Charges against Bergdahl referred to trial by court-martial

longknife

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Sep 21, 2012
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Seems the Major General commanding US Forces Commanding is ignoring pressure from higher headquarters and going ahead with the process to try the traitor for desertion and misbehavior before the enemy, accused of abandoning his post before he was captured.

There still needs to be an arraignment hearing at Fort Bragg, NC has not yet been set.

Just what does this mean?

Well, the arraignment is basically like one in a civilian court. He and his defense attorney will appear before a military judge (usually a full Colonel) to plead guilty or not guilty. The judge will then either bind him over for trial without bail meaning he goes into a stockade or he will be allowed to be under House Arrest pending trial.

The arraignment will also determine what level of courts-martial he will receive. There are three types, Summary with a non-legal officer deciding the case, a Special, with an Judge Advocate General officer presiding, or a General Courts-Martial with a senior judge and a panel of "his peers" - in his case probably a Sergeant Major and at least of couple of noncoms of his rank.

His defense attorney may try to plea bargain, but it appears those efforts have failed.

In my experience, this case has gained so much public attention and
Congressional pressure I feel certain it will go to a General Courts-Martial. If a deal is made, it will certainly include a Bad Conduct or Dishonorable Discharge with loss and rank and all pay - and maybe even extended jail time.

My sincere hope is he ends up in the general population at Leavenworth.

An ex-Army Personnel Sergeant
 
From Susan Rice...

Susan Rice: Bergdahl Served With 'Honor and Distinction'

Apparently not.....
How did we end up with a court martial for someone who served with honor and distinction.....
Susan...do you believe anything that comes out of you mouth?

And the big one before this ....
Benghazi was the result of a video...

Is Susan Rice delusional or an Obama brain dead zombie...

One does not exclude the other as possible.
 
An aside: I don't have a link but remember reading somewhere that the current UCMJ was approved by President Truman in 1951 not only to present a clear and uniform rule for maintaining order and discipline in the treatment of personnel in uniform but to remove political and personal pressure from the system.

One has to remember that, at one time, officers bought their commissions and were, in effect, rulers of their units with authority to discipline them as they wished.

Thus, although General Abrams may get heat for this and find his career politically over, there won't be any effective political pressure in the process.
 
Granny says dey don't need a 2nd opinion - he's bona fide goofy...
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Bergdahl Lawyers Want Second Forensic Psychiatrist
Aug 16, 2016 | Lawyers for alleged deserter Sgt. Bowe Bergdahl want to even the playing field by hiring a second forensic psychiatrist, one more comparable to the renowned doctor hired by the government earlier this year as consultant on the soldier's mental capacity at the time of his captivity.
Lawyers for Bergdahl filed a motion last week asking Col. Jeffery Nance, the military judge overseeing Bergdahl's case, to add Charles Morgan III to their team along with military psychiatrist Scott Moran. Government lawyers in January hired renowned civilian psychiatrist Gregory Saathoff, who reviewed case materials on Ariel Castro, the man accused of keeping three women locked in his Cleveland home for a decade. "The fact that the prosecution has retained an independent civilian forensic psychiatrist with extensive experience testifying in high-profile trials, and who has a reputation of as a national leading expert in forensic psychiatry mandates that the defense be provided a similarly qualified expert," according to the defense's motion filed Friday of last week. "The defense will accept a civilian substitute who is comparable to Dr. Saathoff as one of the nation's premier forensic psychiatrists, and with Dr. Morgan's qualifications in combat stress, PTSD and the effects of captivity."

Bergdahl is charged with desertion with intent to shirk important or hazardous duty and misbehavior before the enemy by endangering the safety of a command, unit or place. He was diagnosed with schizotypal personality disorder at the time he walked off post, according to the results of a sanity board evaluation conducted by Col. Christopher Lange at Fort Campbell, Kentucky, last summer. Alerts on Bergdahl's mental health can be traced to February 2006, when the U.S. Coast Guard conducted a medical disposition for him after he suffered a panic attack at boot camp. According to the medical disposition memo released by the defense, Bergdahl suffered adjustment disorder with depression. It was advised that Bergdahl receive stress management counseling and have clearance by a psychiatrist before re-enlisting.

bergdahl-leaves-court-600.jpg

U.S. Army Sgt. Robert Bergdahl leaves the courthouse Tuesday, Dec. 22, 2015, after his arraignment hearing at Fort Bragg, N.C​

The defense made its request for a second forensic psychiatrist to Gen. Robert Abrams, the commander of U.S. Forces Command who referred Bergdahl's case to court-martial, on Aug. 1. Abrams denied the request a few days later. "Dr. Morgan has testified in several high-profile cases and has been published in every major peer-reviewed journal in his field," according to the defense's motion. "He is roughly the equal of the prosecution's appointed expert, Dr. Saathoff." Saathoff was appointed by Abrams on Jan. 11. Saathoff has been authorized to provide 290 hours of consultation, and be paid up to $116,000, according to the defense's motion. In the request to hire Morgan, the defense asked for funding for 90 hours, not to exceed $96,000.

The defense team argued it can't convey any useful information on mental health or psychiatric matters until it understands the issues. "The fact that Sgt. Bergdahl lives every day with the enduring effects of the physical, emotional and mental torment that he endured during five years of captivity presents compelling issues on sentencing that must be understood on a scientific and medical level," according to the defense's motion. The judge could rule on the appointment of a second forensic psychiatrist during a preliminary motions hearing scheduled for Aug. 22 at Fort Bragg. Bergdahl walked off a remote post in Afghanistan in 2009 and was subsequently held by the Taliban for nearly five years. He was released in May 2014 in exchange for prisoners being held at the U.S. military prison at Guantanamo Bay. He has said he walked off his base to catch the attention of military brass. He wanted to warn them about what he believed were serious problems with leadership in his unit.

Bergdahl Lawyers Want Second Forensic Psychiatrist | Military.com
 

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