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HomeOff Topics News & Politics › Military selects rarely used charge for Bergdahl case
09-08-2015 12:41 AM  34 months agoPost 1
rcmiket

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El Paso,Texas

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http://news.yahoo.com/military-sele...-144326544.html
Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home. He was — but he was also charged with misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.
About time.

Mike

"When Inverted down is up and up is expensive"

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09-08-2015 12:48 AM  34 months agoPost 2
Dennis (RIP)

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I'll bet the Obummer will pardon this a hole.

When and if he does, there will be 100% nothing anybody can do about it.

None, NADA, Zero, Zilch, Zip.

Liberty once lost, is lost forever.

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09-08-2015 01:27 AM  34 months agoPost 3
rcmiket

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El Paso,Texas

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I wonder how the parents of the guys who died looking for the A$$hole would take that?

Mike

"When Inverted down is up and up is expensive"

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09-08-2015 01:59 AM  34 months agoPost 4
wjvail

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Meridian, Mississippi

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Having been to the US Naval Justice School I might comment here.

The articles of the UCMJ (Uniform Code of Military Justice) list elements of a charge. Element of the Artical of Misbehavior Before the Enemy are as listed below in the included link.

It will come down to proving to a Military Court that the listed elements were met.

If he individual charged with this crime meets these criterion, he will very like be found guilty.

Understand the the UCMJ is an alternate justice system. It does not necessarily follow common law. It is approved by Congress and, in general, operates independent of the civil judicial system.

To summarize:
-- There is the Uniform Code of Military Justice (UCMJ)
-- The UCMJ has articles. Chapters, if you will.
-- Article 99 is Misbehavior Before the Enemy.
-- Elements of Article 99 are listed in the included link.
-- Articles of the UCMJ include maximum punishments. The maximum punishment of Article 99 is Death or such other punishment as a court-martial may direct.

Bill

http://usmilitary.about.com/library...fo/mcm/bl99.htm

"Well, Nothing bad can happen now."

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09-08-2015 12:05 PM  34 months agoPost 5
fla heli boy

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cape coral, florida

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Bill,
If I'm correct, Obama can not pardon somebody imprisoned/convicted thru the military system correct???

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09-08-2015 12:22 PM  34 months agoPost 6
rcmiket

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El Paso,Texas

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I'm not a lawyer in real life but I played one on TV the SOB is guilty on all counts.

Mike

"When Inverted down is up and up is expensive"

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09-08-2015 01:24 PM  34 months agoPost 7
fla heli boy

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cape coral, florida

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he should already be taking a dirt nap.

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09-08-2015 04:16 PM  34 months agoPost 8
wjvail

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Meridian, Mississippi

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If I'm correct, Obama can not pardon somebody imprisoned/convicted thru the military system correct???
I don't have personal experience with this. The cases I was responsible for were never contenders for a Presidential pardon.

With that said, the President is in effect the highest ranking person in the military. He is the Commander in Chief. Anyone in the military can trace their chain of command both up and down. Looking up, everyone's chain of command ends at the President. In short, the US military reports to a civilian, democratically elected, government.

A brief amount of research finds this on Wikipedia- "Request for pardon:
As a final measure of appeal, a convicted service member may also petition the President of the United States for a reprieve or pardon under the Constitutional authority granted in Article II, Section 2."

If you're really interested, this is Article II of the constitution. See Section 2... -> https://en.m.wikipedia.org/wiki/Art...idential_powers

So while I have no personal experience with your question, it looks as if the President does have the power to pardon a conviction from Trail by Courts-Martial.

Bill

"Well, Nothing bad can happen now."

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