It appears that Bergdahl’s court-martial is now on hold.
Bergdahl is facing court-martial for desertion and misbehavior before the enemy. His defense team has asserted that they need access to certain classified materials to defend Bergdhal. The prosecution disputes this.
The trial judge granted Bergdahl’s defense be given access. However, the prosecution has appealed this decision to a higher military court. We’re now awaiting that appeals court decision – and everything else is on hold until that decision is announced.
As Political Insider notes here, the defense’s assertion is bull regarding the charge of desertion. Proving the specific form of desertion with which Bergdahl is charged merely requires proving that he absented himself to avoid hazardous duty. Leaving post without authorization in a combat zone to go AWOL constitutes exactly that, and proving that is simple – he either did or he did not absent himself. Nothing classified about that, and nothing classified needed to defend the case.
Bergdahl’s legal team may or may not need access to classified materials in order to defend him against the charges of misbehavior before the enemy. Depending on precisely what evidence or theory the prosecution plans to present to prove that charge, the defense could indeed need access to classified information to defend.
However, I think it’s far more likely that this is a classic instance of graymail. My guess is that the defense team is merely trying to prevent the public from finding out just how badly Bergdahl behaved while enjoying Thursdays with the Taliban and/or the Haqqani Network. Doing so might be necessary to preserve future book deals and such. So they’re requesting info to material that’s highly classified and hoping that the government flatly refuses to comply and the judge pitches the case.
Stay tuned.
Comments
24 responses to “Bergdahl Court-Martial On Hold”
Fack Hymn.
Hmmmmm Hmmmm Hmmmmmmmmmmmm
Fack HYMN!!!
Bergdahl’s lawyers are just practicing the old legal tactic:
When law is on your side, pound the law. When facts are on your side, pound the facts. When neither is on your side, pound the table.
And when people get enough of the BULLSHYT, pound the freaking lawyers…hang that cowardly little bas-ard!
BULLSHYT is spelled “BULLSHIT”.
bas-ard…Don’t you mean “bastard”?
Excellent analysis, Hondo, and I suspect you have the right of it.
Alternatives: if the “graymail” relates only to the misbehavior charge, it could be pressure to get the government to drop that one while leaving the (lesser) desertion charge in place.
Another possibility is this: if the Government’s case in aggravation relies on people being killed while searching for Bergdahl, the Defense may be insisting on details of every classified mission in the area that may have had something to do with him, and if the Government doesn’t hand it over, they may persuade the judge to exclude that kind of aggravation.
The same goes with any information the Government has on how Bergdahl behaved while in captivity…I could see some of that information relying on sensitive sources. “Give it to us, or you don’t get to use that kind of argument.” That might sell even in front of a prosecution-friendly judge. (Which the judge in this case is not.)
P.S. – My overall point is, don’t consider just what’s relevant on guilt-or-innocence issues, but what’s relevant in mitigation and aggravation.
Agreed. My take is that they’re pulling out all the stops to try and keep everyone from finding out precisely how Bergdahl behaved while in captivity, and to hide the consequences of his absence to the maximum extent possible. Best case, they get the misbehavior charge tossed altogether.
I can’t blame them, really. Their job is to defend their client, and my guess is they don’t have much else in the way of legal “ammo”.
Looks like the defense is delaying the inevitable and trying to find some “sekrit document” to prove that their boy is innocent. Hopefully, the prosecution drives home the point about the number of people killed and wounded looking for his stupid ass.
He probably enjoyed being the “fat bottomed boy” while with the Taliban.
Don’t… Don’t mind me, just… fucking furious is all…
Most often in life the simplest explanation is most likely the best alternative. Cases like this? Not so much. Not sure that there is anything too convoluted, too asinine, or too extreme for Bergy boy.
Hondo and Albreich/Alberich (did you change your name or is my rememberer out of phase?) don’t leave much else to be said. Thanks to you both.
It’s “Alberich” (out of these operas) and always was unless I typoed…but if I ever rule my own empire, I guess that will be the Alb-reich! And also, thank you.
You are welcome. Discovering that my rememberer ain’t working quite right comes as no great shock here…
If they need classified information can’t they just get it off of Clintoon’s email server?
Nice!!
😉 So it would seem. Or maybe just ask the Chinese.
Someone needs to give him an ice-pick frontal lobotomy. Doesn’t matter what’s done to him after that, jail time or free.
Let them stretch it out. Lessens the opportunity for Daddy-O to be able to grant a Prez pardon.
Buh-rock can pardon him any time he feels like it. It doesn’t have to be someone convicted at trial, or at court-martial.
Can we get this Burgerdoll or Bergdahl or whatever his mamma named him hauled up on murder charges? Look at the fine Soldiers who died looking for his deserting azz. At least eight good people dead because of one…individual…who deserted. That right there oughta be enough for the noose.
I did some research and came up with the names of the eight Soldiers killed. I’m going to put them here so that all of us can remember them.
2LT Darryn Andrews
SSG Clayton Bowen
SSG Kurt Curtiss
SSG Michael Murphrey
PFC Morris Walker
PFC Matthew Martinek
PFC Justin Casillas
PVT Aaron Fairbairn
Source: http://www.cnn.com/2014/06/01/us/bergdahl-deserter-or-hero/
They won’t go that route. Desertion in the time of war/Misbehavior before the enemy can result in the death sentence already.
It is a given that because soldiers desert or show cowardice those who have to pick up their slack can get killed or wounded.
I have seen this on South Park. Its called the Chewbacca defense.
I’m thinking his defense will continue asking for documents until they ask for some that absolutely can’t be turned over to them. They will then say they can’t properly defend him without those documents. They will attempt to reach some type of deal without a trial that will result in imprisonment for fewer years than he would get at a trial. At trial, he could possibly get many, many years, which I feel he deserves. My opinion …
If they were smart, they would speed the trial and beg obummer for a pardon before he leaves office. The next president may not be as sympathetic. Time is only on their time in the short term, long term the funnel just leads to a meat grinder.
Refresh my memory: Does this turd have a military defense team or civilian counsel?