Saturday, August 27, 2016

Latest on the Bowe Bergdahl case Pt2

By Jim Emerson, staff writer

Army General. Roberts Abrams said Wednesday that there was no outside influence regarding his decision to send accused deserter Sgt. Bowe Bergdahl’s case to a general court-martial.  Bergdahl’s lawyers believed that the general was influenced by comments made by Sen. John McCain and Donald Trump.  Gen. Abrams, head of Army Forces Command at Fort Bragg decided to forward the case to a general court-martial rather than a lower-level tribunal. Bergdahl faces charges of desertion and misbehavior before the enemy, the latter charge carrying up to a life sentence.

Bergdahl, 30, of Hailey, Idaho walked off his post in Afghanistan in 2009 and wound up as a captive of the Taliban and its allies until 2014. The Obama administration won his release by swapping a number of Guantanamo Bay detainees.

Army Col. Jeffery Nance, the military judge overseeing Bergdahl's case, hasn’t ruled on the defense motion to dismiss the case due to comments by Arizona Sen. John McCain. Bergdahl’s lawyers maintain their client will be unable to receive a fair trial because the Senator promised congressional hearing’s if Bengal isn't punished for desertion. General Abrams said that although the comments were "inappropriate," they had not swayed his decision to have Bergdahl face a General Court Martial. The Judge is expected to rule on the defense motion soon.

The Letters
Bergdahl's defense team alleged that Gen. Abrams destroyed evidence by burning about 100 letters he received from the public about the case. The defense demands the General be disqualified and that another commander should decide whether the case warrants a general court-martial. The General was advised that he was not required to keep the letters and per protocol, non-essential papers and correspondence sent are destroyed by burning. He informed the court that letters from the public didn’t influence his decision to try Bergdahl before a general court.

Eugene Fidell, one of Bergdahl's civilian lawyers claimed that the only way “to evaluate the underlying reality is seeing the letters, except we've been disabled from seeing the letters because of his [General Abrams’] unilateral action."  Only in the mind of a shyster lawyer would public opinion be considered evidence. The Army Prosecutors rightly argued that the letters didn't constitute evidence.

Although the trail is scheduled for February 2017 it will likely be delayed because of the volume of classified material that still needs to be reviewed. Col Nance has granted a motion extending the deadline for the Military to turn over classified documents in the case. He also expressed some impatience over the repeated delays.

When all is said and done, it’s likely that Bergdahl--a deserter and traitor-- will be acquitted unless Donald Trump is elected president. That is what passes for justice, even in the United States Military, when the left is in power.

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