Bowe Bergdahl to be charged with desertion

[Clocker]

Get the popcorn ready. Lots of speculation on the web already about severity of punishment if found guilty and about blow back on Obama regarding the prisoner swap.

http://www.nbcnews.com/news/us-news/bowe-bergdahl-be-charged-desertion-officials-say-n294466

[Tom]

We now have a case of treason against Obama.

If accepted, Bergdahl would be denied as much as $300 thousand in back pay and bonuses, and reduced in rank to at least Private First Class, the rank he held when he disappeared from his outpost in Afghanistan.

How did he ever get promoted from that rank??????

[TJDave]

How did he ever get promoted from that rank??????

As a POW.

Bergdahl deserves a DD. He also deserved to be freed from captivity.

[JustRalph]

As a POW.

Bergdahl deserves a DD. He also deserved to be freed from captivity.

I think obviously they don't think he was a POW. He voluntarily went knowingly into their arms

[DJofSD]

He won't get punished. He'll be appointed ambassador to Cuba.

[davew]

can 0bama give a pardon to someone convicted of a military crime?

[DJofSD]

Hey, he has a phone and a pen, he can do what he wants.

[Tom]

He can stick that pen up his......phone.

[dartman51]

The investigation was complete over 6 months ago. :eek: Funny how no charges were made until the Repubs took over both houses, and were starting to make noise about it. :rolleyes:

[DJofSD]

The investigation was complete over 6 months ago. :eek: Funny how no charges were made until the Repubs took over both houses, and were starting to make noise about it. :rolleyes:
Good point.

What about Ft. Hood?

[JustRalph]

I guess this vindicates his ex mates who were ravaged after appearing on Fox news

[zico20]

can 0bama give a pardon to someone convicted of a military crime?

Yes, the president has virtually unlimited powers when it comes to pardons. The constitution is silent on this, however, there are general rules that every president has followed since Washington. Generally, a pardon is granted AFTER 5 years since the conviction or release from prison. In this case, Bowe must first request a pardon from the Secretary of the Army. But since the president can do anything, technically, he could approve a pardon without Bowe's consent. This would be unusual, but hey, it is Obama.

[Clocker]

Good point.

What about Ft. Hood?

It was originally classified as work place violence by the administration and/or the Pentagon. Authority to award Purple Hearts was included in the 2015 Defense Authorization Act, passed by both houses of Congress and signed by the president in December. As of a couple of week ago, the DoD has not acted on that authorization.

In a letter to Defense Secretary Chuck Hagel on Thursday, Sen. John McCain, R-Ariz., said he was "disappointed" that the Army has not yet awarded the medals to victims of the attack, which killed 13 people and 32 wounded others.

As part of the fiscal 2015 Defense Authorization Act, Congress approved awarding Purple Hearts to troops "killed or wounded in domestic attacks inspired by foreign terrorist organizations." The language was aimed specifically at the Fort Hood victims, whose attack was classified as "workplace violence" and not battlefield injuries.

http://www.militarytimes.com/story/military/capitol-hill/2015/01/09/mccain-fort-hood-purple-heart/21492407/

[davew]

Is this a possible 'executable' offense? or just jail time?

[Clocker]

The Pentagon now says that no decision has been made about charges against Bergdahl.

I should have known better than to post a news story from NBC. :rolleyes:

[dartman51]

The Pentagon now says that no decision has been made about charges against Bergdahl.

I should have known better than to post a news story from NBC. :rolleyes:

The information came from retired Military personnel, who still have contacts at the Pentagon. The Pentagon probably caught hell over the leak, from the administration. Now they're trying to backtrack. Today, they announced that they have "NO TIMELINE" for bringing charges. :faint: In other words, "we're going to drag this shit out as long as we feel necessary. At least, until Obama is out of office. Besides, if we drag it out long enough, you all will forget about it." :rolleyes:

[Clocker]

In 2009 Sgt. Bowe Bergdahl left his unit without permission and was captured by the Taliban. Bergdahl was held for five years until President Obama traded five high ranking Taliban commanders. Once Bergdahl was back on American soil, the Army conducted an investigation.

That was in October 2014. Three months later, the White House is stonewalling the Army’s charges on Bergdahl of desertion. Ben Rhodes, deputy national security adviser, has been a liaison between the Pentagon and the White House and has led the effort to keep this news from getting out.

Senior ranking military officials said two weeks ago that they would release the ruling soon. Lt. Col. Tony Shaffer referred to the White House’s efforts as a “titanic struggle behind the scenes.”

“As a corporate entity, the Army has decided that they want to pursue Bergdahl for this violation,” Shaffer said.

- See more at: http://freebeacon.com/issues/report-bergdahl-to-be-charged-with-desertion-wh-battling-behind-scenes-to-stop-charges/#sthash.aRkV3zZG.dpuf

Some may remember that Ben Rhodes, cited above, was the key figure in the administration emails concerning the development of the Benghazi talking points used by Susan Rice.

[davew]

It looks like it takes a few years before charges actually are made (like 10 years), so will probably not happen until next administration, so they can be the BAD guys.

http://www.msn.com/en-us/news/crime/marine-who-vanished-in-iraq-in-04-found-guilty-of-desertion/ar-BBhT9OI?ocid=iehp

[plainolebill]

Probably not going anywhere, just a lot of posturing and politicking. Desertion is hard to prove because it implies the intent to never return. There have been cases of guys gone for years being picked up and the military just gave them General Discharges rather than going to the expense of trying them and possibly losing.

[TJDave]

Charge sheet delivered yesterday. Desertion and misbehavior before the enemy.

[woodtoo]

What did they give up for this POS 5 terrorist and 5 million? :bang:

[davew]

What did they give up for this POS 5 terrorist and 5 million? :bang:

0bama negotiated for future bargaining power - we have yet to see all results....

[woodtoo]

Oh great,I guess it ain't over till its over.. :faint:

[Stillriledup]

Be all you can be.

[tucker6]

Just be thankful Obama only gave up 5 terrorists. As I always say with him, it could have been worse...

I can see the negotiations now ...

Al Qaeda: We want three Muslim brothers in exchange for Bergdahl

Obama: We'll give you five freedom fighters and $5M in reparations in exchange. That's our final offer.

Al Qaeda: You drive a hard bargain, but if that is your final offer, what more can we do. We accept.

[TJDave]

Taliban, not Al Qaeda.

[woodtoo]

The 0's success story Yemen, seems to have fallen short.No more embassy

no more airbase,well even President Hadi has left the building..and country.

maybe he could be traded for players to be named later.

[tucker6]

Taliban, not Al Qaeda.
Really? That's the only response you have for traitor Barack sending terrorists to our enemy in return for a scumbag deserter?? Who gives a crap what label they have. They are all cut from the same cloth.

[JustRalph]

The left went apeshit going after his platoon mates. They took it bad when they went on Fox and apparently TOLD THE TRUTH!!

Execution tomorrow at sunup ........wouldn't bother me a bit.

His parents should be jailed too.

Relive it here

http://www.washingtonpost.com/blogs/post-partisan/wp/2014/06/04/after-bergdahls-release-a-sickening-spectacle-in-the-rose-garden/

[DJofSD]

Send him to Utah so the revised capital punishment procedures can be tested.

In the meantime, nothing is happening at Ft. Hood.

[Tom]

0bama negotiated for future bargaining power - we have yet to see all results....

No, we have seen it.

One already back out there fighting against us and two more trying to re-connect.

The only question now is how many innocent people will die to pay for Obama's ignorance?

[Tom]

Originally Posted by TJDave
Taliban, not Al Qaeda.

Tomato, tomoto.

[DJofSD]

"Potato, pototo" - Dan Quayle

[TJDave]

Really? That's the only response you have for traitor Barack sending terrorists to our enemy in return for a scumbag deserter?? Who gives a crap what label they have. They are all cut from the same cloth.

Apparently, our government doesn't feel the same as you do as we have been overtly or covertly helping the Taliban for decades. I also believe trading for Bergdahl was, in principle, the right thing to do...Even if it turns out that he is guilty as charged.

[tucker6]

Apparently, our government doesn't feel the same as you do as we have been overtly or covertly helping the Taliban for decades. I also believe trading for Bergdahl was, in principle, the right thing to do...Even if it turns out that he is guilty as charged.
what principle would that be? The principle of saving a deserter or the principle of risking human lives in future terror attacks? Pick one or the other because that is what this exchange was about when you get down to the bottom of the compost pile.

[TJDave]

what principle would that be? The principle of saving a deserter or the principle of risking human lives in future terror attacks? Pick one or the other because that is what this exchange was about when you get down to the bottom of the compost pile.

Presumption of innocence.

[tucker6]

Presumption of innocence.
Really?? That's it?? Whatever you do in life, don't sign on as a debater. You can't even defend your own thoughts and ideas. :faint:

[TJDave]

Really?? That's it??

Yes, really.

Everyone deserves their day in court. Even a deserter.

[tucker6]

Yes, really.

Everyone deserves their day in court. Even a deserter.
What in the hell does that have to do with your post #34 and my response?? You post about govt principles as a motivating factor and I responded. That has nothing to do with someone's day in court. It's obvious that this is a weak attempt at deflection on your part, but really, wouldn't it be better to stop posting instead of digging deeper?

[johnhannibalsmith]

Still say he was just the cover in the exchange since we had to look like we got something back.

[TJDave]

What in the hell does that have to do with your post #34 and my response?? You post about govt principles as a motivating factor and I responded.

What if Bergdahl were a decorated combat hero instead of a suspected deserter. Would you still fault the president for negotiating his release?

Israel has traded dozens of known terrorists for a single soldier.

[DJofSD]

Presumption of innocence.
Really?

Is that a part of the military code of justice?

[Clocker]

The principle Obama violated is that we don't negotiate with terrorists. Who Bergdahl is, and what he did or didn't do, is not relevant. The principle is based on the simple concept that ransoming hostages encourages hostage taking.

[riskman]

The principle Obama violated is that we don't negotiate with terrorists. Who Bergdahl is, and what he did or didn't do, is not relevant. The principle is based on the simple concept that ransoming hostages encourages hostage taking.

Bergdahl was a member of the military that left his post without permission.
Since when does the U.S. negotiate and pay ransom for deserters or AWOL soldiers.
At some time, this issue will be resolved and I am certain the result will be controversial. Just remember, Obama is a transformational president and may have reasoned that Bergdahl is a private citizen that was kidnapped or abducted and decided that he was changing the rules of the hostage policy.

[TJDave]

Really?

Is that a part of the military code of justice?

Why else have a court martial?

[JustRalph]

Really?

Is that a part of the military code of justice?

It is, but there are tons of court martial cases that have shown an actual presumption of guilt was in place due to evidentiary rules that are seriously stacked against military folks. Do a google search for "presumption of innocence UCMJ" and prepare for a couple hours of reading.

These cases are all over the board. When in the military, you have basically given up your 4th amendment rights if you live on base. 5th amendment rights are unclear at best even after assignment of counsel. Because you cannot refuse a lawful order, you can be ordered to reveal evidence that may incriminate you.

I worked investigations in the Air For a for a while. It's much easier to convict than in the civilian world

[davew]

happened to be present at a pot growing operation during a raid - will now get drug test I guess....

http://www.politico.com/story/2015/07/bowe-bergdahl-california-pot-raid-120574.html

[Tom]

W gave up high profile, dangerous enemies for a deserting doper.
Is there no price WE have to pay for this traitor's legacy?

[TJDave]

Why isn't he in the brig?

[fast4522]

Why isn't he in the brig?

Because, by the end of the Obama administration he will receive a Presidential pardon.

[TJDave]

Because, by the end of the Obama administration he will receive a Presidential pardon.

It was a legitimate question. He's charged with an 85, right?

[Tom]

Why isn't he in the brig?

Why isn't he still held by the Taliban, where he chose to go, where he belongs. Not walking the streets here, streets paid for by people who he betrayed.

[tucker6]

Why isn't he still held by the Taliban, where he chose to go, where he belongs. Not walking the streets here, streets paid for by people who he betrayed.
How dare you insult the sensibilities of liberals everywhere?

[johnhannibalsmith]

Still say he was the cover for the real trade.

[zico20]

Bombshell just dropped on the O'Reilly show by David Hunt, the former Colonel. He claims Bergdahl joined the Taliban and the WH knew it two days after he deserted. He says they got a tape recording of the Taliban using his phone and wanting to join the Taliban.

http://www.wnd.com/2015/09/u-s-general-tapes-show-bergdahl-joined-taliban/?cat_orig=world

If true, then trading 5 terrorists for his release just got even worse.

[Tom]

IT is treason.
Case closed.
Prepare the firing squad.

[davew]

He will probably be let off with only a less than honorable discharge.

The defense attorney is arguing that he was traveling 19 miles to report to a general problems with 'chain of command' at his unit. By 0bama standards, that makes him a hero.

[tucker6]

By 0bama standards, that makes him a hero.

I smell a parade coming

[davew]

Going to trial for Desertion and Misbehavior before the Enemy.

[tucker6]

Going to trial for Desertion and Misbehavior before the Enemy.
Sure glad we got this slug back at the expense of giving up five terrorists. I mean, how much harm can five really, REALLY bad guys do...

Another Obama/Kerry negotiating win. :rolleyes:

[ebcorde]

and when was he a POW.

This is a mess. How much of this is poor military strategy. Leaving a bunch of young dumb guys on a hill with young officers in the middle of nowhere for months at a time, In a war with no end. A lot of anger. Reminds me of a Vin Diesel sci-fi movie.

In 14 years of War no one above Major has been killed or wounded yet. They keep those guys safe and sound.

[PaceAdvantage]

and when was he a POW.

This is a mess. How much of this is poor military strategy. Leaving a bunch of young dumb guys on a hill with young officers in the middle of nowhere for months at a time, In a war with no end. A lot of anger. Reminds me of a Vin Diesel sci-fi movie.

In 14 years of War no one above Major has been killed or wounded yet. They keep those guys safe and sound.Who were you previously on this board?

[ebcorde]

Bombshell just dropped on the O'Reilly show by David Hunt, the former Colonel. He claims Bergdahl joined the Taliban and the WH knew it two days after he deserted. He says they got a tape recording of the Taliban using his phone and wanting to join the Taliban.

http://www.wnd.com/2015/09/u-s-general-tapes-show-bergdahl-joined-taliban/?cat_orig=world

If true, then trading 5 terrorists for his release just got even worse.


bullsheet. from the same guys who said they heard Bin Laden talking on the radio in the mountains in 2001 then poof.

Bergdahl does not speak Pashtun. The Taliban would be wondering why an American had the BALLS to come out alone and was speculating.

if he wanted to join them they would have used him for propaganda and he would have been happy about it like Jihadi John.

[davew]

bullsheet. from the same guys who said they heard Bin Laden talking on the radio in the mountains in 2001 then poof.

Bergdahl does not speak Pashtun. The Taliban would be wondering why an American had the BALLS to come out alone and was speculating.

if he wanted to join them they would have used him for propaganda and he would have been happy about it like Jihadi John.

They did use him for propaganda -> see how weak the USA is, we negotiated 5 good terrorists for 1 bad terrorist.

[davew]

speculation is 0bama will give this guy a pardon because he is crazy and it is not his fault that the army made a mistake and allowed him to go to the middle east.

[HalvOnHorseracing]

speculation is 0bama will give this guy a pardon because he is crazy and it is not his fault that the army made a mistake and allowed him to go to the middle east.
Not credible speculation. Never going to happen.

[davew]

Not credible speculation. Never going to happen.

I hope he doesn't, but 0bama has done many things I disagree with.

https://pjmedia.com/trending/2016/12/02/bowe-bergdahl-deserter-asks-for-obama-pardon/

[woodtoo]

I hope he doesn't, but 0bama has done many things I disagree with.

https://pjmedia.com/trending/2016/12/02/bowe-bergdahl-deserter-asks-for-obama-pardon/
And done much worse thing you don't know about. Like the mass Muslim invasion of the southern border for the last 4 months, setting up cells for future attacks. It is nothing less than an army invasion.

[Tom]

For the rest of his term Obama will do nothing for anyone but himself.
Not that the country was EVER his primary concern - it most obviously was not, but expect any crap from now on. He will sink to any level to try to preserve his legacy, although I think that is now set in stone - after a massive rejection of his policies.

[Actor]

We now have a case of treason against Obama.No, you do not.

"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." -- U.S. Constitution.

The operative word is "Enemies."

Only Congress can declare war. The last time the Congress did that was December 1941. Our enemies in that war were Germany, Japan and Italy, all of whom were defeated. Ergo, the United States is not at war. Ergo, the United States has no enemies. Ergo, it is impossible to commit treason against the United States at this time.

[NJ Stinks]

For the rest of his term Obama will do nothing for anyone but himself.
Not that the country was EVER his primary concern - it most obviously was not, but expect any crap from now on. He will sink to any level to try to preserve his legacy, although I think that is now set in stone - after a massive rejection of his policies.

I read your BS and wonder if you are really silly enough to believe this garbage.

That "massive rejection" currently has Hillary with 2.5M more votes than Donny. That's 2,500,000 votes more for Clinton than Trump.

It's massive, alright.

[EasyGoer89]

No, you do not.

"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." -- U.S. Constitution.

The operative word is "Enemies."

Only Congress can declare war. The last time the Congress did that was December 1941. Our enemies in that war were Germany, Japan and Italy, all of whom were defeated. Ergo, the United States is not at war. Ergo, the United States has no enemies. Ergo, it is impossible to commit treason against the United States at this time.

If only congress can declare war why was one of the dem talking points that you don't want Trump 'near the button'?

As far as Obama being treasonous, you weren't born last night, you know what he's done.

[Actor]

If only congress can declare war why was one of the dem talking points that you don't want Trump 'near the button'?Because while only Congress can declare war the President, as Commander in Chief, can make war.
As far as Obama being treasonous, you weren't born last night, you know what he's done.No, I do not. Why don't you tell me? Exactly what was the "overt act" referred to in the Constitution? I've asked that before and no one has come up with an answer.

[JustRalph]

He gave 1.6 billion cash to Iran. In a hidden late night airline flight. In blatant disregard for Federal Law. No approval from Congress.

I count Iran as an enemy. Case closed

[Tom]

1.6 billion he stole from the citizens of this country.

[upthecreek]

http://www.foxnews.com/politics/2016/12/03/bergdahl-team-also-focus-on-trump-says-violated-soldiers-constitutional-rights.html

[Tom]

What a worthless piece of garbage this jerk is.
Give him a firing squad.

[davew]

no luck in pardon request

https://www.washingtonpost.com/news/checkpoint/wp/2017/01/20/obama-denied-a-presidential-pardon-in-bowe-bergdahls-desertion-case-lawyer-says/?utm_term=.a611d9d85e9b

[davew]

now the lawyers think the case should be dismissed because Trump called him a 'traitor'

http://www.reuters.com/article/us-usa-defense-bergdahl-idUSKBN1650XI

[Tom]

Trump was correct.

[johnhannibalsmith]

I thought that 60-90% of the country didn't agree with a thing Trump says? How can a guy like that taint a jury pool?

[davew]

I thought that 60-90% of the country didn't agree with a thing Trump says? How can a guy like that taint a jury pool?

you watching the wrong (fake) news on televisionn

[davew]

pleaded guilty in military court today because he felt a kangaroo court would surely convict him because Trump campaigned on shooting him for desertion -

why didn't 0bama give him a parden in the rose garden before he left?

[boxcar]

pleaded guilty in military court today because he felt a kangaroo court would surely convict him because Trump campaigned on shooting him for desertion -

why didn't 0bama give him a parden in the rose garden before he left?

Excellent question since BO did nothing but sing this guy's praises.

[JustRalph]

pleaded guilty in military court today because he felt a kangaroo court would surely convict him because Trump campaigned on shooting him for desertion -

why didn't 0bama give him a parden in the rose garden before he left?

Legacy

[boxcar]

Legacy

But by BO not pardoning this guy, he gave Trump the opportunity to stick his thumb in his eye, which is exactly what Trump is doing. If BO had pardoned this deserter, no one could have done squat.

[JustRalph]

But by BO not pardoning this guy, he gave Trump the opportunity to stick his thumb in his eye, which is exactly what Trump is doing. If BO had pardoned this deserter, no one could have done squat.

I think this guy has other crimes we don’t know about, that could come out in a court martial. Obama probably knows that.....

[Tom]

Soldiers died because of this scum bag.
Firing Squad.
Send a clear message.

[jms62]

Soldiers died because of this scum bag.
Firing Squad.
Send a clear message.

Par for the course. “ Kill him first and ask questions later” I guess it wouldnt matter if this soldier had a mental breakdown due to PTSD causing this. Maybe we should let it play out in court and get all the facts before execution.

[JustRalph]

Par for the course. “ Kill him first and ask questions later” I guess it wouldnt matter if this soldier had a mental breakdown due to PTSD causing this. Maybe we should let it play out in court and get all the facts before execution.

Let it play out in court? He plead guilty, that’s the point. Much less comes out

[Tom]

We have the facts.
He deserted.
Others died.