NOTE! Again, this was not written by me although I interjected a couple of comments. This is all Harbinger’s work. And great work it is.
First I would like to start with the acknowledgement that I have never written anything like this before, so forgive me if it doesn’t meet with the standards we all expect from an article at Def-Con news. That out of the way on to the news.
As most of you are aware in November 2017 Bowe Bergdahl was sentenced on 2 charges he had previously plead guilty too. Desertion and misbehavior before the enemy. An act that was basically throwing himself at the mercy of the court to save himself from the death penalty. His request was granted and he was reduced in rank from sergeant to private, forfeiture of $10,000 in pay, and was given a dishonorable discharge. All in all a very light sentence, as he received no prison time. Something many thought he deserved. Desertion in peace time is subject to 5 years in prison, desertion in war is subject to the death penalty. A term and sentence many are aware of. The 2nd charge, misbehavior before the enemy is not as well known, and subjected him to life in prison.
Throughout the evolution of war, armies have sought to regulate the behavior of its soldiers. Behavior that demonstrates a lack of discipline or honor places at risk the ability of an army to effectively achieve its tactical goals on the battlefield and its strategic goal of maintaining the confidence of the people it serves.
Article 99 of the Uniform Code of Military Justice, the offense to which Bergdahl pleaded guilty, states:
Any member of the armed forces who before or in the presence of the enemy—
(1) Runs away
(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) Casts away his arm or ammunition;
(5) Is guilty of cowardly conduct;
(6) Quits his place of duty to plunder or pillage;
(7) Causes false alarms in any command, unit, or place under control of the armed forces;
(8) Willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing which it is his duty so to encounter, engage, capture, or destroy;
(9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle; shall be punished by death or such other punishment as a court martial may direct.
Bergdahl got off light in my opinion, and I am not the only one who thinks this. Now however is the latest twist of this story.
Bergdahl’s attorney, military law expert and Yale University lecturer Eugene Fidell. Is trying to get him a new trial, or clemency.
Fidell cited several military convictions that were overturned following statements by public figures that created an “appearance of unlawful command influence.” I’m not sure how many of you have figured out that sentence, but it is essentially saying because President Trump or then candidate Trump when some statements were made against Bergdahl are seen as negative that the case should be dismissed. Or put another way orange man bad.
It makes no difference that Bergdahl pled guilty. It makes no difference that the search to find Bergdahl, who said he left his post to call attention to problems within his unit, involved thousands of troops and hundreds of hours of drone time. During his trial, military officials said several troops were wounded in firefights that Nance (the judge) said would not have occurred if Bergdahl had not left his post in Paktika province near the Afghanistan-Pakistan border.
[Editorial insert from William Munny] Yes, several were wounded and in fact, one soldier died searching for this bag of shit.
Via the Army Times
A retired soldier who was shot in the head while searching for Army Pvt. Bowe Bergdahl has died.
The Atlanta Journal-Constitution reports 46-year-old Master Sgt. Mark Allen of Loganville, Georgia, died Saturday. His obituary says he died from complications of an injury sustained while serving in Afghanistan.
And further it made no difference that Nance agreed to be lenient, opting not to send Bergdahl to jail. But he added that he was not influenced by the president’s opinion, and he “held no fear of any repercussions from anyone” who did not agree with the sentence. Further according to court documents, Nance assured Bergdahl’s counsel that Trump’s comments would have no impact on his decision saying, “I have no hope or ambition beyond my current rank … I am completely unaffected by any opinions President Trump may have about Sgt. Bergdahl.
Because Bergdahl received a dishonorable discharge, his case automatically qualified for an appeal. The Army Court of Criminal Appeals judges did not say when they would issue a decision on the Bergdahl appeal. If they find in favor of Bergdahl, they could require a new convening authority or grant clemency. If they side with the government, Bergdahl has the option of appealing to the Court of Appeals for the Armed Forces.
So that’s where this is right now, waiting for a 3 judge panel to decide if Bergdahl will get a new trial. I think he is lucky to be alive and should slither away to some hole to hide for the rest of his miserable life. What say you, both of Bergdahl, or constructive criticism to me about the story.
