Posted on 12/22/2015 11:05:45 AM PST by 2ndDivisionVet
FORT BRAGG, N.C. (AP) — U.S. Army Sgt. Bowe Bergdahl, who disappeared in Afghanistan in 2009 and was held by the Taliban for five years, appeared Tuesday before a military judge on charges of desertion and misbehavior before the enemy.
Bergdahl was arraigned during a short hearing and deferred entering a plea and did not decide whether he wants to face a court-martial with a jury or one with just a judge. He said little beyond answering "yes" and "no" to questions about whether he understood his rights and the court proceedings. He wore an Army dress uniform with a dark blue jacket and pants and had closely cropped hair.....
(Excerpt) Read more at talkingpointsmemo.com ...
I’m pretty sure the president can do a pre-conviction pardon.
Here’s a NYTimes article from 1988 - http://www.nytimes.com/1988/01/05/opinion/l-constitution-allows-pardons-before-conviction-590688.html - citing Ex parte Garland.
“The power thus conferred is unlimited, with the exception stated. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency or after conviction and judgment. “
(about half way down the page here https://www.law.cornell.edu/supremecourt/text/71/333
Ex Parte Garland, 71 U.S. 333, 380 (1866)
Well, if he did pardon Bergdahl, it would be one more blotch on his treasonous legacy.
Bergdahl will walk and the Freddie Gray cops will serve time.
Don’t worry Mr. Bergdhal.
The trial will be stretched out until Obama’s final days and you’ll receive a pardon and anyone affiliated with the prosecution team will be fired. There is no way Obama is going to allow this to make himself look bad.
I don't think a conviction is required for a pardon. Ford pardoned Nixon before Nixon was even formally charged with anything.
You have a very optimistic outlook on life. Finding a rainbow in the darkest storm clouds.
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