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Bergdahl freed. Disgusting.

Discussion in 'News & Current Events' started by carpro, Nov 3, 2017.

  1. Sapper Woody

    Sapper Woody Well-Known Member

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    Thank you for your apology. It is appreciated.

    Sent from my Pixel using Tapatalk
     
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  2. TCassidy

    TCassidy Late-Administator Emeritus
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    He can't appeal the conviction. He pled guilty. :)
     
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  3. Salty

    Salty 20,000 Posts Club
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    From the NY Times:
    There is still a chance for the military to review and reduce the sentence, but if they choose to uphold it, Sergeant Bergdahl deserves the immediate intervention of civilian-led authorities who have the power to use clemency to grant a less severe discharge. By definition, clemency is an act of mercy. It would not absolve Sergeant Bergdahl of guilt, but both the secretary of the Army and the Army Board for Correction of Military Records have the authority to use it to give him a less severe discharge that preserves the benefits that he needs to heal and to lead a long life.
     
  4. Squire Robertsson

    Squire Robertsson Administrator
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    James, please take care. The post-WW2 Armed Forces draft was an anomaly. Outside of the ACW and WW1, the American military was an all-volunteer force.
     
  5. TCassidy

    TCassidy Late-Administator Emeritus
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    Salty, a review board, either military or civilian, can reduce the sentence, but cannot set aside the conviction.
     
  6. Bro. James

    Bro. James Well-Known Member
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    --------------------------------------------------------------------------------------------------------------------

    See: Chronology-conscription-U.S-colonial-era-1999, also: www.appstate.edu/~perritj/draftHis.

    There may have been more draft dodgers than minutemen.

    Remember the Alamo.

    Bro. James
     
  7. Matt Black

    Matt Black Well-Known Member
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    Sure: Colonel Nance described Trump's comments as "mitigating evidence that could lessen punishment".

    [ETA looks more like ratio than obiter in that context.


    Free legal advice: Obiter dictum - Wikipedia

    You're welcome.]
     
    #47 Matt Black, Nov 4, 2017
    Last edited: Nov 4, 2017
  8. carpro

    carpro Well-Known Member
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    Why didn't you quote the rest of his statement?

    "The judge rejected a request that he dismiss the case or cap the length of the sentence on the grounds that the president’s comments had precluded a fair hearing. The judge said he had not been influenced by the remarks and that the public’s confidence in the military justice system had not been undermined."
     
  9. Adonia

    Adonia Well-Known Member
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    Yes, I am disappointed. I thought a 30 year sentence would have been appropriate given the severity of his crimes against his fellow soldiers.
     
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  10. Yeshua1

    Yeshua1 Well-Known Member
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    Agree with you, as he really did not receive anything new here, and if he was/is mentally ill, should have been sentenced fir a long stay in a mental hospital to get help!
     
  11. Yeshua1

    Yeshua1 Well-Known Member
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    Was that the same sentence any one else would get for desertion of their post, with fellow soldiers being hurt and killed trying to rescue him back?
     
  12. TCassidy

    TCassidy Late-Administator Emeritus
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    Uh, that is what obiter dictum means. Nothing binding, just an observation in passing.
     
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  13. TCassidy

    TCassidy Late-Administator Emeritus
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    If they were mentally ill? Probably not. If they were mentally ill they probably would have been declared not-guilty by reason of mental illness or defect.

    That is one of the reasons so many people are upset that he was pressured into pleading guilty. If he is mentally ill he may not have been able to form the required mens rea to be found guilty.
     
  14. Yeshua1

    Yeshua1 Well-Known Member
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    Or maybe he was just someone who took on the mindset that we are bad, and that Isis is good?
     
  15. TCassidy

    TCassidy Late-Administator Emeritus
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    And you think that is sane thinking for an American?
     
  16. Yeshua1

    Yeshua1 Well-Known Member
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    It is for many in the radical liberal left, sad to say!
     
  17. TCassidy

    TCassidy Late-Administator Emeritus
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    Please provide a quote from an American who says we are bad and ISIS is good. Thank you.
     
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  18. carpro

    carpro Well-Known Member
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    Thanks. Some of us are not great legal scholars. Some apparently are.
     
  19. Squire Robertsson

    Squire Robertsson Administrator
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    One factor I've read as to the sentencing is the judge may have considered the time (8 years) spent with the Taliban as time served in the equivalent of a minimum security facility.
     
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  20. rsr

    rsr <b> 7,000 posts club</b>
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    Four years in a cage is not minimum security punishment.
     
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