk instead of having him stand trial, as scheduled, for desertion and misbehavior in the face of the enemy.
U.S. Army Sgt. Bergdahl endangered his fellow soldiers when he walked off his post in Afghanistan in 2009, leaving his weapon and body armor behind, and walked into the arms of the Taliban.
(Excerpt) Read more at lowellsun.com ...
if Obama hints at a pardon, the Army should upgrade the charges to treason. No presidential pardon allowed for that.
“if Obama hints at a pardon, the Army should upgrade the charges to treason. No presidential pardon allowed for that.”
Are you sure? Source?
The only exception to the President’s power of pardon is “cases of impeachment”. So if he wants to pardon Bergdahl, even for treason, there is nothing anyone can do about it.
Obama will pardon him so he can go back to his friends in Afghanistan
You know damn well he’s gonna pardon him 15 minutes before he leaves the Whitehouse for the last time. That way, he’ll get a chance to grab Bowe’s mamas a** again.
“That way, hell get a chance to grab Bowes mamas a** again.”
You mean the dad’s?
As Trump said she has terrible judgement
You mean papa’s ass, don’t you?
Has baby boy Bowe ever spoken to kooky mom and crazy dad since he was “rescue?”
That has always struck me as being extremely odd - that he didn’t talk to his parents when he returned.
You are correct; I was mistaken. Presidential pardon power extends to all offenses except in cases of impeachment. Not sure where I translated cases of impeachment to treason, but I clearly misremembered my past readings of Article II.
I didn’t say you were wrong but I had never heard that. Thanks for checking.
So is there any hint that Obama is even thinking of this? I know that he has been mentioned as a pardon candidate along with Bradley Manning but I think Obama is too busy pardoning drug convictions to deal with either one.
Well you could dig it out here:http://www.heritage.org/constitution/#!/articles/2/essays/89/pardon-power
LOL I spent 40 years looking things up.. I’m retired. But thanks. Nice website.
Pardons for treason have been givien before,
Proclamation 179Granting Full Pardon and Amnesty for the Offense of Treason Against the United States During the Late Civil War
December 25, 1868
POS should have been shot on the spot once they saw he went native. Now the only alternative is a hanging
“Now the only alternative is a hanging”
Not the ONLY alternative...............
I remember that Hilary’s get out of jail card from the FBI investigation was if she “intended” to commit the crime as a crime.
Certain types of offenses committed by military personnel assume the aspect of treason and present a rather difficult problem, not in establishing the fact that the act was committed, but in establishing that the act was committed with a specific intent and therefore is a treasonable act. * Lucrus E. YouNG, Lt. Col., Inf., U.S.A., 2nd year student, Washington College of Law, American University.
To convict a person of treason in a civil federal court, the specific intent must be shown; in military courts, no specific -intent must be shown. Articles 99, 100, 104 and 105 of the Code (M.C.M. 1951, pp. 443-444) provide military jurisdiction over offenses involving surrender, compelling surrender, aiding the enemy and misconduct as a prisoner of war. Three of these Articles specifically confer jurisdiction upon “any person subject to this code,” while Article 104 (aiding the enemy) confers jurisdiction over “any person who” aids or attempts to aid the enemy or communicates with the enemy. All of them, in varying degrees, may be said to be acts of betrayal of one’s country.
Do not know if you can issue a pardon if there is not a conviction.
I’m sure you can....it’s just semantics...
Nixon was pardoned...but never convicted.
Poor Bowe has been in the spotlight for so long and his trial is not until next spring, he deserves a break.
Members of his former unit should be allowed to take him on a week camping trip, far from civilization, to catch up on old times.
If,by chance,I'm correct it seems possible that this pig's case won't even go to trial.So it could be that the pig walks whatever happens.
Yep. In 1866, the Supreme Court ruled in Ex parte Garland that the pardon power "extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment." (In that case, a former Confederate senator successfully petitioned the court to uphold a pardon that prevented him from being disbarred.) Generally speaking, once an act has been committed, the president can issue a pardon at any timeregardless of whether charges have even been filed.
Source: Preemptive Presidential Pardon
Obama may pardon Bergdahl, but the public and those that served with him will never do it. Bergdahl even if pardoned will remain Pariah for the rest of his life.
If Obama pardons Bergdahl for crimes under the UCMJ; Bergdahl should be tried for treason under Federal Statute.
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