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Bergdahl freed. Disgusting.

Sapper Woody

Well-Known Member
I apologize--you are right, mercenary is not the right word. I did eleven years in uniform before the all volunteer force was implemented. Something is different in the discipline and esprit de corp from my point of view-IMHO for sure. Sorry again.

Bro. James
Thank you for your apology. It is appreciated.

Sent from my Pixel using Tapatalk
 

Salty

20,000 Posts Club
Administrator
He can't appeal the conviction. He pled guilty. :)

From the NY Times:
There is still a chance for the military to review and reduce the sentence, but if they choose to uphold it, Sergeant Bergdahl deserves the immediate intervention of civilian-led authorities who have the power to use clemency to grant a less severe discharge. By definition, clemency is an act of mercy. It would not absolve Sergeant Bergdahl of guilt, but both the secretary of the Army and the Army Board for Correction of Military Records have the authority to use it to give him a less severe discharge that preserves the benefits that he needs to heal and to lead a long life.
 

TCassidy

Late-Administator Emeritus
Administrator
Salty, a review board, either military or civilian, can reduce the sentence, but cannot set aside the conviction.
 

Bro. James

Well-Known Member
Site Supporter
James, please take care. The post-WW2 Armed Forces draft was an anomaly. Outside of the ACW and WW1, the American military was an all-volunteer force.
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See: Chronology-conscription-U.S-colonial-era-1999, also: www.appstate.edu/~perritj/draftHis.

There may have been more draft dodgers than minutemen.

Remember the Alamo.

Bro. James
 

carpro

Well-Known Member
Site Supporter
Sure: Colonel Nance described Trump's comments as "mitigating evidence that could lessen punishment".

[ETA looks more like ratio than obiter in that context.


Free legal advice: Obiter dictum - Wikipedia

You're welcome.]

Why didn't you quote the rest of his statement?

"The judge rejected a request that he dismiss the case or cap the length of the sentence on the grounds that the president’s comments had precluded a fair hearing. The judge said he had not been influenced by the remarks and that the public’s confidence in the military justice system had not been undermined."
 

Adonia

Well-Known Member
Site Supporter
Yes, I am disappointed. I thought a 30 year sentence would have been appropriate given the severity of his crimes against his fellow soldiers.
 

Yeshua1

Well-Known Member
Site Supporter
I will admit that I am upset that he is a free man. While I originally called for the death penalty, that was before I learned of his mental illness.

Now, I believe he should have been placed into the custody of a mental institution, not allowed to walk.

Normally, being knocked down to E1 and getting a dishonorable would be a huge punishment. But in his position, he already had that dishonor, and so it was a maintainence of status quo, and not really a punishment.

Sent from my Pixel using Tapatalk
Agree with you, as he really did not receive anything new here, and if he was/is mentally ill, should have been sentenced fir a long stay in a mental hospital to get help!
 

Yeshua1

Well-Known Member
Site Supporter
Was that the same sentence any one else would get for desertion of their post, with fellow soldiers being hurt and killed trying to rescue him back?
 

TCassidy

Late-Administator Emeritus
Administrator
Why didn't you quote the rest of his statement?

"The judge rejected a request that he dismiss the case or cap the length of the sentence on the grounds that the president’s comments had precluded a fair hearing. The judge said he had not been influenced by the remarks and that the public’s confidence in the military justice system had not been undermined."
Uh, that is what obiter dictum means. Nothing binding, just an observation in passing.
 

TCassidy

Late-Administator Emeritus
Administrator
Was that the same sentence any one else would get for desertion of their post, with fellow soldiers being hurt and killed trying to rescue him back?
If they were mentally ill? Probably not. If they were mentally ill they probably would have been declared not-guilty by reason of mental illness or defect.

That is one of the reasons so many people are upset that he was pressured into pleading guilty. If he is mentally ill he may not have been able to form the required mens rea to be found guilty.
 

Yeshua1

Well-Known Member
Site Supporter
If they were mentally ill? Probably not. If they were mentally ill they probably would have been declared not-guilty by reason of mental illness or defect.

That is one of the reasons so many people are upset that he was pressured into pleading guilty. If he is mentally ill he may not have been able to form the required mens rea to be found guilty.
Or maybe he was just someone who took on the mindset that we are bad, and that Isis is good?
 

rsr

<b> 7,000 posts club</b>
Moderator
One factor I've read as to the sentencing is the judge may have considered the time (8 years) spent with the Taliban as time served in the equivalent of a minimum security facility.

Four years in a cage is not minimum security punishment.
 
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