Robert "Bo" Bergdahl

[RickD427]

As most of us know, "Bo" Bergdahl deserted his Army post in Afghanistan and was subsequently captured by the Taliban. He was returned to the U.S. following a prisoner exchange and was convicted by a Court Martial of desertion. His sentence included a Dishonorable Discharge and reduction in grade to E-1.

Following the Court Martial conviction, he filed a collateral action in Federal District Court seeking to overturn his Court Martial conviction. He prevailed in that action and his "clean record" was restored.

The government appealed and just yesterday, the Circuit Court of Appeals for the D.C. Circuit overturned the District Court with the net effect of reinstating the Court Martial conviction. In sum the Circuit Court held that the federal District Courts lack authority to review military court decisions.

Mr. Bergdahl is now back to officially being a "Scumbag".

[jarhead714]

Splendid news!😄👏🏻

[Enzo rules]

Not to argue with you, but Bergdahl will always be scumbag no matter what a Federal District court determines.

[Citadelgrad87]

My opinion of him isnt dependent on whether the DD is intact. Screw him.

[jarhead714]

Not to argue with you, but Bergdahl will always be scumbag no matter what a Federal District court determines.

RickD and the dude posting above me^ are about the last dudes on Calguns I’d argue with.😂

[AreWeNotMen?]

See bolded part (c) below - why wasn't he executed?

UCMJ §885. Art. 85. Desertion

(a) Any member of the armed forces who-

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.

[RickD427]

See bolded part (c) below - why wasn't he executed?

UCMJ §885. Art. 85. Desertion

(a) Any member of the armed forces who-

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.

There are at least two reasons that he was not subject to execution:

1) The Courts Martial did not see fit to impose such a punishment. When you read all of the penal specification of Article 85, it provides that punishment shall be as the court-martial directs.

2) The punishment of death may only be awarded during time of war. The Constitution provides that only Congress may declare that a state of war exists and Congress has not done so since 1942. I'm sure that the events in Afghanistan probably looked a lot like war to those participating. But it was never declared as such.