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Old 03-26-2015, 04:11 AM
Location: San Antonio
1,256 posts, read 1,753,799 times
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Charges filed with no pretrial confinement. He will never serve a day in prison.
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Old 03-26-2015, 05:35 AM
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There are some conflicting reports both on local, and national media about the current situation. Jim Forsyth explained that he didn't think Bergdahl would even see a Court Martial based on the fact that the prosecution has to prove there was no intention to return to his unit. As I understand it, there are two things the prosecution must prove IAW the Manual for Courts Martial. First, they must establish state of mind at the time of the desertion, meaning that the accused deliberately left his/her post/station/ship/unit. Well, Bergdahl did that for the prosecution. There are letters sent to friends and family clearly communicating his intent and his justification for his decision to leave. The second, and admittedly trickier burden of proof is that the accused had no intent to return to their unit. It's pretty clear to anyone that has served in Iraq or Afghanistan that if you go outside the wire, alone, in hostile territory, you won't be coming back any time soon. Subjective, I know, but any reasonable person would know that going outside the wire, alone, in a hostile area meant you wouldn't be coming back.
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