New Bergdahl Defense plan: Attack President

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New Bergdahl Defense plan:  Attack President

My friend Jonn Lilyea noted this story which comes from Legal Insurrection:

Military deserter Bowe Bergdahl was hoping for a pardon from President Obama which never came. Now that President Trump has taken office, Bergdahl’s lawyers are claiming he can’t be guaranteed a fair trial due to Trump’s prior criticism of him.

They note this from The Hill:

Bergdahl lawyers press for dismissal after Trump inauguration

Lawyers for former prisoner of war and Army Sgt. Bowe Bergdahl made good on their promise to call for his case to be dismissed based on President Trump’s campaign comments against him, filing a motion on Inauguration Day.

Trump’s comments compromise their client’s right to a fair trial, the lawyers argue, releasing a 28-minute video of times the new president has disparaged Bergdahl.

“President Trump has made it impossible for SGT Bergdahl to obtain a fair trial,” his lawyers wrote in the 57-page filing, complete with a screenshot of a Trump tweet about Bergdahl and photos of Trump pantomiming executions at this rallies. “President Trump transformed his rallies into a televised traveling lynch mob. Justice cannot be done and public confidence in military justice cannot be maintained under these circumstances.”

Bergdahl is set to face a court-martial in April on charges of desertion and misbehavior before the enemy after walking away from his post in Afghanistan in 2009.
The video is long and very repetitive, I recommend you only watch about a minute, the remainder is largely the same thing over and over:

This seems a bit absurd to me, and I hope it doesn't work.  Think of what happens if it does in terms of what we would have in ensuing criminal trials like this, you'd have Presidential, orr perhaps other political aspirants who would be afraid to comment on the very issues that are important, because then it would prejudice the case.  So maybe you'd get a trial that was more "just" or something, but it would rob every other citizen of being an informed electorate because the candidates themselves couldn't tell you their opinion on things.

There is such a thing as undue command influence, but remember, when President Trump made these statements, he was simply a private citizen, albeit one running for President.  I'm pretty sure that a military jury, or a judge if he goes for a bench trial, can look at the facts and make a judgement on that, not something said during a political campaign.  

The alternative, that candidates have to remain silent, is just unworkable in a representative Democracy.

Posted in the burner | 6 comments
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Desertion is known as treason. President Trump did not have any thing to do with that.

How DO YOU KNOW that Bergdahl is guilty?? Were YOU there. Do you have some sort of information the rest of us don't? Who tapped you the shoulder and said YOU were incharge?

Take your meds, its ok.

No one said he was guilty.

He will get a fair trial. Just because everyone who has a paid attention knows he walked away from his post in a time of war does not mean he will not get a fair trial. His unlawful (foolish as well) behavior led to the death of fellow soldiers in the search. He will get what he brought upon himself. Many who were there would like to see him found guilty of abandoning his post in war. Thanks to their testimony we did not have to be there to know what happened. The juvenile post of how do you know is not reasoned thinking.

Look, this guy is going to get a lot fairer trial that the men who died looking for him did, since they just got killed with no "due process" whatever. I figure that a lot of you were never around any courts-martial, since most good soldiers really aren't, except maybe as witnesses. Just as in civilian court, the burden of proof will be to PROVE "guilt beyond reasonable doubt". That's a high bar, and if it isn't met, he will either be found guilty of a lesser charge below desertion if there is enough proof for that or acquitted if there isn't. Also, his JAG defense attorney will probably have plenty of help as I'm sure every high-profile left-wing defense attorney in the country will be tripping all over to assist in the defense pro bono. It will probably resemble a less mercenary version of O.J.'s "dream team".

Everything that I have alleged could come out about this individual has eventually proved to come out as exactly what has been found. Leave this poor deluded mentally ill fellow in peace. To hold him as singularly accountable when so many were at fault is neither sensible nor "equal protection under the law." Leave him in peace.

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News from the World of Military and Veterans Issues. Iraq and A-Stan in parenthesis reflects that the author is currently deployed to that theater.