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 ...
Execution for desertion was never a widely used penalty. In fact, we've only done it one time since the Civil War; Eddie Slovik in 1945.
That is an excellent point. There is something going on behind the scenes here, and it ain't pretty.
And it can be argued that Slovik was executed only because the Battle of the Bulge had started when Eisenhower was reviewing the case.
There was a certain level of panic in the Allied lines at the time (not desertions, but confusion over just where the advancing Germans were). SO Eisenhower thought he needed to make an example.
If Slovik had deserted much easrlier, or much later, he probably never would have been shot.
Convict him on the 21st...just to be sure.
"It does almost look like you're trying to get two bites at the same apple."
Good, take some more bites. I know someone who was killed by an IED over by where Bergdahl was. If he was aiding the enemy, take however many bites to get to a cigarette and a blindfold.
It won’t matter what he’s charged with or what his sentence is, if convicted. Obama will pardon him free and clear.
The Pentagon has said there is no evidence anyone died searching for Bergdahl.
...................
What?
The deaths of six U.S. soldiers in Afghanistan are being tied, directly or indirectly, to the search for Army Sgt. Bowe Bergdahl after he went missing and was captured by the Taliban in 2009, former unit members allege.
http://www.cnn.com/2014/06/05/us/bergdahl-killed-soldiers-profiles/index.html
I read and processed literally hundreds of court martials, 1969-1970, for what most people would consider desertion but were prosecuted as AWOL because intent was almost impossible prove.
“(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently”
The appropriate charge was filed.
The UCMJ does not address “desertion in the face of the enemy”. I wrote up charges to know.
That is in time of war and any competent JAG officer should be able to make mincemeat if a charge of desertion in a time of war. We never declared war.
Article 85 (c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
No proximate cause.
Yes, proximate cause. Bergdahl’s absence from his post was not proximate cause.
Once again,
(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
War was not declared, ergo, how can he be charged with desertion in time of war?
"Misbehavior Before The Enemy" is punishable by life imprisonment.
That would be sufficient...
Well, you cannot say Obama did not try. According to his henchwoman, Berghdahl served with honor and distinction.
Somehow, I don’t think “enemy” requires a declaration war. I patrolled a border for two years against an enemy against whom there we no declared war or even open hostilities.
Thank you!
Just ‘cause we slacked off doesn’t mean we shouldn’t pick it up. Especially when dealing with scum that deserted TO the enemy.
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