Military appeals court takes Bergdahl desertion case

The Fayetteville Observer ^ | Nov 7, 2019 | Paul Woolverton

[george76]

Army soldier Bowe Bergdahl contends President Donald Trump and U.S. Sen. John McCain made comments that interfered with his right to a fair trial at Fort Bragg.

A military court has agreed to hear the appeal of Bowe Bergdahl, the Army soldier who left his post during a deployment in Afghanistan in 2009 to walk to another American base but got captured by the Taliban and held prisoner for five years.

At a court-martial at Fort Bragg in 2017, Bergdahl pleaded guilty to desertion to shirk hazardous duty and to misbehavior before the enemy. He was sentenced to a $10,000 forfeiture of pay, demotion from sergeant to private, and a dishonorable discharge.

The U.S. Court of Appeals for the Armed Forces on Monday said it would examine whether there was a situation of apparent unlawful command influence in Bergdahl’s case. His lawyer asserts in a legal brief that public comments by President Donald Trump and former U.S. Sen. John McCain interfered with Bergdahl’s right to a fair trial.

Bergdahl’s case has widespread notoriety because other soldiers were injured in the effort to search for him. According to media accounts, one of the soldiers injured during the search was paralyzed by a gunshot wound to his head in 2009. That soldier died last month.

In the military justice system, people in the chain of command are not allowed to say or do anything that could affect the fairness of a defendant’s court case.

Bergdahl defense lawyer Eugene Fidell said McCain, who has since died, threatened to conduct a hearing at the Senate Armed Services Committee if Bergdahl went unpunished. McCain was the committee chairman.

And Fidell cites multiple instances of Trump — the commander-in-chief of the U.S. military — making disparaging comments about Bergdahl.

In July, a lower court — the U.S. Army Court of Criminal Appeals — upheld Bergdahl’s sentence and conviction in a 2-1 vote. The dissenting judge said he concluded that the prosecution failed to prove beyond a significant doubt whether unlawful command influence tainted the case.

If Bergdahl loses at this level, the Court of Appeals for the Armed Forces, he can ask the U.S. Supreme Court to review the case. But there is no guarantee that the Supreme Court would accept it.

Staff writer Paul Woolverton can be reached at pwoolverton@fayobserver.com or 910-486-3512.

[Vermont Lt]

Probably won’t get a chance to shoot him a second time around, huh?

[clintonh8r]

He should have received some street justice by now....

[Don Corleone]

Stfu sonny. Be grateful this is the USA. Other countries would have put you against the wall long ago.

[shanover]

WTF is this POS scumbag still alive!!!!!

[patriotfury]

I am with you!

This entire thing is just stupid.

*Bottom Line Up Front* (BLUF)

At the end of the day, we really are into a stupid conversation, having to argue if it’s okay, or not, for a U.S. soldier to join our enemy without consequences to himself, regardless of the consequences to our side...?

Man this is left wing stupid!

[PIF]

Perhaps some feral sniper’s rifle jammed at the wrong moment?

[Hulka]

Where the h@ll did that “walk to another American base” and then was captured come from?
He deserted and actively was looking for Taliban.
Radio intercepts showed He surrendered to the Taliban, defected to the Taliban.
He deserted to the ENEMY. Traitor.

[Darksheare]

He defected to the enemy.
Why is he still around whining about everything?

[BTerclinger]

Hang him.

[Thunder 6]

That this traitor is above ground and still breathing is a disgrace to the army.

[DoughtyOne]

Thanks for that response.

I loved your closing line.

“Man this is Left-wing stupid...”

We need to make that go viral.

I’ll be using it a lot in upcoming days.

We need to embarrass the Left, just make them own being a moron.

[patriotfury]

You are right, they need some ownership!

They need ownership of all consequences which derive from stupid!

They use completely dishonest left wing psyops on us with every breath they take.

Fire away!

[DoughtyOne]

yes we’re on the same page

[SkyPilot]

Anger, disbelief over Bergdahl sentence (Stars and Stripes).

Army judge Col. Jeffery Nance arrives at the Fort Bragg courtroom facility for Army Sgt. Bowe Bergdahl's sentencing hearing on Oct. 31, 2017, on Fort Bragg, N.C. At sentencing on Friday, Nov. 3, 2017, Nance gave Bergdahl a dishonorable discharge but no jail time.

This military judge, Col Nance, needed to be investigated. But he won't be. It's been two years since he issued that horrible ruling.

His decision to allow Bergdahl to avoid prison is one of the worst in the history of military justice.

He was either blackmailed, bribed, or is an evil leftist.

[SkyPilot]

I should have added this:

What was the rational for Col Nance to allow Bergdahl to avoid prison?

President Trump made mean comments about him.

I am not joking.

https://www.courthousenews.com/bergdahl-sentencing-delayed-judge-weighs-trump-effect/

[Candor7]

In time of war deserters can be shot.

Bergdahl is lucky he is still breathing.

[silverleaf]

Free and walking

But Roger Stone is facing 50 years in jail

Justice