Judge denies defense's motion to dismiss Bergdahl case based on Trump's recent comments
UPDATE: Judge denies defense's motion to dismiss Army Sgt. Bowe Bergdahl's case based on President Donald Trump's recent comments.
The sentencing hearing will continue.
Emotional testimony is expected Monday when the wife of a seriously wounded soldier takes the stand during the sentencing hearing for Army Sgt. Bowe Bergdahl.
Prosecutors told a judge that they intend to call Shannon Allen to the stand to discuss a traumatic brain injury suffered by her husband when he was shot during a search mission for Bergdahl after he walked off his post in Afghanistan in 2009.
Bergdahl has pleaded guilty to desertion and misbehavior before the enemy. He faces up to life in prison. Prosecutors are using wounds to several service members who searched for Bergdahl as evidence to convince the judge that he deserves a stiff punishment. The sentencing hearing started last week.
National Guard Master Sgt. Mark Allen was on a mission with other U.S and Afghan troops to gather information in two villages in July 2009 when they were ambushed by insurgents using small arms, machine guns and rocket propelled grenades.
Allen was attempting to make a radio call when he was shot near the temple. He suffered a traumatic brain injury that left him unable to speak, in need of a wheelchair and dependent on assistance for such everyday tasks as getting out of bed.
Shannon Allen has declined interview requests, but the toll on her was evident the day Bergdahl pleaded guilty, as she sat weeping in the courtroom. She is one of the final prosecution witnesses before the defense presents their own.
While Bergdahl acknowledged at his plea hearing that his actions triggered the search missions that resulted in the wounds, his lawyers argue there's a limit to his responsibility for a lengthy chain of events that includes decisions by the U.S. military commanders who led the searches as well as enemy attacks.
Bergdahl, who suffered five years as captive of Taliban allies after abandoning his remote post in 2009, made no deal with prosecutors to limit his punishment, so the judge has wide leeway to determine his sentence.
The 31-year-old soldier from Hailey, Idaho, has said he was caged by his captors, kept in darkness and beaten. He said he tried to escape more than a dozen times before President Barack Obama brought him home in 2014 in a swap for five Taliban prisoners at Guantanamo Bay.
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Your respect and $2 will buy a cup of coffee at Dennys.
So will all of you opinions bagged up in a hefty.
Wrong again. Coffee cist $2.29 at Dennys and i guess you dont leave tips. On the other hand your opinion an ten dollars would get me a cup of coffe there. They charge the extra as a penalty to being exposed to your nonsense.
Coffee cist $2.29
Lol I don't care what it costs I am never buying a coffee cist
You should try them they are oretty goid. A bitch to add cream and sugar to though.
So.....no comment about the topic then?
As for knowing the person......Ha! Let's not try to play coy to all the people on NT! You, arpdx, and I are good "friends" from NV, we are all well acquainted with each other! So, back on topic shall we
I have already appropriately commented about the seeded topic. I cannot, and will not, speak for arkpdx. If you and s/he are friends, that's wonderful.
I do know of your NV comment history toward me and it is unpleasant. Rather than allowing you to continue to try to start a slap fight here on NT with me as you did on NV, I call IMPASSE.
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He faces up to life in prison.
He should be facing what the UCMJ says he should face - Desertion (Article 85)carries the death penalty and Misbehavior Before The Enemy (Article 99) carries the death penalty . Why should this coward spend his life getting 3 hot meals a day and a warm place to live while there are others who served HONORABLY struggling? That money should be used to help those who did the right thing.
You should more to North Korea, where your ideas of punishment would be more mainstream.
I liked exactly what the current UCMJ has for those charges. I was in Afghanistan when this coward deserted in Regional Command East. What a clusterfuck that was and I was on the other side of the country in Regional Command West (Herat Province). My Brigade lost combat power and support assets to go search for him.
You are the poster child for conservatism. Let me guess - Christian and pro-life too?
Is there something wrong with that?
What is wrong with that. Sounds to me that makes him an excellemt person.
Jesus would probably punch you in the face ... and you would probably respond by punching him back.
Really care to link me the Declaration of War Congress signed, as well as tell me what country we are fighting against?
What the fuck would you know about the history of this site? Your existence here is less than spotty, and everyone knows why you had a prolonged absence. I do, at least.
I wonder how many US soldiers have been shot by a firing squad for the crime of desertion.
Edward Donald "Eddie" Slovik (February 18, 1920 – January 31, 1945) was a United States Army soldier during World War II and the only American soldier to be court-martialled and executed for desertion since the American Civil War . [1] [2]
Although over 21,000 American soldiers were given varying sentences for desertion during World War II, including forty nine death sentences, Slovik's death sentence was the only one that was carried out. [1] [3] [4]
See i knew you were a good man. You only needed to be a US navy sailor to be better but no one is perfect.
Translation: "I have no idea I just like pontificating to the masses"!
The UCMJ clearly states that if not during war time then other sentences are required, since the article that keep claiming he is looking at life in prison
ONLY DURING WAR TIME.....you seem to conveniently forget to post this little morsel but all so important fact.....so a declaration or war has EVERYTHING to do with this, if you want anyone to take you serious
Wasn't trying to deflect.....because like you said in reading the UCMJ, the death penalty in either cases are NOT a punishment in this case!
"Think" the U. S. is involved in a "War on Terror" which has been authorized by Congress (see below). As such, Bergdahl's maximum penalty "could" very easily be the death sentence since he deserted in "time" of war during the "War on Terror".
"The world is a battlefield thanks in large part to the Authorization for Use of Military Force , which Congress passed on Sept. 14, 2001 and which gives the President of the United States broad power to fight terrorism around the world.
It reads in part:
This is what the White House meant last week when its spokesperson said, "The United States is at war with ISIL in the same way we are at war with Al Qaeda and its affiliates.""
"SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) IN GENERAL.—That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. (b) WAR POWERS RESOLUTION REQUIREMENTS.— (1) SPECIFIC STATUTORY AUTHORIZATION.—Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution."
2001 : In the wake of the terrorist attacks on the World Trade Center and the Pentagon, Congress passed Public Law 107-40 (PDF), authorizing President George W. Bush to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons." For the first time, "organizations and persons" are specified in a Congressional authorization to use force pursuant to the War Powers Resolution, rather than just nations.
2002 : Congress authorized President George W. Bush to use force against Iraq, pursuant to the War Powers Resolution, in Public Law 107-243 (PDF).
Comedy! That hole just keeps getting bigger huh?
Comedy! Way to move the goalpost!.......but what does that got to do with the UCMJ and the penalty that is imposed?
Presidents since Reagan has been stretching the use of force for decades but the last time a formal declaration of war was done was World War II. This so called War on Terror is just as metaphorical is the Cold War and War on Drugs....regardless on the term it is not a war! Hence the death penalty is not applicable
What is a mop?
When you join the military, you are made aware of what punishments can be given when you violate the UCMJ. When I went to my first AIT, I had a week before I was to start my MOS classes so I planted myself in the reg library and researched many subjects, one of which was punishments for violating the UCMJ. What this disgrace did is clearly defined as deserving of the death penalty. Whether the military will carry out the sentence is another matter but the option is there.
Have you ever served?
So you have no problem with any soldier just deserting and walking away? Some call it treason.
Simply wrong.
*
Because it's not! How hard is that to understand?!
Well seeing as though my brother who just retired last year did 3 tours over in Afghanistan, he actually agrees with me that it's not a legal definition of WAR, thereby taking execution for desertion off the table!
Really? Then why is every report stating the max he can get is life in prison?
Well you Marines need to use proper terminology.
Comment removed for CoC violation [ph]
Why don't you move this slap fest to Chat? It's extremely off topic as was the insult to Jeremy.
Ladies and gents, boys and girls … let us now cease and desist with this pissin' contest and attack content by way of rebuttal rather than attacking other members!
Generic warning … with deletions a-plenty should this personal stuff continue. (A. Mac)
I am trying to avoid the pissing contest, my stream isn't what it use to be. It's now two streams and one is crooked. Late at night i of sit on the bowl to avoid friendly fire.
Well, it is far better to be pissed off … than pissed on …
… and inquiring minds must ask … "Why is the 'P' silent in urine"?
Thanks for sharing your stream-of-consciousness … you should be FLUSHED with pride!
I read another article that said he was put on the stand and he cried. To bad for him. I wish they would just stop this and hand him behind the courthouse.
I saw that too. No sympathy given.
No sympathy from me. The only reason this DESERTER "cried" is because he no longer has Obama and Susan Rice to defend him.
Dude stop….neither charge carries the death penalty in this case, because no war has been declared, realistically he is looking at 3-5 years for the desertion and probably another year for the misbehavior charge. By all means he should be punished but the red meat you all have been ingesting have gotten you all whipped up in a fever dreamed frenzy
Fugures you would only want him lightly punished. You probably thought manning to too harshly punished and deserved the unearranted sentence commutation
Human life means nothing to these people, unless it is a zygote.
Whst does thst have to do with bergdshl?
Try again.
What does that have to do with bergdahl?
A - he is a human
B - he is alive
The guy lost his mind in the fog of war, paid his own price for it, and the only thing you want is for a soldier who served this country to be executed. That is disgusting.
That is questionable. Anyone that would desert his post and abandon the other soldiers is not worthy of that title.
Unfortunately he is and there is not much that can be done about it. Too many good soldiers were killed and injured looking for his sorry ass.
Too bad! Did you also think that Kip Kinkle should have been shown leniency because he became an orphan?
No I would like to see Bergdahl executed. Do not sully the names of the millions of good soldiers that have served this country by even trying to equate him with them. Your doing that is truly disgusting.
No that is righteous justice.
Have you never even heard of INSANITY.
It happens. And guess what the person it happens to.... has NO choice.
Now why would any human go insane in a war setting ? I have no idea, I was never in one.
And keep making excuses for that POS. He is, was and always will be scum and unworthy if consideration.
First learn to spell......second, you do realize there are different levels of severity when it comes to the charge of desertion, which has a maximum amount of time in which going by the statute usually dictates around 3-5 years, only in time of war is the offense considered a death penalty offense. As for the behavior before the enemy charge, that has been used so little in this countries history that it really cant be gauged with a precedent. Once again only in war will it be considered a death penalty offense, anytime else you would have to go by precedence in which the only time I remember someone getting sentenced was a Marine Lance Corporal who got a year. Now it can change depending upon the judge but it's pure ignorance to think that he will be getting the death penalty or even a life sentence in this case!
Comedy! Actually I think Manning is just as much a shit bird as Snowden is and deserved every day he got....but at least he had the guts to stay and take his punishment like a man (no pun intended)
Jahwol Herr Hauptsturmfuhrer what wver yiu sat!
First, learn about the person you're personally attacking before making such an asinine comment. If you knew, you'd never have posted that comment.
Did you forget that Bergdahl "served with honor and distinction"? Many of Obama's followers still believe that Bergdahl is a "hero".
He's not insane, has not been found insane. He made a decision, he left his post (which endangers people because he was supposed to be guarding them). Others were killed and maimed because of him. Because of the decision he made. It's not up to me to determine his sentencing, but talking about him like some poor lost soul is insulting to the memory of those that were injured or killed due to his decision.
So.....no comment about the topic then?
As for knowing the person......Ha! Let's not try to play coy to all the people on NT! You, arpdx, and I are good "friends" from NV, we are all well acquainted with each other! So, back on topic shall we
Dude....that was just a friendly suggestion, calm down before you stroke out!....need a hug?
OH?? Is that why ...
Bergdahl planned his desertion and there's no way for any sane person to deny the above facts.
In the search for him:
AFTER:
Obama traded 5 known Islamic terrorists for a man he KNEW WAS A US ARMY DESERTER. By doing this, Obama gave carte blanche to all of our enemies, because they now think they can "negotiate" with the USA and make demands before they release those they hold in captivity.
And all this shit of a DESERTER can say is "I'm sorry" ... ??? Life in prison is too good for him.
Sorry not buying it. Many are insane, few are diagnosed.
Unless you have witnessed insanity up close you probably don't have a clue what insanity can look like.
Sometimes it appears sane.
Sometimes that's deceiving.
Leaving your post in the middle of the night and walking into enemy territory seems fairly insane to me.
Bergdahl left his neatly folded clothes and other military gear on his bed. He'd already shipped home other personal items. He didn't just decide to go out for an innocent stroll into ENEMY TERRITORY on a whim.
Stop defending a US Army deserter who already admitted to his crime just because the Obama Administration said he "served with honor and distinction"!
Problem is, he didn't "serve" his country, only himself.
Thanks for proving my point! If the death sentence was even considered in this case shouldn't the report have said it carries a possible death sentence? No instead is said a LIFE SENTENCE as the maximum punishment!
You assume a lot here. I offer an explanation for insane actions including earlier stating insanity sometimes acts sane which is very true and you evidently assume I'm defending the man and your reason I'm doing that is loyalty to a president.
LOL You dont know me at all.and evidently you dont know much about insanity either... Good for you. Insanity sucks you dont want to know the Hell it can be.
The time for participation trophies is done. . This guy made a bad choice, fellow soldiers got hurt/died directly because of his actions and there will be consequences for that.
Insanity will be a tough standard to prove but they are trying. I doubt it will go very far. From what i've heard he sounded very rational on his decision making process at the time.
Now That was INSANE.
LOL
Insanity is fickle. Insanity knows NO boundaries, sometime insane people can do things that seem just as sane as anyone else.
They are not. Not at that time. Insanity is also in most cases not permanent. It is caused in most cases by a temporary chemical imbalance in the brain. That is why so much mental illness can be controlled or even corrected by chemical medications.
I am not defending what this guy did , I am offering a realistic explanation for it.
IMO what he did was insane.
I sure as hell wouldn't do it and neither would anyone I know who is sane.
I'll go a step further IMO also ALL terrorists are insane. Sane people just don't do that shit.
Pull your head out of your 4th point of contact. If "now war has been declared" then he would be charged with AWOL not Desertion and Misbehavior Before The Enemy. And if you look at the links I posted, yes, both charges carry the death penalty.
But then again, the left hasn't been that good with facts and undeniable information when presented directly to them.
So, your positions is that his lawyers did not have him professionally evaluated before proceeding with a plea?
My position really does not involve the details of this mans case. My position wouldn't change regardless of who this was. leaving the safety of your military base to go find the enemy in the middle of the night is insane.
period.
I couldn't agree more.
I don't know what was In his mind when he did that. Those of you who have served would know better than I. If I read everything there is to read, I would still not know as much as you do.
What would make him just walk away?
I was working at a Brigade Headquarters Operations cell in Afghanistan when he walked away and I don't know. The initial claim was that he was kidnapped but that lasted about a minute. The reports we were getting had absolutely nothing about being kidnapped. I know his squad and leadership took a grilling from investigators.
An almost unbelievable amount of stupidity
I say we keel haul the scurvy dog argh!
OUCH!!!!!!!
I don't know what that means.
SCURVY : A common disease among sailors caused by vitamin C deficiency causing spongy and bleeding gums, bleeding under the skin and extreme weakness. This lead to the British Navy giving their crews lime juice and being called “limeys” by the American sailors.
KEEL-HAULING : A horrific punishment where the victim is dragged under the ship with ropes attached to the other side of the hull. Not only was there a good chance of drowning but the barnacles and other encrustations on the hull would cause terrible abrasions as the victim was hauled under.
And, of course a dog being a person, usually of male persuasion, who was thought to be less than the person calling him that word.
Did you "Kwell" the problem?
Obamas legacy.
I hope trading terrorists for this guy was worth it to him.
Of course it is. Obama's entire legacy was built upon