Army judge considering dismissing case against Bowe Bergdahl after 'Trump made it impossible to have fair trial'
The Army judge overseeing Army Sergeant Bowe Bergdahl's sentencing hearing says that he is still considering dismissing the case, after the former prisoner of war's defence team argued that President Donald Trump had made it impossible for him to have a fair trial.
"Under the military justice system, it's unlawful for commanders to influence legal cases, or even give the appearance of influence. That principle covers the president as commander in chief," Colonel Nance said earlier this week, considering whether Mr Trump's recent comments that Sgt Bergdahl is a "traitor" constitute interference in the case.
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Sgt Bergdahl’s sentencing had been delayed because of Mr Trump's comments, who recently described him as a “dirty rotten traitor.”
In those remarks, Mr Trump said that the Idaho native should be executed by firing squad, or thrown out of a plane without a parachute.
This is the defence team's position, the headline is a bit misleading. The Judge is considering this position as it should and hopefully will dismiss this "request", since name calling especially from Donald Trump really dosen't influence anyone. The charge is treason and that is the only thing that needs to be considered
There is a question as to whether the judge himself may have been influenced by Trump's comments. If he was, then he should have no choice but to recuse himself.
There is no question at all, however, that Trump's big mouth and stupid comments do nothing but make bad situations worse.
Agreed - some never recuse themselves
Actually the charge is desertion and misbehavior before the enemy, so that should not be considered at all!
Are you being that blatantly obtuse? So you think that the man the would eventually be Commander-in-Chief calling him a dirty rotten traitor or that he should executed by firing squad, or thrown out of a plane without a parachute wont have ANY influence on a military tribunal regarding his sentencing? Really?! Your own words have proven that claiming that treason is the ONLY thing that needs to be considered!
And if Bergdahl walks because of Trump's big mouth, the wrongies will all blame 'liberals' for it.
Of course they will or, they'll blame Obama.
https://www.bing.com/videos/search?q=obama+blaming+obama&qs=PF&cvid=fbb938615a2e4ab8921a778f1f03eea0&cc=US&setlang=en-US&elv=AXXfrEiqqD9r3GuelwApulpk4S7SrkU1trD4QbNxm0frpon827ww8VXqAHRHKmsbTKtlXB2Mb6DN4lZPn6CWTdyG4GSes2emAxLxT6YYoZnF&PC=LCTS&ru=%2fsearch%3fq%3dobama%2bblaming%2bobama%26form%3dEDGTCT%26qs%3dPF%26cvid%3dfbb938615a2e4ab8921a778f1f03eea0%26cc%3dUS%26setlang%3den-US%26elv%3dAXXfrEiqqD9r3GuelwApulpk4S7SrkU1trD4QbNxm0frpon827ww8VXqAHRHKmsbTKtlXB2Mb6DN4lZPn6CWTdyG4GSes2emAxLxT6YYoZnF%26PC%3dLCTS&view=detail&mmscn=vwrc&mid=8714BB6A81F5CA84CBF78714BB6A81F5CA84CBF7&FORM=WRVORC
You are kidding right? Why would Mr. Trump's words carry any more weight with a "judge" in a military tribunal than anyone else's views/comments on the subject? If the judge is that wishy washy on the letter of military protocol and law, as Buzz so aptly stated above, he should recuse himself.
It should hold as much weight as Mr. Trump's statements about banning Muslims did in regards to the travel ban. That liberal judge used it as a crutch for his PC views. I really don't think a military man and judge would do anything more than his dedication to the military and letter of the law dictates.
The only people who listen & dwell on the Presidents tweets are Progressives
Believe me your comment is unbelievable! This I can tell you-- Trump boasts about the bigly YUGE number of followers he has on Twitter. Do you really believe that all Trump's hugely bigly Twitter followers are Progressives?
Unbelieveable!!!
Trump's comments would not impact any judge in the Army's Judge Advocate General Corp. If any judge could be influenced in contradiction to the UCMJ they should be removed.
Actually the entire country should....or do you forget that this administration claims that is his way of getting the "truth" out there!
Actually yes...especially in this case. You forget Bergdahl had already plead guilty, which means he's guilty, what they are weighing in now is his punishment and in doing that the judge is listening to witnesses and testimony. The UCMJ applies only to the MINIMUM and the MAXIMUM he can get, and in that case yes a MILITARY judge can surely be influenced by the words of the Commander-in-Chief a whole lot more than say a regular judge!
What I'm saying is that it's disingenuous for anyone to claim that Trump's words will have little to no influence regarding the sentencing in a military tribunal....and if he does walk free then you have no one but Trump and his Tourette's like comments to blame. blame
Then the story , in itself, is a lie. As the defendant has already pled guilty and refused to remove his plea, then the only thing the military judge can do is sentence him. There is no 'dismissing' and I doubt the Yahoo new 'Quote' was accurate.
It's a shame you think so poorly of a military judge.
Yeah pretty much, that's why I don't take too much stock in Yahoo being a good source for a seed. The judge delayed sentencing but he will still be sentenced. The contention is what the sentence can be, the judge can easily release him with time served and a dishonorable discharge, hence the statement of technically dismissing the case, or give him life in prison, but once again he is still guilty.
Really?! Wasn't it the right that claims the SCOTUS are nothing but unelected judges whenever they make a ruling they don't like?
But to answer your question....I think this Colonel has a tough job, he's damned if he does and damned if he doesn't. If he give him a harsh sentence then the Bergdahl supporters will claim he was influenced by Trump as being a supporter, if he gives him a light sentence then the Bergdahl haters will claim he was influenced by Trump by being a hate....either way it goes it will be bad, but to say Trump's words doesn't have influence is ridiculous....he got elected to the Presidency of the United States with those words!
The safe way to go is follow sentencing guidelines and past rulings. As long as his sentence falls within that range the outrage from both sides won't last long.
If the judge does dismiss on these grounds I can just imagine what setting this type of precedence could do going forward. This is an interesting possibility........
Pretty simple, I think even the Obama loving libs would not get upset with bergdhal getting 25 years, and that would satisfy most of the Obama haters as well. The General can not get away with giving him life, and he can not get away with dismissing the case.
What happened to the "Death" option. USMJ mentions death for desertion - why won't the court take that into consideration?
Won't happen, case is too public, and half of America would go ballistic. And if that happens, something will happen to see the decision overturned, which would piss Trump off, and still see the General get retired. So no. If the General has half a brain, he will give him a bunch of years in prision, and make everyone semi happy.
There has only been one person executed (firing squad) for desertion. Eddie Slovik in WWII.
There were over 20,000 convicted of desertion in WWII and he was the only one executed. I believe that there was a movie made of it.
Believe me, this yet another YUGE success for Trump.
And I can tell you this, this is unbelievable-- that I can tell you.
/sarc
Judge rules Pres. Trump’s comments about Bowe Berghdal will not prevent him from receiving a fair sentence.