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McCain on Bergdahl

by Jonn Lilyea••57

Former POW and Senator John McCain tells the Boston Herald that if deserter Bowe Bergdahl only faces an Article 15 like his lawyer said would be an appropriate punishment, well, McCain would then conduct a Senate investigation of the case and the way the military handled the legal aspect;

“If it comes out that he has no punishment, we’re going to have to have a hearing in the Senate Armed Services Committee,” said McCain, who chairs the committee. “And I am not prejudging, OK, but it is well known that in the searches for Bergdahl, after — we know now — he deserted, there are allegations that some American soldiers were killed or wounded, or at the very least put their lives in danger, searching for what is clearly a deserter. We need to have a hearing on that.”

Of course, the lawyer, Eugene R. Fidell says that’s command influence;

“Sen. McCain’s comments are deeply disturbing and constitute unlawful congressional influence in a sensitive pending military justice matter,” Fidell said. “This is particularly troubling because he is chairman of the committee that confirms all military promotions, as well as all nominations to the highest uniformed and civilian positions in the Army.

Keep in mind that it’s only Fidell who has said that the presiding officer at Bergdahl’s Article 32 hearing recommended an article 15. We haven’t heard that from the Army yet.

I guess it wasn’t command influence when the President released five high-value terrorists and hosted Bergdahl’s parents at the Rose Garden for a press conference. Maybe the lawyer should work harder at keeping his client out of pot-smoking parties, that might prevent some of this command influence.

Thanks to Chief Tango for the link.

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57 thoughts on “McCain on Bergdahl”

  1. 1. Rope.
    2. Tree or Gallows.
    3. Deserter/Enemy Corroborator

    Some assembly required.

    Even if he does see the outside of a prison, Bergdahl will have to live every day of his life knowing that the families, friends and Buddies of those KIA and WIA while looking for him will always be out there as well as all of the Vets that know who he is and what he did. May he rot in hell chained to Jane Fonda, Helen Thomas, and my ex-wife!

      1. Jar of Crunchy Peanut Butter

        His junk and nutsack

        Release a pair of starving Rottweilers or Pit Bulls.

        1. How ’bout throwing him in a Pirahna-infested pond after chumming the water with animal blood?

      1. NOPE!! 😈 After I married that damn thing, she turned evil enough to make Rosie O’Doughnut seem angelic, I still celebrate the anniversary of my divorce from that slithering bucket of evil!

          1. Judging from what a couple of you reminisce over your ex’s, I’m wondering if any of you married my ex after we divorced? Pok Sallet Sandra, straight razor totin’, so mean she make an alligator look nice. That ring any bells to you? None of you could talk this way unless you had been married to HER!!!!
            God forbid, and ya’ll are still sane!
            PTSD my ass…..It’s Post Traumatic Sandra Disorder!

            1. Was she a convicted felon as well? I didn’t find out about that until after the wedding. She was quite the “Professional Spouse” as well as a financial predator!

    5. This is more of McCains double talk bullshyt! He is on the committee for all promotions? Where in hell was he when they promoted that deserting S.O.B. to sgt after he came back? This is just more of what this freaking administration has been giving us for years……BULLSHYT!

      1. Wrong committee…Congress doesn’t have anything to do with promoting incompetents to E-5. They only look at promoting incompetent flag/general officers.

      2. Also, Bergdahl was promoted twice while in captivity, not after he returned. He lost that automatic promotion to Staff Sergeant by returning to military control two weeks prior to when it would have taken effect. Have a problem with promotions while missing? Take it up with CG, HRC or the Army G-1.

    6. Proud…add my ex to your list even though it’s a man. Yup! There are evil bitches out there and thank Buddha I ain’t one. I absolutely loved having the male half of a divorce as our client. I was very satisfied by simply saying to the clients soon to be ex wife “come get a quarter and call someone who gives a damn”. Yeah, I got chewed out by the attorney, but well worth it??

  2. Never heard of unlawful congressional influence. McCain is not in the chain of command so I’m not sure there’s a problem with him expressing his opinion.

    1. This. There is nothing in UCMJ (as far as I am aware) about “unlawful Congressional influence”. But then again, I’m no law-talker.

  3. I’m no fan of McCain. but this may have been one of his better ideas I’ve seen in a while

          1. I was stunned but there is a difference between real POW and FAKE BirdShit being full of crap should be called out

  4. “And I am not prejudging, OK, but…he deserted, there are allegations that some American soldiers were killed or wounded, or at the very least put their lives in danger, searching for what is clearly a deserter.”

    Not prejudging? You know, he really ought to just STHU before he screws this all kinds of up, too. Although it’s probably too late.

    1. I’m ALL FOR letting him and his Attorney run their mouths and fucking themselves! 😀

  5. Somehow the concept that a guy who sold his soul to Charlie Keating could be sitting in judgment on another man defines irony in such a way as to stretch the definition to near breaking.

    John McCain, POW and stand up tough guy no doubt, but lying rat bastard king of corruption since hardly makes him fit for anything. It amazes me that his state doesn’t care anything about his lies and corruption and hasn’t for almost 30 years now…and we wonder why the country is all fucked up…look in a mirror assholes, we the people are the problem. We elect liars and thieves and are surprised at their lives and grandiose schemes to enrich themselves at our expense.

    Nobody leaves an alcoholic in charge of their bar, but we put thieves and liars and corrupt pricks like McCain back into office over and over hoping that somehow we’ll get a different outcome using the same rat bastard as last time. We are so fucking stupid as a nation it’s virtually unbelievable if not for the evidence proving the reality.

    Fuck John McCain and Fuck Bo Bergdahl, but McCain judging anyone is rich stuff indeed…

    1. I hear you. It’s one thing for Senators and Congressclowns to have hearings and investigations, but how many of those are fluffed and paraded into little more than political dog and pony shows? I have all kinds of respect for Senator McCain for his bravery as a POW, but as a politician he’s been little more than a damned human chameleon!

  6. I’d love to go all code red like in a few good men on Bergdahl. I’d love to put a black hood over his head, without any holes, then beat the bastard all over his body with appropriate tools, such as claw hammers wrapped in towels. Then I’d like to expose Bergdahl to an inhalant that would fuck up his brains big time and turn him into a glue freak.

    1. Code Red, ain’t that what we call a “Blanket Party” in the Army, like when everyone took a turn with a bar of soap in a washcloth in “Full Metal Jacket”? We didn’t get that fancy, the recipient would already have his boots laying under his bunk and fists did the job as well! Yeah, Bergdahl is an extreme buddyfucker in serious need of nightly “Blanket Parties”.

  7. I’m still curious what Bergdahl provided the enemy (other than blow jobs) so that he could stay alive for 5 years. No other captive survived nearly that long and it didn’t take 5 years to arrange a prisoner swap. What value was this little fuck to them that kept him breathing?
    Why has no one asked that question?

    2. Well, the most obvious value is that he is a blue-eyed devil who, I understand, looks great in stilettos, leather chaps, and a whispy halter top.

    3. Excellent point you have there. He’s the only one who’s been held versus being used as a propaganda tool for a video to show what they do to infidels.

      He must be really good at sucky sucky and phucky phucky, treat you real good.

      1. That’s what I meant by calling Bergdahl a “Poosht Boy”. In the Dari language, “Poosh” refers to what they do on “Man-love Thursday” and the “Poosht” is the receiver! Thus I’m sure that Bergdahl was their favorite “Poosht” to pass around their cave or tent DuJour.

  8. So… according to Fidell, it’s okay for Fidell to comment on a sensitive pending military justice matter, but it’s not okay for McCain to comment on what Fidell said about a sensitive pending military justice matter.

    Got it.

  9. Technically the Senate is not in Bergdahl’s chain of command…however, Mr. Fidell may have a point on this one. That was a REALLY STUPID THING for a Senator to say, especially one who has held flag rank in the past. At a bare minimum, the defense now has an argument that he’s been deprived of a fair trial…since Congress, which controls the military’s budget, has just threatened some military careers if the “right result” isn’t reached.

    The case law on unlawful command influence traces back to this statute which is addressed to commanders. Case law applies it to other authorities (such as Staff Judge Advocates) who act on their behalf.

    I guess it wasn’t command influence when the President released five high-value terrorists and hosted Bergdahl’s parents at the Rose Garden for a press conference.

    Mr. Fidell is already using Mr. Obama’s decisions to argue that Bergdahl was effective accepted back into the service and can’t be prosecuted anymore. The thing is, though, “unlawful command influence” is only invoked when it hurts the accused; the prosecution can’t invoke it when it hurts them.

    2. Ah, wrong on 2 accounts.

      McCain was responding to a desparate defence attorney who seems to have made a fairly serious projection of a decision within the purvue the presiding officer.

      McCain was well within his role as the projection was out of line, perhaps improper and he retired as a full bird Captain. He was never a flag officer.

      1. You’re right about the rank. Thanks.

        You’re not right about him being “well within his role.” “Responding to desperate defense attorneys” is not the role of U.S. Senators, no more than it is of other senior Government officials. That’s what prosecutors are for. If the command lets Bergdahl off lightly, it won’t be because Gene Fidell said so in public, so a Senatorial threat to “respond” to that is quite uncalled-for in any case.

        And make no mistake: Sen. McCain’s pronouncement was a threat to the command, designed to make them take a case to court-martial. They certainly should take it to that level; but pressure from Congress gives the defense attorney an argument he wouldn’t otherwise have had, while doing no good whatsoever. It’s grandstanding at its worst.

    3. Well they’ve already fixed that because there isn’t a defense budget at this point.

      Mr Fidell is doing what defense attorneys do. “If the glove doesn’t fit, Bergdahl is a victim who was forced into the blowjobs he gave and you must acquit because not to would be mean to him.”

  11. I want him fully exposed, convicted and sentenced in a big league CM for “misbehavior in the presence of the enemy”.

    For if that is done, so is he.

  12. Unfortunately the Garwood case probably set the standard for punishment for desertion in the modern era. Garwood’s transgressions were far more serious than Bergdahl, yet the only punishment he received was reduction to private, forfeiture of all pay and allowances, and a dishonorable discharge. Garwood served no time at all.

    1. Sadly, since US law seems overly influenced with “precedent”, instead of adjudicating a case on it’s individual facts, this is plausible. I have NEVER understood why this is a good idea.

      It is also plausible that that POS in the White House will pardon him the night before the next POTUS is sworn in.

      1. Punishments at court-martial are not set by precedent. Precedent is used to set legal rules, not punishments or guilt in an individual case. The question of whether Senator McCain has prevented Bergdahl from getting a fair trial will be decided based in part on precedents. But the question of how long he’s locked up won’t be.

        In the event Bergdahl gets to a panel, the panel will not hear about Garwood, and the defense won’t be arguing “you have to give him a light sentence because of Garwood.” They will get the individual facts and circumstances, and decide the sentence based on those. The only limits will be the maximum sentence set by the President in the Manual for Courts-Martial. (5 years for desertion with intent to shirk, life for misbehavior before the enemy.)

  15. What McCain said…While we’re at it, Garwood was injected into the conversation. Garwood should have been sent to FLW-CCB for life, no parole, no pardon, nothing.

    1. Negative. Garwood should have been hanged. Worthless bastard not only deserted, but actively assisted the enemy during wartime.

      If the worst of what’s been alleged concerning Bergdahl is true, he deserves the same. Unfortunately, he’ll likely not get it even if that’s proven true.

    2. For anyone interested in a detailed analysis of the Garwood case, these links might be of interest:

      http://www.miafacts.org/grwd_1.htm
      http://www.miafacts.org/grwd_2.htm
      http://www.miafacts.org/grwd_3.htm
      http://www.miafacts.org/grwd_4.htm
      http://www.miafacts.org/grwd_5.htm

      This link provides an intro and links to other Garwood info:

      http://www.miafacts.org/garwood%20index.htm

      The author is IMO credible. He was Deputy Director for the DoD POW/MIA Office from July 1993 to March 1995.

  16. I think my problem is that he was declared missing at all. In fact he deserted and many people knew that at the time.

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