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RE: Bergdahl - 6/12/2014 12:26:48 AM   
DaddySatyr


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quote:

ORIGINAL: TheHeretic

Maybe someone who is up on their dead languages will help me out here. Pro Bono means "for the good." What's the correct Latin for, "for the publicity?"



Glad to be of help, Rich:

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< Message edited by DaddySatyr -- 6/12/2014 12:29:12 AM >


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RE: Bergdahl - 6/12/2014 12:58:47 AM   
truckinslave


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quote:

He'll have a top flight civilian attorney who will have no compunctions


You're right.
And that compunction-less civilian will face a JAG, and a panel, that will not allow irrelevant information into the trial.

_____________________________

1. Islam and sharia are indivisible.
2. Sharia is barbaric, homophobic, violent, and inimical to the most basic Western values (including free speech and freedom of religion). (Yeah, I know: SEE: Irony 101).
ERGO: Islam has no place in America.

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RE: Bergdahl - 6/12/2014 2:00:38 AM   
ThirdWheelWanted


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quote:

ORIGINAL: truckinslave

quote:

He'll have a top flight civilian attorney who will have no compunctions


You're right.
And that compunction-less civilian will face a JAG, and a panel, that will not allow irrelevant information into the trial.


You REALLY might want to read that Washington Post article before arguing this one any more.

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RE: Bergdahl - 6/12/2014 5:45:41 AM   
DomKen


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quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: ThirdWheelWanted

How does someone get discharged from the Coast Guard as unfit for military service, and then wind up in a combat arms unit?



With a waiver, of course. At the rate those are being issued, I'd be willing to bet it was just rubber stamped.

Some large percentage of all recruits right now have a waiver of some sort. That was pointed out in the Rolling Stone article.

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RE: Bergdahl - 6/12/2014 5:52:20 AM   
DomKen


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quote:

ORIGINAL: truckinslave

quote:

He'll have a top flight civilian attorney who will have no compunctions


You're right.
And that compunction-less civilian will face a JAG, and a panel, that will not allow irrelevant information into the trial.

And then any conviction gets tossed on appeal. You do know that court martial convictions can be appealed to the civilian court system, right.

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RE: Bergdahl - 6/12/2014 7:06:48 AM   
thompsonx


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quote:

ORIGINAL: truckinslave

quote:

He'll have a top flight civilian attorney who will have no compunctions


You're right.
And that compunction-less civilian will face a JAG, and a panel, that will not allow irrelevant information into the trial.


Had you actually been in the u.s. military you would know that when one retains a good civilian attourney the chances of winning your case increase exponentially. Why? Because military attourneys are amatures fresh out of law school.

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RE: Bergdahl - 6/12/2014 8:08:06 AM   
BamaD


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quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: ThirdWheelWanted

How does someone get discharged from the Coast Guard as unfit for military service, and then wind up in a combat arms unit?



With a waiver, of course. At the rate those are being issued, I'd be willing to bet it was just rubber stamped.



It is much like when I joined in 73. The recruiters were rushing to see who could get me a waiver even though I had 3rd degree flat feet. (navy and AF
army and marines couldn't get me one.)
He no doubt got someone to sign off on the problems in the coast guard being "fixed".

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RE: Bergdahl - 6/12/2014 8:49:50 AM   
ThirdWheelWanted


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quote:

ORIGINAL: DomKen

quote:

ORIGINAL: truckinslave

quote:

He'll have a top flight civilian attorney who will have no compunctions


You're right.
And that compunction-less civilian will face a JAG, and a panel, that will not allow irrelevant information into the trial.

And then any conviction gets tossed on appeal. You do know that court martial convictions can be appealed to the civilian court system, right.



Can they? That's something I never knew. I always thought the two systems were completely separate, considering how different the rules are.

< Message edited by ThirdWheelWanted -- 6/12/2014 9:02:07 AM >

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RE: Bergdahl - 6/12/2014 9:07:34 AM   
mnottertail


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No, the UCMJ is actually part of our US Code. Military has (because they are part of our constitution) and they have the right to go to the supreme court and other appellate courts as well.



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RE: Bergdahl - 6/12/2014 12:53:06 PM   
DomKen


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quote:

ORIGINAL: ThirdWheelWanted

quote:

ORIGINAL: DomKen

quote:

ORIGINAL: truckinslave

quote:

He'll have a top flight civilian attorney who will have no compunctions


You're right.
And that compunction-less civilian will face a JAG, and a panel, that will not allow irrelevant information into the trial.

And then any conviction gets tossed on appeal. You do know that court martial convictions can be appealed to the civilian court system, right.



Can they? That's something I never knew. I always thought the two systems were completely separate, considering how different the rules are.

Yes. There is a level of military appeal, I forget what it is called and then you go into the federal appellate system just like anyone else.

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RE: Bergdahl - 6/12/2014 2:03:31 PM   
mnottertail


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http://www.armfor.uscourts.gov/newcaaf/home.htm

It has a rather innocuous name. And is subject to and reviewed by the SCOTUS

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RE: Bergdahl - 6/12/2014 3:37:51 PM   
truckinslave


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The relevant part of the WP article, to me, deals with his (lack of) state of mind. There is, it seems to me, potential grist there for the attorneys to mill.

That's as opposed to the RS article, the relevance of which I do not see.

_____________________________

1. Islam and sharia are indivisible.
2. Sharia is barbaric, homophobic, violent, and inimical to the most basic Western values (including free speech and freedom of religion). (Yeah, I know: SEE: Irony 101).
ERGO: Islam has no place in America.

(in reply to ThirdWheelWanted)
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RE: Bergdahl - 6/12/2014 3:44:27 PM   
truckinslave


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quote:

Yes. There is a level of military appeal, I forget what it is called and then you go into the federal appellate system just like anyone else.


Granted I was MPI, not CID.... but I've testified at more than a couple court-martials, drunk a bunch of booze with various JAGs, and the only thing I ever heard of was the Army Court of Criminal Appeals, which is not civilian.

Care to cite something?



_____________________________

1. Islam and sharia are indivisible.
2. Sharia is barbaric, homophobic, violent, and inimical to the most basic Western values (including free speech and freedom of religion). (Yeah, I know: SEE: Irony 101).
ERGO: Islam has no place in America.

(in reply to DomKen)
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RE: Bergdahl - 6/12/2014 3:59:32 PM   
DomKen


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From: Chicago, IL
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quote:

ORIGINAL: truckinslave

quote:

Yes. There is a level of military appeal, I forget what it is called and then you go into the federal appellate system just like anyone else.


Granted I was MPI, not CID.... but I've testified at more than a couple court-martials, drunk a bunch of booze with various JAGs, and the only thing I ever heard of was the Army Court of Criminal Appeals, which is not civilian.

Care to cite something?



http://www.armfor.uscourts.gov/newcaaf/about.htm

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RE: Bergdahl - 6/12/2014 4:34:10 PM   
truckinslave


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Thank you.
There is in fact a five-judge civilian court of appeal.
Which adjudicates from the UCMJ..... and from standard evidentiary rules for military court-martials, etc.

_____________________________

1. Islam and sharia are indivisible.
2. Sharia is barbaric, homophobic, violent, and inimical to the most basic Western values (including free speech and freedom of religion). (Yeah, I know: SEE: Irony 101).
ERGO: Islam has no place in America.

(in reply to DomKen)
Profile   Post #: 495
RE: Bergdahl - 6/12/2014 7:58:17 PM   
thompsonx


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Joined: 10/1/2006
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ORIGINAL: truckinslave


Granted I was MPI, not CID.... but I've testified at more than a couple court-martials, drunk a bunch of booze with various JAGs, and the only thing I ever heard of was the Army Court of Criminal Appeals, which is not civilian.

Having been in the military might have been helpful to you.




< Message edited by thompsonx -- 6/12/2014 7:59:31 PM >

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RE: Bergdahl - 6/13/2014 12:32:34 AM   
MaggiesFarm


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quote:

decades of strategy requiring that we not negotiate with terrorists

Giggle
And which decades were those?

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RE: Bergdahl - 6/13/2014 2:26:53 AM   
blacksword404


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quote:

ORIGINAL: MaggiesFarm

quote:

decades of strategy requiring that we not negotiate with terrorists

Giggle
And which decades were those?


Up to your old tricks again huh [Removed former members name]? Don't claim mental illness this time.

< Message edited by Moderator3 -- 6/14/2014 4:49:42 PM >


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RE: Bergdahl - 6/14/2014 3:04:30 PM   
angelikaJ


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FR
2 reports that seem to clarify that Bergdahl was not the willing enemy collaborator some paint him as:


"Although there had been reports that Sergeant Bergdahl had been held in solitary confinement in a small, dark box as punishment for trying to escape, new details emerged yesterday. According to senior military sources familiar with Bergdahl's reintegration, the sergeant was held in a box for more than 24 months without any direct contact with another human being. He spoke to his captors through a metal wall, and his head was covered with a black hood whenever he was removed. His poor condition confirms his story according to the anonymous military sources who briefed Fox News. That means his rehabilitation could take a long time."
http://www.npr.org/2014/06/14/321953002/after-isolation-bergdahl-lilkely-faces-a-long-recovery
http://www.onthemedia.org/story/prisoner-dilemma/

All which serves as a good reminder that if anything can be used by either side to further a political agenda, it will be.

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RE: Bergdahl - 6/14/2014 3:38:58 PM   
truckinslave


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If those reports are true I have a great deal of sympathy for him.

Regardless of how the enemy treated him though, the question that must be answered is: Why/how did he leave his post?

If he deserted, and was sufficiently sane to be held accountable for his actions when he did so I just cant give a fuck about his rehabilitation; and neither should anyone else.

_____________________________

1. Islam and sharia are indivisible.
2. Sharia is barbaric, homophobic, violent, and inimical to the most basic Western values (including free speech and freedom of religion). (Yeah, I know: SEE: Irony 101).
ERGO: Islam has no place in America.

(in reply to angelikaJ)
Profile   Post #: 500
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