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 ...
MSNBC Chrissie Mathews “Hasn’t he suffered enough”? ( will wait to see)
No you don't. Neither do I.
Wanna bet this bearded allaku akbar screaming savage doesn’t go on trial?
When this Bergdahl character WENT AWOL and SHOULD have been declared a DESERTER from the gitgo, he left behind emails and notes saying he was “disgusted” with the United States and talked about RENOUNCING HIS CITIZENSHIP. (During my 4 years in the USAF in the Vietnam era, I wasn’t all that thrilled about how the government was mishandling a war that was getting so many of our folks unnecessarily KIA but never once thought about doing what THIS clown did!)
Despite obozo’s desire to keep all this hush-hush, MORE will come out as his former comrades defy orders to shut up and do speak out.
Now, here are the $64,000.00 questions that may have already been asked:
After 5 years with the Taliban, just how many IEDs and other “devices” did they teach him how to construct?
And, once he’s set out and about in the US population, how many other similarly disaffected malcontents, black muslims, radical Bill Ayers/Bernadine Dohrn wannabes will he teach everything the Taliban taught him?
Think Boston Marathon bombers X 10 to the 10th power on steroids!!
And we can all thank the TRAITOR in the Spite House, his lackeys in the bureaucracy, congress,the Pentagon and the lapdog media!
Doesn’t bother you, you say? It may if one of YOUR loved ones happens to be in a shopping mall when one of those devices goes off
He could be charged with other offenses, too. They don’t have to go with just one charge. For example, he left his rifle unsecured.
Military Justice isn’t the same as the trials we see on TV. Bergdahl’s Commanders are going to be actively involved. They are going to have a big say in how this plays out.
He was not supposed to speak Arab and definitely was not supposed to praise Allah. Obama got punked.
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