Bergdahl appeal filed, judge also pushes back court-martial trial set for April

[TexasTowelie]

Source: Idaho Statesman

Lawyers for U.S. Army Sgt. Bowe Bergdahl are continuing their efforts to have the desertion case against their client dismissed because of disparaging remarks made by Donald Trump while he was campaigning for president.

Bergdahl’s lawyers on Thursday filed an appeal with the U.S. Court of Appeals for the Armed Forces, claiming that Trump’s repeated comments calling Bergdahl a traitor, wrongly insisting that six soldiers lost their lives searching for Bergdahl and saying he should be executed makes it impossible for the Hailey native to received a fair trial.

The appeal was filed after a military judge, Army Col. Jeffery Nance, ruled last month that Trump’s statements were troubling but would not prevent Bergdahl from receiving a fair trial.

Bergdahl was scheduled to go on trial April 18 on charges of desertion and misbehavior before the enemy. He walked off his post in Afghanistan in 2009. He was later captured by a group friendly with the Taliban and held hostage until a prisoner exchange was arranged in 2014.

Read more: http://www.idahostatesman.com/news/local/military/bowe-bergdahl/article141444389.html

[cstanleytech]

1. I wish his laywers luck on that because I honestly dont see the case being dismissed due to Trumps

comments about the case.

[Hassin Bin Sober]

4. It's a valid argument. The now Commander in Chief has pre judged the case.

Furthermore, he spread lies about the incident and turned it in to a political process.

Can you honestly say you trust the Trump clowns to not put their thumb on the scale on this one? This kind of shit is right up their alley - they'll hang the kid for political purposes so trump can be the tough guy. They LOVE picking on the powerless.

And before you say there needs to be proof this will happen, that's not how it works. Trump already spoiled the case.

Once the desires of the Trump people make their way down the chain, anyone who bucks the system is making a career decision.

This is about as blatant as it gets:

During the presidential campaign, Trump repeatedly called Bergdahl a “dirty rotten traitor” and told rally audiences that he should be executed. He suggested Bergdahl be thrown out of an airplane without a parachute in an area controlled by the Islamic State.

“If I win, I might just have him floating in the middle of that place and drop him, boom. Let ’em have him. Let ’em have him. I mean, that’s cheaper than a bullet,” Trump said Oct. 16, 2015, at a rally in Tyngsboro, Mass.

Read more here: http://www.idahostatesman.com/news/local/military/bowe-bergdahl/article141444389.html#storylink=cpy

[cstanleytech]

6. Trump didnt spoil the case anymore than some other windbag venting their own stupid opinion on his

guilt or innocence did.
The time to really be concerned is if he goes beyond just expressing his opinion and starts interfering with the case with the military court itself, Bergdahls lawyers would then have good grounds to have the case dismissed but unless that happens I dont think the court will agree to dismiss the case.

[Hassin Bin Sober]

7. just making that statement that the CIC is nothing more than some windbag...

... expressing his opinion shows you really don't have a grasp on how the theory of command influence works.

Not trying to be rude, but that is beyond wrong.

The President expressing such an extreme opinion is very serious.

To say that he has to actually go hands on to cause a conflict is absolutely ludicrous. But never mind that, republican leadership has already gone hands on.

The trial has already gone political in that 2 independent Army investigators, including the officer who investigated the case, recommended no prosecution but were overruled by the Commanding General.

Career officers investigators intimately familiar with the case recommended minor (lower court)or no prosecution.

The republican leadership, including Armed Services Chair John McCain, threatened, in the open, the army leadership with hearings if this kid doesn't get hung out to dry.

These senior officers, including the overruling General, routinely appear before the committees for both personal promotions and funding.

This case is so spoiled it isn't even funny.

[Baconator]

2. I doubt it will happen and certainly hope not...

Hope he gets everything coming to him...

[jmowreader]

3. I think he already did

He spent five years being hung upside down by the Taliban. That should be plenty.

[Baconator]

5. Meh...

If someone is on the run from the law and has a rough time before he's caught? I don't really care.