Bergdahl makes court appearance, defers plea

foxnews.com ^ | 12/22/15 | Chip Bell/ap

[ColdOne]

U.S. Army Sgt. Bowe Bergdahl, who disappeared in Afghanistan in 2009 and was held by the Taliban for five years, made his initial court appearance Tuesday at Fort Bragg – where he opted for a mix of civilian and military defense lawyers.

Bergdahl, who appeared before a military judge in North Carolina on charges of desertion and misbehavior before the enemy, chose to defer his plea. While deciding on a mix of lawyers for his defense, he also deferred a decision on whether he will be tried by a military judge or a mixed court composed of officers.

The next hearing is set to be held Jan. 12, 2016.

[zot]

Thanks for the ping.

[catnipman]

“If it is still in progress, he can’t.”

If only that were true:

http://www.slate.com/articles/news_and_politics/explainer/2008/07/preemptive_presidential_pardons.html

[RetSignman]

Along with 0’s hissing sssss’s the both qualify for snakes.

[BlueLancer]

Thanks for the info ... I stand corrected.

[CivilWarBrewing]

The extraterrestrial angle considered 'tin foil hat' by some, but when you witness the NWO cabal prioritizing 'climate change' over that of the ISIS cancer it makes one wonder.. Do our alien overlords seek the preservation of their planet at the expense of all of it's human inhabitants? YES, apparently.

How many humans among us aren't really human at all? Remember the 'conservative' Romney/Ryan ticket? When did the old Paul Ryan get replaced with the NWO cabal Paul Ryan?

[kabar]

U.S. Army Sgt. Bowe Bergdahl, who disappeared in Afghanistan in 2009

Disappeared? We know he walked away and sought out the enemy. The MSM prefers to use euphemisms to describe desertion.

[Robert A Cook PE]

Yeah.

Obola’s minions (in the ARMY) want to know who they can get in that group of officers, and who they can exclude, and who they influence.

[Steely Tom]

Yeah, he disappeared, like when Jeannie would cross her arms in front of her and blink.

[xzins]

Won't happen. They'll get him on desertion. That's pretty cut and dried. But misbehavior, iirc, requires proving 'intent' first, and then DIRECT causation of death/injury. If that's the case, I don't see misbehavior being easy to prove.

The accused has the option to be tried by a military judge alone, or a military judge and a panel of five members. Unlike civilian criminal courts, only capital cases require a unanimous verdict. Cases involving confinement for more than 10 years require a three-fourths majority. All lesser crimes need only a two-thirds consensus to convict. A general court-martial can adjudge any sentence, including death, that is authorized by the Manual for Courts-Martial that is consistent with the offense the accused was found guilty of committing. - See more at: http://www.rcfp.org/reporters-guide-military-justice/what-court-martial#sthash.AhPsUyhX.dpuf

Given that a simple majority can convict on a punishment of less than 10 years imprisonment, and given the facts of the case, I see Bergdahl asking to forego the panel and be tried only before the judge. I don't think the facts are in his favor, and going before a panel full of war-experienced warriors would be a nightmare. Almost always, a military judge is FAR AWAY from the battlefield.

[VerySadAmerican]

He should go for the one judge. One judge is much easier for Obama to intimidate.

[Joe Boucher]

Very nice job there BlueLancer,
Thanks

[smoothsailing]

Lizard speak with forked tongue...

[Gay State Conservative]

Ten bucks says that the civilian lawyers are being paid for by the American Communist Lawyers’ Union.Fifty bucks says that these civilian lawyers will claim that he cannot get a fair trial due to undue command influence (Obola’s comments and his parents’ invitation to the WH).

[matginzac]

Thanks for your post, BL.
One of the best things about FR is having members like you who are experts and are happy to educate the rest of us on the issue.
Knowledge is power and having a FRiend like you makes us that much more powerful.
Merry Christmas!

[treetopsandroofs]

“If it is completed before Obama leaves office, he can pardon him. If it is still in progress, he can’t.”

FWIW, BJ Clinton set a precedent by pardoning a FUGITIVE, so the Fraud no doubt believes he can step in at any time and do the same for his BFF deserter buddy.

Speaking of which, I’m thinking the terrorists’ best friend in the white hut has similar plans in 2017 for Truman “No rape-rape” Capote.

[Gay State Conservative]

If it is completed before Obama leaves office, he can pardon him. If it is still in progress, he can't.

IIRC Gerald Ford issued Nixon a full and unconditional pardon before any charges were even filed.I never ran afoul of the UCMJ (miraculously) so I know almost nothing about courts-martial but I have read that they are,very simply put,just Federal trials conducted under the provisions of a portion of the US Code.If I'm correct on that it seem as if Obola has as much authority to pardon him at any point in the future as Ford did to pardon Nixon when he did.

Of course I could be wrong on that.

[mc5cents]

Very good explanation of why the President has this almost unlimited power to pardon.

Pardon power

[mc5cents]

But this at the very end of the article:

The pardon power has been and will remain a powerful constitutional tool of the President. Its use has the potential to achieve much good for the polity or to increase political conflict. Only the wisdom of the President can ensure its appropriate use.

[catnipman]

“Thanks for the info ... I stand corrected.”

hell, I wasn’t sure myself until i googled it, but i do remember that ford granted nixon a pardon that covered pretty much everything, now, then, and later.

Given all of that, I think we can expect some EXTREMELY bad juju from obama in his final days in office.

[Colorado Doug]

Obama’s not going to pardon him. He’s a pawn who has already served his purpose. While the White House may try to intervene in the judicial process to cover up the damage, he cares nothing for the stupid white boy. If he loses in court, that’s the end of it.