{"id":89156,"date":"2019-07-21T15:34:04","date_gmt":"2019-07-21T19:34:04","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=89156"},"modified":"2019-07-21T17:28:40","modified_gmt":"2019-07-21T21:28:40","slug":"the-army-is-considering-overturning-bowe-bergdahls-sentence","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=89156","title":{"rendered":"The Army is considering overturning Bowe Bergdahl\u2019s sentence- UPDATE"},"content":{"rendered":"

\"bergdahl\"<\/span>
\nThe Army’s appeals court is weighing whether to throw out Bowe Bergdahl’s conviction. (Andrew Craft \/The Fayetteville Observer via AP)<\/p>\n

UPDATE:<\/span> Bowe Bergdahl loses unlawful command influence appeal based on Trump tweets<\/strong><\/p>\n

One of our ninjas informs us that Bergdahl and his lawyers have lost the appeal, and plan to take the case to civilian court.<\/p>\n

Army Times<\/a><\/p>\n

The Bowe Bergdahl case was briefly back in court this summer, as attorneys for the former soldier argued that President Donald Trump\u2019s comments about a conviction and prison time amounted to undue command influence and interfered with his right to a fair trial.<\/p>\n

The Army Court of Criminal Appeals convened a three-judge panel to hear the case, and in a 2-1 ruling affirmed Bergdahl\u2019s guilty plea and previous sentence \u2014 a reduction in rank to private, a $10,000 fine and a dishonorable discharge.<\/p>\n

Bergdahl\u2019s attorney told Army Times that the legal team now plans to appeal to the civilian court with jurisdiction over the U.S. armed forces in Washington, D.C.<\/p><\/blockquote>\n

Good luck with that.<\/p>\n

I don’t think Bowe Bergdahl needs an intro here, and I also think we’re all pretty much in agreement he got off very lightly for his desertion. Excuses of undue command influence from Trump pale in the minor fact he was not the Commander-In-Chief, nor was he expected to be, when his comments were made.
\nArmy Times reports:<\/p>\n

By: Meghann Myers
\nThe Bowe Bergdahl<\/a> case went back to court on Thursday, when the Army heard an appeal arguing that President Donald Trump\u2019s comments about a conviction and prison time for the former soldier amounted to undue command influence and interfered with his right to a fair trial.<\/a><\/p>\n

The Army Court of Criminal Appeals<\/a> convened a three-judge panel to hear the case, according to the court docket.<\/p>\n

\u201cThe president has tainted everything,\u201d Eugene Fidell, a Yale Law School lecturer and former Coast Guard judge advocate who represented Bergdahl, told the panel, Military.com reported on Friday.<\/p>\n

Bergdahl, then a sergeant, pleaded guilty to desertion and misbehavior before the enemy in 2017, for deserting his post in 2009 while deployed to Observation Post Mest-Malak in Afghanistan\u2019s Paktika province, with 4th Brigade Combat Team, 25th Infantry Division.<\/p>\n

He was quickly captured by insurgents and held hostage until 2014, when the Obama administration negotiated his return in exchange for five Guantanamo Bay detainees.<\/p>\n

The judge in his case did not sentence him to prison, instead ordering him busted down to private, a fine of $10,000 and a dishonorable discharge.<\/p>\n

Trump weighed in multiple times over the proceedings, tweeting and making public comments that favored his execution.<\/p><\/blockquote>\n

Hat tip to Boomer for the link. Read the rest of the article here: Army Times<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The Army’s appeals court is weighing whether to throw out Bowe Bergdahl’s conviction. (Andrew Craft \/The … The Army is considering overturning Bowe Bergdahl\u2019s sentence- UPDATE<\/span>Read more<\/a><\/p>\n","protected":false},"author":657,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[301,232,185,406,15],"tags":[],"class_list":["post-89156","post","type-post","status-publish","format-standard","hentry","category-afghanistan","category-army-news","category-crime","category-guest-link","category-legal"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/89156","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/657"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=89156"}],"version-history":[{"count":1,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/89156\/revisions"}],"predecessor-version":[{"id":89165,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/89156\/revisions\/89165"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=89156"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=89156"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=89156"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}