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Posted: 8/21/2017 10:33:03 AM EDT
Bergdahl chooses to have trial heard by judge and not jury

https://www.apnews.com/1a6eef1f6f8e4dd08e1c073e03deb372
Link Posted: 8/21/2017 10:33:33 AM EDT
[#1]
Hang the bastard.
Link Posted: 8/21/2017 10:33:38 AM EDT
[#2]
Deliberations will be greatly reduced now without having to argue over pizza toppings.

Kharn
Link Posted: 8/21/2017 10:33:49 AM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Hang the bastard.
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FPNI
Link Posted: 8/21/2017 10:34:27 AM EDT
[#4]
Link Posted: 8/21/2017 10:35:17 AM EDT
[#5]
Something is up...
Link Posted: 8/21/2017 10:35:29 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Firing squad? Can they still do that in the military?
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Needle, IIRC.

Kharn
Link Posted: 8/21/2017 10:35:42 AM EDT
[#7]
I question if this was even true....

I mean the government and MSM would NEVER make up stories.
Link Posted: 8/21/2017 10:35:51 AM EDT
[#8]
He must think he has a strong case to go this route.....
Link Posted: 8/21/2017 10:36:53 AM EDT
[#9]
FPNI
Link Posted: 8/21/2017 10:37:20 AM EDT
[#10]
So will they ensure that he has a friendly military judge hearing his case? Can't taint that obama legacy.
Link Posted: 8/21/2017 10:37:32 AM EDT
[#11]
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Quoted:
Firing squad? Can they still do that in the military?
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Needle seems to be the only option currently.
Link Posted: 8/21/2017 10:39:42 AM EDT
[#12]
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Quoted:
Something is up...
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Agreed.

Deal making & judge shopping is a thing in .mil?

ETA - another cowardly act by a coward that was brain washed by liberal extremists BEFORE he ever went to Afghanistan. 
Link Posted: 8/21/2017 10:40:37 AM EDT
[#13]
I lean toward sky diving with the Golden Knights, with out a chute.
Link Posted: 8/21/2017 10:43:33 AM EDT
[#14]
I once heard that if you are guilty, get a judge.  If you are innocent, go for the jury.
Link Posted: 8/21/2017 10:43:51 AM EDT
[#15]
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Quoted:
I lean toward sky diving with the Golden Knights, with out a chute.
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I want to see the Golden splat
Link Posted: 8/21/2017 10:46:00 AM EDT
[#16]
Actually it's a smart decision
Link Posted: 8/21/2017 10:46:19 AM EDT
[#17]
I'm sure Top Secret and pgaplayerless think he's a hero
Link Posted: 8/21/2017 10:47:28 AM EDT
[#18]
Put him on the mortar range Kim style.
Link Posted: 8/21/2017 10:48:38 AM EDT
[#19]
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Quoted:
I'm sure Top Secret and pgaplayerless think he's a hero
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Birds of a feather..........and all that.
Link Posted: 8/21/2017 10:49:33 AM EDT
[#20]
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Quoted:
Actually it's a smart decision
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Kinda what I thought as soon as I read the title.
Link Posted: 8/21/2017 10:52:46 AM EDT
[#21]
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Quoted:
Kinda what I thought as soon as I read the title.
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ARF lawyers have told me that
"If the law is on your side---bench trial"
"If emotion/public sentiment is on your side--jury trial"
Link Posted: 8/21/2017 10:56:40 AM EDT
[#22]
I volunteer to be his judge. I'd listen to every word he says, right up until his execution.
Link Posted: 8/21/2017 10:57:09 AM EDT
[#23]
Lets see who the judge is.  That will figure this one out very quickly.
Link Posted: 8/21/2017 10:59:45 AM EDT
[#24]
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Quoted:
Lets see who the judge is.  That will figure this one out very quickly.
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In a fair system, you would have to
Decide jury vs bench BEFORE knowing who the judge would be .
Link Posted: 8/21/2017 11:00:12 AM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I once heard that if you are guilty, get a judge.  If you are innocent, go for the jury.
View Quote
easier to convenience 1 than 87, or whatever
Link Posted: 8/21/2017 11:00:12 AM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


ARF lawyers have told me that
"If the law is on your side---bench trial"
"If emotion/public sentiment is on your side--jury trial"
View Quote
True. The exact opposite is also true.

In this case, if you've pissed off the possible jury, go for a judge.
Link Posted: 8/21/2017 11:03:26 AM EDT
[#27]
Fuck him, and not like the penetration kind.
Link Posted: 8/21/2017 11:06:41 AM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


True. The exact opposite is also true.

In this case, if you've pissed off the possible jury, go for a judge.
View Quote


Is your judge a SJW Obama fan?  If so, take the judge.

A military trial is one where you are guaranteed the jury will be made up of people somewhat knowledgeable of the law and with a vested interest in seeing a shitty soldier punished.

If I am guilty, I'd take a judge only trial in the military.  because a jury of my peers would fuck me over.
Link Posted: 8/21/2017 11:15:03 AM EDT
[#29]
Smart move.  Some funky technicality or arcane legal interpretation is the only thing that's gonna get him an acquittal, and judges understand that shit much better than juries.

That being said, I hope they hang the fucker.
Link Posted: 8/21/2017 11:17:15 AM EDT
[#30]
C'mon guys, quit using harsh words about him in your comments.

We are talking about a SPECIAL SNOWFLAKE® here.

He has FEELINGS!

Link Posted: 8/21/2017 11:17:33 AM EDT
[#31]
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Quoted:
He must think he has a strong case to go this route.....
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Or hoping for a liberal judge.

This may prove to be a VERY smart move or a VERY stupid move.
Link Posted: 8/21/2017 11:19:18 AM EDT
[#32]
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Quoted:
Fuck him, and not like the penetration kind.
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I would be okay with him being fucked with penetration.

Maybe like 7.62x51mm penetration.
Link Posted: 8/21/2017 11:22:49 AM EDT
[#33]
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Quoted:
Put him on the mortar range Kim style.
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thought he used an anti aircraft gun
Link Posted: 8/21/2017 11:29:10 AM EDT
[#34]
Easier to assert undo command influence on appeal with a .mil judge trial vs. a .mil jury trial?
Link Posted: 8/21/2017 11:32:09 AM EDT
[#35]
It is the smart move in the military if:

(1) you are afraid a jury will decide based on emotions or based on "well, he seems innocent, but we gotta make an example out of him, plus I don't want to get dinged on my OER/NCOER if I'm on the jury that let him off or gave him little punishment." Seen that happen.

(2) you are making a technical legal argument for not-guilty that a judge will understand but a jury of non-lawyers won't immediately grasp.  "I don't understand this legal gobbeldey-gook, nor do do I wish to.  He's accused of ___, that's good enough for me."  Seen THAT happen too.
Link Posted: 8/21/2017 11:33:16 AM EDT
[#36]
Summary Court-Martial

A summary court-martial consists of one commissioned officer, and may try only enlisted personnel for noncapital offenses. The punishment which may be imposed depends on the grade of the accused.

For enlisted members above E-4, a summary court-martial may impose any punishment not forbidden by the law except death, dismissal , dishonorable or bad conduct discharge, confinement for more than 1 month, hard labor without confinement for more than 45 days, restriction to specified limits for more than 2 months, or forfeiture of more than two-thirds of 1 month's pay.

In the case of all other enlisted members, the court-martial may also impose confinement for not more than one month and may reduce the accused to the lowest pay grade, E-1.

The accused has the absolute right to refuse trial by summary court-martial. The accused does not have the right to representation by an attorney. The accused does have the right to cross-examine witnesses, to call witnesses and produce evidence, and to testify or remain silent.
Special Court-Martial

A special court-martial consists of not less than three members and a military judge, or an accused may be tried by military judge alone on their request.

A special court-martial is often characterized as a misdemeanor court, and may try all persons subject to the UCMJ, including enlisted members, officers and midshipmen.

A special court-martial may impose any punishment authorized under R.C.M.1003 except death, dishonorable discharge, dismissal, confinement for more than 1 year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than 1 year. .
General Court-Martial

A general court-martial consists of not less than five members and a military judge, or an accused may be tried by military judge alone upon request of the accused.

A general court-martial is often characterized as a felony court, and may try all persons subject to the UCMJ, including enlisted members, officers, and midshipmen.
Link Posted: 8/21/2017 11:36:53 AM EDT
[#37]
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Quoted:
Easier to assert undo command influence on appeal with a .mil judge trial vs. a .mil jury trial?
View Quote
Easier to avoid UCI in the first place with a .mil judge than a .mil jury.   Military judges in the Army are generally very good at their jobs and know to avoid creating issues for appeal.  Unless the judge is known to be a total government hack, of course.
Link Posted: 8/21/2017 2:08:38 PM EDT
[#38]
He needs to pay back 5 million as well
Link Posted: 8/21/2017 2:10:16 PM EDT
[#39]
Easier to control one man than a
Jury full.

Fix is in and he has been assured safety.
Link Posted: 8/21/2017 2:12:53 PM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Something is up...
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The fucker knows that he is whale shit in the eyes of his peers.  I would imagine his counsel advised him to take this option.
Link Posted: 8/21/2017 2:22:57 PM EDT
[#41]
Why would he be getting a jury trial, he's subject to the UCMJ, is he not? What part of that involves a jury?
Link Posted: 8/21/2017 2:29:16 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Why would he be getting a jury trial, he's subject to the UCMJ, is he not? What part of that involves a jury?
View Quote
Under the UCMJ, a court-martial has a jury of officers, called a "panel."  Mixed officers and enlisted if the defendant, or in military parlance "the accused," is enlisted and requests it.  Or the accused can request military judge alone.
Link Posted: 8/21/2017 2:29:17 PM EDT
[#43]
When does he get his taxpayer funded sex change and get celebrated as a hero?
Link Posted: 8/21/2017 2:33:41 PM EDT
[#44]
I'm sure his father will testify in Arabic in his defense.
Link Posted: 8/21/2017 3:49:36 PM EDT
[#45]
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Quoted:
Why would he be getting a jury trial, he's subject to the UCMJ, is he not? What part of that involves a jury?
View Quote
Damn dude, didn't you watch A Few Good Men?
Link Posted: 8/21/2017 3:58:52 PM EDT
[#46]
You guys should listen to the Serial podcast about his case. It's not as clear-cut as you think. It sounds like he should never have been in the military to begin with due to mental and behavioral issues, but it really doesn't sound like he's a traitor or Taliban sympathizer.

At any rate he was held and tortured by the enemy for 5 years. Further punishment seems pointless.
Link Posted: 8/21/2017 4:01:04 PM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You guys should listen to the Serial podcast about his case. It's not as clear-cut as you think. It sounds like he should never have been in the military to begin with due to mental and behavioral issues, but it really doesn't sound like he's a traitor or Taliban sympathizer.

At any rate he was held and tortured by the enemy for 5 years. Further punishment seems pointless.
View Quote
I will wait to see what evidence is submitted on the record at his court-martial.
Link Posted: 8/21/2017 4:04:46 PM EDT
[#48]
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Quoted:
Damn dude, didn't you watch A Few Good Men?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Why would he be getting a jury trial, he's subject to the UCMJ, is he not? What part of that involves a jury?
Damn dude, didn't you watch A Few Good Men?
I guess there is a perception that the military runs things like the Romans?

The UCMJ covers many things and does have legal recourse, though it is all packaged for military expediency to a degree.

Part of the "dictatorship in defense of democracy" experience.
Link Posted: 8/21/2017 4:05:20 PM EDT
[#49]
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Quoted:
So will they ensure that he has a friendly military judge hearing his case? Can't taint that obama legacy.
View Quote
Bingo
Link Posted: 8/21/2017 4:06:13 PM EDT
[#50]
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Quoted:
I will wait to see what evidence is submitted on the record at his court-martial.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
You guys should listen to the Serial podcast about his case. It's not as clear-cut as you think. It sounds like he should never have been in the military to begin with due to mental and behavioral issues, but it really doesn't sound like he's a traitor or Taliban sympathizer.

At any rate he was held and tortured by the enemy for 5 years. Further punishment seems pointless.
I will wait to see what evidence is submitted on the record at his court-martial.
So long as he doesn't try to ride this horse into politics...
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