Bowe Bergdahl has been charged with desertion along with one other charge.

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Profile Bob DeWoody
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Message 1656945 - Posted: 25 Mar 2015, 23:35:40 UTC

This has quietly slipped into the news. I found it by accident while checking an online weather report.
http://abcnews.go.com/international/bowe-bergdahl-charged-desertion-lawyer/story?id=29901602
Bob DeWoody

My motto: Never do today what you can put off until tomorrow as it may not be required. This no longer applies in light of current events.
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Message 1656966 - Posted: 26 Mar 2015, 0:17:11 UTC

Bowe Bergdahl has both Swedish and Norwegian ancestry!
https://www.youtube.com/watch?v=7pRRFJyqpQ8
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Message 1656980 - Posted: 26 Mar 2015, 0:49:55 UTC

Bowe is an idiot but I remain unconvinced he deserted.
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Message 1656986 - Posted: 26 Mar 2015, 1:07:49 UTC - in response to Message 1656980.  

Bowe is an idiot but I remain unconvinced he deserted.

Idiot?
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Message 1657565 - Posted: 27 Mar 2015, 4:45:47 UTC - in response to Message 1656945.  

This has quietly slipped into the news. I found it by accident while checking an online weather report.
http://abcnews.go.com/international/bowe-bergdahl-charged-desertion-lawyer/story?id=29901602


You have an interesting definition of "quietly".
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Message 1657695 - Posted: 27 Mar 2015, 13:26:34 UTC
Last modified: 27 Mar 2015, 13:31:41 UTC

Now I understand.
Ove Bergdahl is a very common Swedish name:)
Bergdahl was born in 1986, in Sun Valley, Idaho, to Robert Bergdahl, a commercial truck driver, and his wife Jani (Larson) Bergdahl. He is of Norwegian and Swedish ancestry.He has an older sister, Sky Albrecht Bergdahl. Both Bergdahl and his sister were home schooled by their mother in Hailey, Idaho. The family attended Sovereign Redeemer Presbyterian Church, an Orthodox Presbyterian Church. He received a GED certificate through the College of Southern Idaho when he was in his early 20s. As an adult, Bergdahl studied and practiced fencing and martial arts before changing to ballet classes at the Sun Valley Ballet School in Ketchum, Idaho. He has never owned a car, and rode his bicycle everywhere. He spent time in a Buddhist monastery between 2007 and 2008.

Way to go Ove:):):):):):):):):):):):):):
F**K the US!
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Message 1657912 - Posted: 27 Mar 2015, 20:45:51 UTC - in response to Message 1657901.  
Last modified: 27 Mar 2015, 20:49:07 UTC

Way to go Ove:):):):):):):):):):):):):):
F**K the US!

Janne, we all know that English isn't your first language, but it would be appreciated if you would tone down your language a bit. it was only 48 hours ago that you had a foul mouthed post hidden.

Dont use Goggle Translate!!!!!!!!!!!!!!!!!!!
I have explained this to Julia the moderator already!
Ask her ! Not today but perhaps in monday.

Sorry Julie and I'm sorry this happened.
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Message 1659059 - Posted: 30 Mar 2015, 0:32:03 UTC

He will face a Courts martial. He will be defended by a lawyer. He will state his case and then be judged.
Most likely he will be demoted to private and sent to prison for who knows how long.
Unfortuantly he will be made an example of, Think Private Slovak in WW2.
How ever Im sure he will get a presidential pardon.
And it doesnt matter what my peronnel opinion is.
[/quote]

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Message 1659066 - Posted: 30 Mar 2015, 0:55:20 UTC - in response to Message 1659059.  
Last modified: 30 Mar 2015, 0:58:51 UTC

That is a sad litany and probably mostly true.
I don't believe he deserted there is no evidence that he never intended to return, that was the definition of desertion when I was subject to the UCMJ back in the early 60s, I think he went AWOL.
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Message 1659072 - Posted: 30 Mar 2015, 1:12:42 UTC

Well,
Everyone seems to be focusing on the desertion charge. But it is not the most severe of the two.

From the article Bob DeWoody linked:

The Army said today Bergdahl has been charged with two counts under the Uniform Code of Military Justice: one count of “desertion with intent to shirk important or hazardous duty” and one count of “misbehavior before the enemy by endangering the safety of a command, unit or place.”

The second count is the more severe of the two, carrying a potential sentence of “confinement for life” should Bergdahl be convicted. Both charges also potentially carry a dishonorable discharge, a reduction in rank to private, and a total forfeiture of all pay and allowances.


Now, they might or might not be able to make the desertion charge stick; it is questionable -- depends on the Court in the "Court-Martial"...

But the second charge... Bergdahl's backside is grass.

He may get a presidential pardon, he might not... But, in the absense of one, there are good odds that he will spend many years down in the hole at Fort Leavenworth, Kansas.
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Message 1659074 - Posted: 30 Mar 2015, 1:14:06 UTC - in response to Message 1659066.  

That is a sad litany and probably mostly true.
I don't believe he deserted there is no evidence that he never intended to return, that was the definition of desertion when I was subject to the UCMJ back in the early 60s, I think he went AWOL.

When I was in the service 72-80 the line between desertion and awol was in being awol you had left your clothes in your locker at the barracks. You had every intention of coming back. I have no clue what being on the front lines were.
[/quote]

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Message 1659095 - Posted: 30 Mar 2015, 2:26:12 UTC - in response to Message 1659072.  

But the second charge... Bergdahl's backside is grass.

Major that is jail house lawyering and they will do what want to do to that idiot.
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Message 1659097 - Posted: 30 Mar 2015, 2:29:41 UTC - in response to Message 1659095.  

But the second charge... Bergdahl's backside is grass.

Major that is jail house lawyering and they will do what want to do to that idiot.

I would let the men he served with judge him.
[/quote]

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Message 1659105 - Posted: 30 Mar 2015, 3:08:01 UTC - in response to Message 1659097.  

I would let the men he served with judge him.

Jim they have and quite a few feel that he is guilty of some atrocity, hardly a fair and impartial jury or don't you think a jury should be impartial?
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Message 1659109 - Posted: 30 Mar 2015, 3:23:28 UTC - in response to Message 1659105.  

I would let the men he served with judge him.

Jim they have and quite a few feel that he is guilty of some atrocity, hardly a fair and impartial jury or don't you think a jury should be impartial?

I didnt mean to say let them be the jury. But its what they think of the man and his actions. No matter what is handed down as punishment. HE has to live with what he did. For all we know he is mentally unfit.
[/quote]

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Message 1659113 - Posted: 30 Mar 2015, 3:44:05 UTC - in response to Message 1659109.  
Last modified: 30 Mar 2015, 4:28:28 UTC

 For all we know he is mentally unfit.

Well, IMO he is an idiot.
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Message 1659178 - Posted: 30 Mar 2015, 6:30:07 UTC - in response to Message 1659113.  

For all we know he is mentally unfit.

Well, IMO he is an idiot.


shell shock , scared , yella belly , coward , idiot , nutcase

Traitor ? a step to far ?

how did he get in the army in the first place ? no screening ?
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Message 1659280 - Posted: 30 Mar 2015, 14:53:59 UTC - in response to Message 1659178.  

For all we know he is mentally unfit.
Well, IMO he is an idiot.

shell shock , scared , yella belly , coward , idiot , nutcase
Traitor ? a step to far ?
how did he get in the army in the first place ? no screening ?

I have done my service in my country as a conscript.
Every "Soldier" have to undertake a screening.
But things can change during an active service.
Especially when fighting abroad.

Shell Shock Victim (WW1)
https://www.youtube.com/watch?v=S7Jll9_EiyA
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Message 1659402 - Posted: 30 Mar 2015, 19:01:49 UTC - in response to Message 1659105.  

I would let the men he served with judge him.

Jim they have and quite a few feel that he is guilty of some atrocity, hardly a fair and impartial jury or don't you think a jury should be impartial?



Jury? What is this jury of which you speak? </wink>

It isn't a civilian trial. It is a military court-martial.

Per
http://en.wikipedia.org/wiki/Courts-martial_in_the_United_States#Composition_of_courts

Under Article 25 of the UCMJ, members of the court are selected from members of the armed forces by the convening authority.

Although the Founding Fathers of the United States guaranteed American citizens the right of a jury trial both in the text of the Constitution and in the Bill of Rights, they determined that Congress would establish the rules for disciplining the armed forces. From the beginning, Congress has retained the long-standing practice whereby, contrary to the principle of random jury selection, the convening authority personally selects the members of a court-martial panel. Whether this practice is conducive to fair process has been the subject of critical investigation.[28][29]

A court-martial has always been an ad hoc tribunal created and appointed by the order of a commanding officer, as the convening authority. The tribunal is established with the express purpose of considering a set of charges that the commander has referred to the court. The convening Authority considers the statutory prescription offered by the United States Congress, those "best qualified," in selecting the "panel" or jury for the court-martial. In turn, the members of the court-martial, who are generally under the command of the convening authority, take an oath to "faithfully and impartially try, according to the evidence, their conscience, and the laws applicable to trial by court-martial, the case of the accused." By their oath, the panel members expressly agree to leave behind any influence from the commander who appointed them. In cases where the accused is an enlisted member, the accused may request that enlisted service members be appointed to the panel.

The appointed or retained defense attorney may challenge both the military judge and members of the panel for cause. However, the military judge determines the relevance and validity of any challenge. The prosecution and defense initially possess one peremptory challenge to members of the court-martial. The accused may also challenge a member of the panel for cause "at any other time during trial when it becomes apparent that a ground for challenge exists." The UCMJ prohibits a convening authority from unlawfully influencing the court. A defense attorney may bring a motion to challenge the validity of the court-martial where it appears that a convening authority has unlawfully influenced court-martial members.


Again, what jury? Under the Constitution, the protections afforded civilians do not necessarily apply to members of the military.

Since Bergdahl's commanding officer requests and convenes the court-martial, and appoints the 3 (or is it 5?) members of the panel, even without any undue influence by the commanding officer, Bergdahl will likely have a difficult time totally avoiding punishment for the 2nd charge.

I stand by my statement, Bergdahl's backside is grass.
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Profile Bob DeWoody
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Message 1659407 - Posted: 30 Mar 2015, 19:14:49 UTC

I agree with MajorKong but I also believe he will get a Presidential pardon shortly after being convicted now that Obama is a lame duck president.
Bob DeWoody

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Message boards : Politics : Bowe Bergdahl has been charged with desertion along with one other charge.


 
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