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Military selects rarely used charge for Bergdahl case
AP via Yahoo News ^ | September 7, 2015 | JONATHAN DREW

Posted on 09/07/2015 9:18:13 AM PDT by Leaning Right

Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.

Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was — but he was also charged with misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: article99; bergdahl; desertion; obamaforeignpolicy; obamalegacy; obamascandals; proislamist; switchedsides; traitor; treason
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Also from the article:

For Bergdahl, the Article 99 offense allows the prosecutors to seek a stiffer penalty than the desertion charge, which in this case carries a maximum sentence of five years in prison.

1 posted on 09/07/2015 9:18:13 AM PDT by Leaning Right
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To: Leaning Right

Funny. The penalty for desertion in the face of the enemy used to be a noose or a firing squad. What happened?


2 posted on 09/07/2015 9:21:31 AM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: Leaning Right
Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.

It amazes me that this is labeled a "politically fraught case".

3 posted on 09/07/2015 9:26:30 AM PDT by The_Media_never_lie (Let him who pays no taxes, also not vote!)
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To: Leaning Right
https://www.law.cornell.edu/uscode/text/10/899
10 U.S. Code § 899 - Art. 99. Misbehavior before the enemy

It could be a truly stiff penalty, i,e, rigormortis...

...shall be punished by death or such other punishment as a court-martial may direct.
4 posted on 09/07/2015 9:26:50 AM PDT by BigEdLB (We need to target the 'Ministry of Virtue' on Iranian bombing runs. It is not vituous)
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To: Leaning Right; windcliff; stylecouncilor

It was Treason, plain and simple, as it was Treason for soebarkha to make the exchange for the bastard.


5 posted on 09/07/2015 9:27:46 AM PDT by onedoug
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To: Leaning Right
Bergdahl, dim bulb on a dimmer switch turned low...









FREEPATHON
by the numbers
moving the last piece

6 posted on 09/07/2015 9:28:26 AM PDT by DoughtyOne (It's beginning to look like "Morning in America" again. Comment on YouTube under Trump Free Ride.)
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To: Little Ray
I think he can only be charged with desertion.... he was in a combat zone but not in combat when he took off

desertion ....in the face of the enemy ...i would think is if you ran in battle

7 posted on 09/07/2015 9:30:41 AM PDT by tophat9000 (King G(OP)eorge III has no idea why the Americans Patriots are in rebellion... teach him why)
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To: Leaning Right; skinkinthegrass; onedoug; 2ndDivisionVet; ConorMacNessa; NKP_Vet; PROCON; ...

Bergdahl ping. Read the entire article.

“Misbehavior before the enemy was used...at least 494 times for soldiers in Europe between 1942 and 1945.....”,


8 posted on 09/07/2015 9:31:42 AM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: The_Media_never_lie
It amazes me that this is labeled a "politically fraught case".

I'm amazed that these types of charges have even been filed. I would have guessed that Obama would have squashed the whole thing.

9 posted on 09/07/2015 9:32:32 AM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: Leaning Right

So the meeting with his parents at the white house, the release of Taliban for Bergdahl, all of it was a charade and the feckless fool on the hill knew it all along.What a bunch of lies, crap and treason.


10 posted on 09/07/2015 9:34:52 AM PDT by Fungi
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To: Leaning Right

Enough is enough...hang him and get it over with.


11 posted on 09/07/2015 9:35:50 AM PDT by Enten (I don't have islamophobia...I do have islamonausea)
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To: Little Ray

“Funny. The penalty for desertion in the face of the enemy used to be a noose or a firing squad. What happened?”

We no longer fight declared wars like WW’s 1&2, where you could actually kill the enemy and not face prosecution for it. We no longer have conscripts, which were kept in line with harsher, swifter and more final justice. We live in “enlightened” times where as long as you “feel” something it’s okay regardless of laws. Everything is now relative, rather than absolute. Lastly, the military is in a difficult spot. Their commander and chief thought he could control the narrative and make himself the savior and Bergdahl a hero. The military must not embarrass the president while at the same time pretending to administer justice.

I suspect the case will be lost on a technicality that relieves the military of having to further prosecute but keeps up the lie that they tried. Can you imagine the embarrassment for Obama if they were to try him for desertion or other crimes and then convict him?


12 posted on 09/07/2015 9:38:41 AM PDT by Gen.Blather
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To: Leaning Right
" I would have guessed that Obama would have squashed the whole thing."

It will be an outgoing pardon. I suspect he will pardon all of the inmates at Gitmo as well in order to complete his Tehran sponsored agenda here in America. Obama is going to poke that middle finger in our eye every week he's still in office.

13 posted on 09/07/2015 9:38:54 AM PDT by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Leaning Right

Death penalty for him. Because he deserted, several troops lost their lives searching for him......could he be charged with murder for that?


14 posted on 09/07/2015 9:39:17 AM PDT by originalbuckeye ("In a time of universal deceit, telling the truth is a revolutionary act." - George Orwell)
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To: Enten

Hang THEM and get it over with.
Bergdahl AND Barry Soetoro.


15 posted on 09/07/2015 9:40:35 AM PDT by Tucker39 (Welcome to America! Now speak English; and keep to the right....In driving, in Faith, and politics.)
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To: GreyFriar

Thanks for the ping. Interesting. I hope they convict him.


16 posted on 09/07/2015 9:41:11 AM PDT by zot
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To: Little Ray

No matter. Bergdahl should have nothing to fear as long as he’s convicted before January 19, 2016. On that date, obama will have the chance to pardon him, along with mumia abu jamal, leonard peltier, joanne chesimard, and others of his anti-American mindset.


17 posted on 09/07/2015 9:45:41 AM PDT by DPMD
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To: originalbuckeye
Because he deserted, several troops lost their lives searching for him......could he be charged with murder for that?

That's an interesting question. And here's a related hypothetical. Suppose an arsonist deliberately sets fire to a house, and a fireman dies while trying to put out that fire. Can the arsonist be held liable for that fireman's death?

It seems to me that the Bergdahl case is not unlike the above hypothetical. Maybe a FR lawyer-type could weigh in on this.

18 posted on 09/07/2015 9:47:05 AM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: Leaning Right

The military justice system has become so polticized that I have little hope of any real justice in the Bergdahl case. Simply look at the Ft. Hood terrorist Maj. Hussan. His guilt was never in question, and his death penalty should have been swift and certain. However it could be decades before he faces justice thanks to our coward in chief.


19 posted on 09/07/2015 9:49:02 AM PDT by The Great RJ (“Socialists are happy until they run out of other people's money.” Margaret Thatcher)
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To: Leaning Right

The military justice system has become so polticized that I have little hope of any real justice in the Bergdahl case. Simply look at the Ft. Hood terrorist Maj. Hussan. His guilt was never in question, and his death penalty should have been swift and certain. However it could be decades before he faces justice thanks to our coward in chief.


20 posted on 09/07/2015 9:50:48 AM PDT by The Great RJ (“Socialists are happy until they run out of other people's money.” Margaret Thatcher)
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