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Military Judge Gives Bowe Bergdahl A Lot Of Bad News
BLUF:[RedState] The four-star who has convening authority for courts-martial disapproved the recommendation for a Special Court and ordered that Bergdahl stand trial on [one count of desertion and one count of misbehavior before the enemy] and face a General Court Martial which can impose any sentence up to and including death. Another hearing was held in June before a military judge to decide if the charges were supported by the record or if they should be modified. Bergdahl’s team was really aiming to have the “misbehavior before the enemy” charge reduced or dropped altogether. If Bergdahl is tried on the misbehavior charge, whether or not he’s convicted of it, the evidence given to support that charge will ensure a court martial panel returns a really stiff sentence for desertion. Last week, the military judge overseeing the trial rendered two adverse decisions. First, he decided that Bergdahl will stand trial on all charges. Most damaging, though, was his decision that if Bergdahl is convicted that the jury would be allowed to hear about the injuries suffered by an Navy SEAL and an Army NCO while specifically searching for Bergdahl. I suspect we are heading for a guilty plea and Bergdahl taking his chances with a military judge. Any court-martial panel Bergdahl draws will be composed of officers with combat tours. Bergdahl can demand that a third of his jury be composed of noncommissioned officers senior in rank to him–but he’d have to have a profoundly incompetent defense team for them to think that senior NCOs are going to be very sympathetic to his case. Posted by: Pappy 2017-07-16 |
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