Posted on 06/03/2014 4:09:02 PM PDT by mandaladon
According to a report from the Associated Press, Joint Chiefs of Staff Chairman General Martin Dempsey has said the Army still may pursue desertion charges against Sgt Bowe Bergdahl, the just-released American GI held captive by the Taliban for more than five years.
Whether the Army ultimately decides to refer desertion charges against Sgt. Bergdahl remains an open question, and it is still too early to tell.
To prove an American service member guilty of desertion under Article 85 of the Uniform Code of Military Justice, the government would have to prove, by legal and competent evidence, beyond a reasonable doubt, the elements of the crime.
The elements of Article 85 are:
(1) That the accused absented himself from his unit, organization or place of duty;
(2) That such absence was without authority;
(3) That the accused, at the time the absence began or at some time during the absence, intended to remain away from his unit, organization or place of duty permanently; and
(4) That the accused remained absent until the date alleged.
The maximum possible punishment is a dishonorable discharge, forfeiture of all pay and allowances, and confinement up to five years. If the accused deserted during a time of war, the maximum possible punishment is death. Under the UCMJ, the accused could receive no punishment, except for the conviction.
All military members are presumed innocent unless and until proven guilty beyond a reasonable doubt.
(Excerpt) Read more at dailysignal.com ...
Except for one important detail......The CiC will never allow it.
I wonder what General Patton would have done with a coward like Bergdahl.
Arabic is as different from Pashto/Dari as chalk is from cheese:
WHAT does the dad know about the lay of the land that would make his seemingly strange Rose Garden language choice of ARABIC LOGICAL…?
WHY might the dad make the strange assumption that his son would have spent A VERY LOT of time around Arab-speakers in Afghanistan…?
HOW LONG has the dad been Muslim..? Was he a muzzie BEFORE his son joined the army…?
Presidents spend a LOT of time considering the political implications of certain types of optics —WHY would the US Prez be OK with the whole world seeing him palling around with an arab-speaking honkie who looks like a shorter Osama Bin Laden…?
IN SUM:
Did the boy join the US army *with the intent* to become Gitmo swap fodder..?
I think it’s unlikely but not impossible.
Probably would have used his guts to grease the tread of their tanks.
Let’s not forget: Obama gave aid to the enemy.
Getting ahead of the crazy curve:
Do we still have the **Blind Sheik** and how many insane Obama Regime people want to return him home…?
When was the last time they made lots of noise about repatriating him…?
OTOH, he may be set up in the Lincoln Bedroom. Odds are with the bedroom.
That, or a Nobel Prize...
It could get worse when collaborating with the enemy is explored. Traitor, for example trumps desertion.
Obama would beg to try him in civil court, and to pardon him, natch. After all, deserter and deserter Daddy speak Taliban! That will be a plus!
Right you are. Dempsey is only saying this to throw a bone to the many people outraged over the trade. There will be no real investigation of desertion, and certainly no trial.
If we find out obama funnled some money for this dud deserter, maybe we can get some broader impeachment interest.
BINGO. My thoughts exactly. If he was ever held accountable, it would make the Obungler look bad, so I have a feeling it will never happen, unfortunately.
Won’t happen because the CIC sympathizes with his actions, likely admires him, I see no other reason for the trade. Desertion which from what information I’ve seen is a crime of intent, with no time requirement. It’s clear to me his intent was to desert, not a joyride. If they do anything they’ll go with AWOL, which is time dependent. Since he’s likely only AWOL till his capture it’s a slap on the wrist. Worst case a general discharge.
Agreed.
They are now saying he’s too fragile to even be questioned about the circumstances of his capture. I could throw up.
Article 99, UCMJ. Misbehavior before the enemy. “...shall be punished by death or such other punishment as a court-martial may direct.”
Nobody would have to “rescue” him.
And for execution. Bergdahl did far worse than a 4F misfit like Eddie Slovik.
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