Bowe Bergdahl, Sole Afghan POW

[malchior]

They don't care that this administration ignores the laws on the books at their discretion.

Isn't that the point of Executive Orders? The modern day President is all about ignoring laws.

I'd disagree to some extent. EO was more a "policy" document but has expanded to some extent to include interpretations of laws, etc.

Anyway I think the "lawless Obama administration" card is mostly bluster. Bush (and every other President in American history) selectively enforced the law too to some extent. Every administration is going to prioritize different things, etc. knowing that resources are limited and that targeting 100% compliance with law/policy is unrealistic. It is not possible in most small organizations much less the United States government. Plus it is basically impossible to measure and examples are easy to find or twist or tease out of different people's interpretations. In my opinion to make it stick you need to find big examples and quantify them -- compared consistently with past practice. We never ever see that because it is hard to do and it is cheap and easy just to complain. Enough complaining and suddenly there is a pattern of misconduct based solely on the complaining.

[GreenGoo]

Transwarpified from the Random Cantor thread. I spent too much time on the post not to post it somewhere. The nested quotes are from the Random Cantor thread.

Reagan raised taxes, exploded the deficit and supported the Brady Bill.

Let's not forget the illegal immigrant amnesty.

Yeah. A bill. Not lack of executive enforcement of existing laws.

Actually lack of enforcement doesn't do this justice. It's blatant ignoring of laws that you don't agree with or don't care for.

Hey, he was able to pass a bill. The Dems weren't LEFT ENOUGH back then!

Your outrage is disproportionate to the perceived transgressions. Moderates aren't going to vote for your guy until you dial down the crazy. As Isgrim suggested, this is nothing new, nor was it a particularly heinous example of it. Only the rightest of the right could get this outraged that an American soldier was freed from captivity and brought home. Reagan sold guns to the bad guys that the US had an official Arms Embargo on in the *hopes* of freeing hostages. It wasn't even a negotiated done deal!

But yeah, Obama is a criminal. RAGE!

Your perceptions that the country has moved farther left (it has, at least socially) and THAT is why (it's not) you seem so crazy are not completely in line with reality.

I get it, you're not happy with how Obama got an American home. But come on man, cut him some slack. American. Home. Yay. At least the 5 guys released weren't, you know, Hawk and TOW missiles. If you can forgive Reagan for that, surely you can find it in your heart to forgive Obama. He was actually successful and brought someone home, instead of just arming the enemy with US weaponry.

Here's a quote by Weinberger quoting Reagan, in a very similar (not identical of course) situation:

Reagan said that he could answer to charges of illegality but couldn't answer to the charge that 'big strong President Reagan passed up a chance to free the hostages'

If Reagan can think that, surely Obama should get a pass too?

[gbasden]

If Reagan can think that, surely Obama should get a pass too?

What part of "Reagan was a hero and Obama is a socialist Kenyan traitor" don't you understand?

[Isgrimnur]

Army investigation

he U.S. Army said Tuesday it will launch a new review into the circumstances surrounding Sgt. Bowe Bergdahl leaving his post and subsequent capture by the Taliban now that he has been released and can be interviewed.

The new investigation comes amid mounting allegations by fellow soldiers and politicians that Bergdahl deserted his post and the search for him put additional troops at risk.

The review "will include speaking with Sgt. Bergdhal to better learn from him the circumstances of his disappearance and captivity," Army Secretary John McHugh said in a statement.
...
Separately, Gen. Martin Dempsey, the chairman of the Joint Chiefs of Staff, said in a Facebook posting that Army leaders would "not look away from misconduct if it occurred" in connection with the capture of Bergdahl.

The Pentagon has not said how Bergdahl was captured, but a defense official has confirmed he walked off his post without authorization before he was captured. The official, who declined to be identified because he was not authorized to speak about the case, would not provide further details about the day he disappeared.

[Isgrimnur]

Back to duty

Sgt. Bowe Bergdahl has completed the final phase of his reintegration at an Army hospital in Texas and will return to "regular duty," the Army confirmed Monday.
...
"He will now return to regular duty within the command where he can contribute to the mission," an Army statement said. "The Army investigation into the facts and circumstances surrounding the disappearance and capture of Bergdahl is still ongoing."

Bergdahl's new assignment will be "commensurate" with his rank, said Don Manuszewski, a spokesman for the Army in San Antonio. Bergdahl was promoted while in captivity.

His new responsibilities at Fort Sam Houston will involve mainly administrative tasks at the headquarters unit on the post, he said.
...
Last week Sen. Carl Levin, D-Mich., who heads the Armed Services Committee, released letters from each of Joint Chiefs expressing support for Bergdahl's "repatriation."

"Each of these military leaders emphasized a simple principle — America does not leave its troops behind," Levin said in a statement. "The unanimous support of the Joint Chiefs for securing Sgt. Bergdahl's release is a powerful statement on the importance of that commitment. I give great weight to their views, and I believe it's important for the American people to hear them."

[msteelers]

I have not kept up with this story at all. Wasn't he supposed to be charged with desertion?

[Isgrimnur]

He is supposed to be investigated. That would be the post above my previous one.

[dbt1949]

Surely by now his term of enlistment has expired. Why is he put back on active duty?

[Isgrimnur]

He got promoted while he was captured. I'm sure they re-upped him while they were at it.

More seriously, I'm sure he can file the paperwork for separation. If anyone should know about the realities of nothing happening without the proper paperwork, I would imagine that you would.

[Canuck]

He got promoted while he was captured. I'm sure they re-upped him while they were at it.

We called you but you didn't answer so we decided to re-up for you. You're welcome!

[Moliere]

If he survives the investigation there is a fat payday coming.

Army Sgt. Bowe Bergdahl could have a tax-free $350,000 dropped into his bank account if the current investigation into his disappearance from his base in Afghanistan was not desertion, and if he is deemed to have been a prisoner of war for the five years he was held by Islamic militants

[Isgrimnur]

If. He's still entitled to due process per military protocols.

According to military officials familiar with his rehabilitation program, Bergdahl now has a lawyer to represent him.

“He appears unconcerned about the Army’s investigation,” said one official. “The investigation has to get moving, as he’s out of the Army soon. He lawyered up so we had to scale back the de-briefing.”

Bergdahl has yet to be questioned about why he abandoned his post. It is unclear when his military service is due to end.

[Carpet_pissr]

Aaaaaand he's off base again. Jesus that dude is slippery!
http://tiny.cc/6zp1ix

[Rip]

Aaaaaand he's off base again. Jesus that dude is slippery!
http://tiny.cc/6zp1ix

I think we are going to be forced to go on the offensive in Afghanistan, we are running out of Taliban prisoner to pay for him.

[Rip]

Congressional investigators say the Pentagon violated the law when it swapped five Taliban leaders for Army Sgt. Bowe Bergdahl, who was held prisoner in Afghanistan for five years.

The nonpartisan Government Accountability Office says the Defense Department's failure to notify the relevant congressional committees at least 30 days in advance of the exchange broke the law.

The GAO also says the Pentagon's use of funds to conduct the transfer, when no money was available, was a violation of the Antideficiency Act which bars spending by agencies above the amount of money that Congress has obligated.

In May, five senior Taliban were released from Guantanamo Bay, Cuba, in exchange for Bergdahl, who had disappeared in 2009. Under exchange terms, the five Taliban are to remain in Qatar for a year.

http://www.foxnews.com/politics/2014/08 ... hdog-says/

[dbt1949]

"Heads are gonna fly!" quoted from James Wright Foley.

[GreenGoo]

Congressional investigators say the Pentagon violated the law when it swapped five Taliban leaders for Army Sgt. Bowe Bergdahl, who was held prisoner in Afghanistan for five years.

The nonpartisan Government Accountability Office says the Defense Department's failure to notify the relevant congressional committees at least 30 days in advance of the exchange broke the law.

The GAO also says the Pentagon's use of funds to conduct the transfer, when no money was available, was a violation of the Antideficiency Act which bars spending by agencies above the amount of money that Congress has obligated.

In May, five senior Taliban were released from Guantanamo Bay, Cuba, in exchange for Bergdahl, who had disappeared in 2009. Under exchange terms, the five Taliban are to remain in Qatar for a year.

http://www.foxnews.com/politics/2014/08 ... hdog-says/

Ok.

[Isgrimnur]

And I will again call attention to the fact that Obama pretty much stated in the signing statement that created that 30-day rule that he considered stuff like that to be a violation of the separation of powers.
...
If Congress is so concerned about the violation, where's the lawsuit to let the courts rule on the issue?

[Isgrimnur]

CNN

Army Sgt. Bowe Bergdahl will be charged with desertion and misbehavior before the enemy, according to Bergdahl's attorney and a Congressional source.

[Isgrimnur]

Sounds like the Taliban are upholding their end:

So far, the Qatar contingent can point to only one achievement of consequence: the swap that freed five senior Guantanamo prisoners last May in exchange for Bowe Bergdahl, a captured American soldier. ... Meanwhile, the Guantanamo Five are in Qatar, at Washington’s behest. Under the terms of their release, they’re barred from leaving the country until a year has passed. Not that they have anyplace else to go; neither Pakistan nor Afghanistan wants them, fearing they will return to the battlefield.

The emir has every reason to keep them as comfortable as possible. By accepting custody of the former Guantanamo inmates, he solved a sticky problem for the Americans and earned valuable diplomatic points in Washington. At the same time, he wants Islamists in Qatar and the rest of the Arab world to see him as sympathetic to the Taliban. Accordingly, the Guantanamo Five are also getting the royal treatment. In fact, to help them feel less homesick, each one has been allowed to bring in five other Taliban families for assistance and companionship. As of a few weeks ago, there were said to be 35 Taliban households linked to the former prisoners in and around Doha, with more expected to arrive soon.

Despite such enviable accommodations, not all of the former Guantanamo inmates seem happy. Reports are circulating among senior Taliban commanders that at least two of them are eager to leave Qatar and return to the war zone. The reunion could get ugly. One of the reputed malcontents, Mullah Fazl Akhund, was head of the Taliban regime’s army until his capture during the 2001 U.S.-led invasion. Senior Taliban members say he’s convinced he should lead the insurgency. He regards Mullah Akhtar Muhammad Mansour, the current chief of the group’s ruling council, as a usurper. One senior commander says members of Mansour’s circle, trying to head off a power struggle, have warned Western intelligence that Fazl is likely to join ISIS if he’s allowed to leave Qatar.

[Isgrimnur]

Travel ban may exceed a year:

That travel ban on the men was set to expire Sunday, prompting fears among some in the United States that the men might slip away and reappear on the battlefield.

But there appeared to be little likelihood that the former Taliban insurgents would be traveling soon as American officials pressed for an extension of the ban and no countries appeared eager to let them in.

A senior United States official confirmed Sunday that negotiations were underway with Qatari officials that could possibly lead to a six-month extension of the travel ban. Late Sunday, Qatar “agreed to maintain the current restrictive conditions” on the five men while discussions continued, a State Department official in Washington said on the condition of anonymity.

[Drazzil]

But...but...it's Obama! The antichrist! Everything he does is evil socialism adopted from his Kenyan homeland!

Intellectually bankrupt and lunch room response. Congrats.

I really like you msduncan, but I notice that a lot of your responses seem to be Fox News talking points.

[GreenGoo]

Travel ban may exceed a year:

I guess that's a positive.

[Isgrimnur]

If they stick around long enough, maybe they can be honored guests at the World Cup.

[Isgrimnur]

Wrong place, wrong time

Bergdahl, who’s awaiting trial in his desertion case, was caught by authorities at a notorious marijuana farm in Mendocino, California. Fox News reported that, according to Army spokeswoman Cynthia O. Smith:

“U.S. Army North was contacted by the Mendocino County Sheriff’s office on July 21 regarding an incident within their jurisdiction in which SGT Bowe Bergdahl was present.”

However, Bergdahl was on authorized leave, as he has yet to actually be convicted of any desertion charges.

In addition, authorities determined that Sgt. Bergdahl was not directly connected to marijuana growers who were the subject of the warrant being served. As Smith relayed to Fox:

“[Sgt. Bergdahl] was not arrested and has returned to his duty station at Fort Sam Houston He has not been charged with any crime involving his time on leave.”

I imagine that a drug test is in his immediate future.

[Isgrimnur]

Reuters

The U.S. military officer who headed a hearing in the case of accused deserter Army Sergeant Bowe Bergdahl recommended that the man held captive by the Taliban in Afghanistan should not be sent to a military prison, Bergdahl's lawyers said.

In a memorandum issued on Friday, Lieutenant Colonel Mark Visger, the presiding officer at the so-called Article 32 hearing last month in San Antonio, recommended "non-judicial punishment" for Bergdahl, the lawyers said.

[LawBeefaroni]

A top Army commander on Monday ordered that Sgt. Bowe Bergdahl face a court-martial on charges of desertion and endangering troops stemming from his decision to leave his outpost in 2009, prompting a huge manhunt in the wilds of eastern Afghanistan and landing him in nearly five years of harsh Taliban captivity.

The decision by Gen. Robert B. Abrams, head of Army Forces Command at Fort Bragg, N.C., means that Sergeant Bergdahl, 29, faces a possible life sentence, a far more serious penalty than had been recommended by the Army’s own investigating officer, who had testified that a jail sentence would be “inappropriate.
...
The defense team, led by Eugene R. Fidell, argued that the worst thing Sergeant Bergdahl had done was go AWOL for one day — since he was captured within hours of leaving, and because General Dahl determined he had intended to hike to another base.

Mr. Fidell, who teaches military justice at Yale Law School, also argued that Sergeant Bergdahl did everything an American serviceman was supposed to do in captivity, trying to escape numerous times despite the harsh treatment the attempts brought him, and never revealing secrets.

He also suggested the Army was partly responsible, because it enlisted Sergeant Bergdahl even though he had washed-out of Coast Guard basic training because of an “adjustment disorder with depression.”

[Isgrimnur]

Arraignment

U.S. Army Sergeant Bowe Bergdahl ... did not enter a plea on Tuesday at his arraignment on charges spurred by his disappearance.
...
A military judge on Tuesday granted Bergdahl permission to defer his plea and a decision on whether a military jury or a judge alone will hear his case.
...
Bergdahl, dressed in uniform, said little, offering "Yes" or "No" answers to the judge's questions or allowing his lawyer to speak on his behalf.

[Isgrimnur]

Pretrial

A military judge called President Donald Trump’s scathing campaign-trail criticism of Army Sgt. Bowe Bergdahl “disturbing” on Monday and questioned whether it would make the public think the soldier can’t get a fair trial for walking off his post in Afghanistan in 2009.

During a pretrial hearing, defense attorneys played part of a video exhibit in which Trump repeatedly says at campaign appearances that Bergdahl is a “traitor” who should be harshly punished. Bergdahl’s lawyers argue the comments violate their client’s due-process rights and that the case should be dismissed.

The judge, Army Col. Jeffery Nance, didn’t immediately rule on the defense request, but called the footage of Trump condemning Bergdahl “disturbing material.” A written decision was expected later.

[El Guapo]

IIRC Trump specifically called for Bergdahl to be shot.

Not really sure whether that merits a dismissal or not, though. I agree that it will definitely create a perception that Bergdahl might not get a fair trial. As long as Trump doesn't directly meddle, though, I do trust the military process to not substantively effect the trial, though.

[Isgrimnur]

CNN

A military judge has ruled against dismissing charges against Army Sgt. Bowe Bergdahl despite his lawyers' claim that President Donald Trump violated their client's due-process rights.
...
But Army Col. Jeffery Nance wrote Friday that while Trump's comments were "troubling," they did not constitute a sufficient due process violation.

"The comments by Mr. Trump that might be considered pretrial publicity are not so pervasive and unfair as to saturate the community and prevent any trier of fact from being impartial," Nance wrote. He added: "Mr. Trump has said nothing about the accused or his case since August 2016. Under these facts, the court cannot find a due process violation sufficient to make amelioration measures futile."

Eugene Fidell, Bergdahl's chief defense lawyer, told CNN on Saturday that his legal team will take the case to the U.S. Army Court of Criminal Appeals on Monday.

"The military judge's decision was wrong," Fidell added. "Extraordinary relief is required to protect Sgt. Bergdahl's rights to protect the integrity of the military justice system."

Since the officers who could help decide the outcome of Bergdahl's case ultimately report to the President, Fidell argued that Trump's statements constituted "unlawful command influence" -- the idea that anyone with the "mantle of command authority" could wrongly take actions that influence decisions about a defendant.

[Isgrimnur]

CNN

US Army Sgt. Bowe Bergdahl pleaded guilty to desertion and misbehavior before the enemy via his attorney Monday.
...
It is not certain when Bergdahl's sentencing hearing will take place. The judge, Army Col. Jeffery R. Nance, said Bergdahl's maximum possible punishment would be life in prison.
...
In 2015, an Army Sanity Board evaluation said Bergdahl had schizotypal personality disorder. That information was included in the hundreds of pages of documents that Bergdahl's defense team released on a website called The Bergdahl Docket.

[Isgrimnur]

Courtesy of Pr0ner:

WaPo

Sgt. Bowe Bergdahl, who in 2009 walked off a U.S. military outpost in eastern Afghanistan and spent the next five years in enemy captivity, was sentenced Friday to a dishonorable discharge from the Army but will avoid prison time.

Bergdahl, 31, pleaded guilty in October to charges of desertion and misbehavior before the enemy and had faced a maximum life sentence. He appeared shaken as the judge, Army Col. Jeffery R. Nance, prepared to read his sentence, clenching his jaw as he’d done duirng other tense moments throughout the proceedings.

It’s unclear how Nance arrived at his decision. The judge promptly left the courtroom after delivering this announcement, making no additional statements. A member of Bergdahl’s defense team wept.
...
Writing Friday on Twitter, Trump called the judge’s decision “a complete disgrace to our Country and to our Military.”
...
As a consequence of his dishonorable discharge, Bergdahl will lose all benefits, including medical care, afforded to military veterans. He will also forfeit $1,000 a month for the next 10 months. His rank will be reduced from sergeant to private.

Gen. Robert Abrams, who convened Bergdahl’s court-martial as commander of Army Forces Command, will review the sentence before it goes to an appellate court, a process that could take months.

[Kraken]

As far as I'm concerned he already served five years of prison time. Piling on more would just be cruel.

[Holman]

Let's not forget that Trump called Bergdahl a "traitor who should have been executed."

[Rip]

As far as I'm concerned he already served five years of prison time. Piling on more would just be cruel.

Not nearly as cruel as the people with lifelong injuries or who died after being ordered to "rescue" him.

[GreenGoo]

As far as I'm concerned he already served five years of prison time. Piling on more would just be cruel.

Not nearly as cruel as the people with lifelong injuries or who died after being ordered to "rescue" him.

Who are you talking about? Is it the military dog named Remco? Or James Hatch, who had serious damage to his leg requiring multiple medical procedures to repair and now has a limp, ending his military career? As far as I can tell, no one died. Some people got dysentery, which can be pretty serious.

Do you think any of the soldiers would have refused to attempt to rescue Bergdahl if they knew the truth and had the option?

What would you consider a reasonable amount of prison time? While it might not matter to some people, he was tortured during his time with the taliban, which seems pretty significant punishment for his stupidity. Presumably they weren't waterboarding him, because it's my understanding that that is not torture.

[Isgrimnur]

The story is that six soldiers died in the search. Other sources indicate the number is inflated:

Three of the six soldiers said to have been killed in the hunt for Taliban prisoner Sgt. Bowe Bergdahl were killed in action by enemy fire on other missions not associated with the search, a solider who served with Bergdahl told TheBlaze.

The soldier said he wants to set the record straight and to let the families of the fallen know their loved ones did not die in vain.

The soldier served with Bergdahl in Afghanistan’s Paktika province. Speaking on condition of anonymity, he said he could no longer keep quiet and abide by an Army gag order placed on the battalion, because he believes the families deserve to know their soldiers were performing other missions unrelated to the search for Bergdahl, who was freed this weekend after five years in captivity in exchange for five Guantanamo Bay detainees.
...
“Bowen and Walker were killed in an IED during election week when we were guarding the polls,” he said. “Murphrey died on a typical reconnaissance mission that was in no way a search for Bergdahl. I think it is a great injustice to say that they sacrificed their lives looking for him.”
...
His claims follow a report by the New York Times this week also casting doubt on the number of soldiers killed searching for Bergdahl.

[Rip]

The death toll isn't over yet, we will have to wait and see how many people the five guys they released to get him kill.

[Isgrimnur]

The death toll isn't over yet, we will have to wait and see how many people the five guys they released to get him kill.

Should we count the deaths due to the butterfly he stepped on in basic as well?