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He will be judged by military leaders. People who actually understand the UCMJ and the act of desertion. What can interfere with an honest verdict is political pressure. If the Obama admin wants this guy spared it will happen. It would be in Obama's best interest for Bergdahl to be found not guilty. Obama, after all traded terrorists to get him back, then welcomed him home as a hero. I can definitely see Obama manipulating a court martial to spare himself further embarrassment. His ego is his greatest priority.
One of the questions military leaders do ask--and he will be judged by military leaders--is "what the hell was his chain of command thinking?" as they review his record, which clearly shows he should have been booted long before he deserted
Following the Ft Hood shooting--which was also a severe case of "what the hell was his chain of command thinking?"--this kind of thing should get a lot more attention in the Army.
In the Ft. Hood shooting, how much bearing did commands screw up affect the sentencing of the defendant? Was his sentence reduced because command didn't apply due diligence? Command may well be brought to question but it will have little effect on sentencing.
He will be judged by military leaders. People who actually understand the UCMJ and the act of desertion. What can interfere with an honest verdict is political pressure. If the Obama admin wants this guy spared it will happen. It would be in Obama's best interest for Bergdahl to be found not guilty. Obama, after all traded terrorists to get him back, then welcomed him home as a hero. I can definitely see Obama manipulating a court martial to spare himself further embarrassment. His ego is his greatest priority.
No, he won't. Obama's opinion might have some effect on his sentence, but not on the verdict. The president is not God and not even Santa Claus. The voting of the court-martial panel is secret.
It really annoys me that people have so little respect for military officers and NCOs as to think that they bend over so easily to every whim of the president at every opportunity.
They do not.
Last edited by Ralph_Kirk; 12-15-2015 at 09:39 AM..
In the Ft. Hood shooting, how much bearing did commands screw up affect the sentencing of the defendant? Was his sentence reduced because command didn't apply due diligence? Command may well be brought to question but it will have little effect on sentencing.
That was a horrendous result in which the sentence was close to mandatory. At the same time, it was also clear that Army leadership made repeated errors in judgment keeping Hassan in the service. It seems from what we've seen in the Bergdahl case that something similar happened. And for that matter, it's apparent in the Manning case as well. All three were people who in hindsight should have been released from service long before their fatal screw-ups.
I understand the bureaucratic roadblocks to some extent. In my career, I had to "recommend" the release of two airmen for the good of the service, and it's not an easy process if they haven't at that point actually committed any crimes (heck, even refusing to give them exit decorations was as much trouble as recommending them for decorations would have been).
But I have seen a couple of cases where the prosecution "had the goods" on defendants for serious offenses that they were charged for, yet the court-martial convicted them on reduced charges reflecting the fact that they'd clearly had poor leadership.
That was a horrendous result in which the sentence was close to mandatory. At the same time, it was also clear that Army leadership made repeated errors in judgment keeping Hassan in the service. It seems from what we've seen in the Bergdahl case that something similar happened. And for that matter, it's apparent in the Manning case as well. All three were people who in hindsight should have been released from service long before their fatal screw-ups.
I understand the bureaucratic roadblocks to some extent. In my career, I had to "recommend" the release of two airmen for the good of the service, and it's not an easy process if they haven't at that point actually committed any crimes (heck, even refusing to give them exit decorations was as much trouble as recommending them for decorations would have been).
But I have seen a couple of cases where the prosecution "had the goods" on defendants for serious offenses that they were charged for, yet the court-martial convicted them on reduced charges reflecting the fact that they'd clearly had poor leadership.
If there had been no additional damage as a result of his desertion, I could see that happening possibly, but that isn't the case. The prosecution will hammer home the results of his actions and I would be very surprised if he doesn't get some substantial time. Dishonorable discharge and forfeiture of rank and pay are a given. The death of other servicemen as a result of your actions will not be seen in a good light I don't believe. I see Mr. Bergdahl spending his next vacation in Kansas for about 30 years. Perhaps I'm wrong. Time will tell.
If there had been no additional damage as a result of his desertion, I could see that happening possibly, but that isn't the case. The prosecution will hammer home the results of his actions and I would be very surprised if he doesn't get some substantial time. Dishonorable discharge and forfeiture of rank and pay are a given. The death of other servicemen as a result of your actions will not be seen in a good light I don't believe. I see Mr. Bergdahl spending his next vacation in Kansas for about 30 years. Perhaps I'm wrong. Time will tell.
Could be.
But I certainly don't think the members are going to bend over for Obama.
But I certainly don't think the members are going to bend over for Obama.
I don't see that happening either, but that said, a president can wield a great deal of influence in a number of ways. I would hope he lets the military take care of their own.
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