Can the POTUS recent comments on Bergdahl inadvertently set him free?

2017-10-25T08:45:53-04:00

Response by SGT Dave Tracy made Oct 25 at 2017 9:11 AM

2017-10-25T09:11:17-04:00

It may come dangerously close to unlawful command interference--certainly that's what the defense wants to claim--but I doubt it's enough to allow for Birdshit, er, sorry, Bergdahl to walk. I don't know how appeals work under UCMJ, but it may be grounds to file an appeal. Again, will Trump's comments, particularly as a candidate before taking office, be enough to get out of a prison sentence? Eh, I'm skeptical.

Response by CW4 Guy Butler made Oct 25 at 2017 9:17 AM

2017-10-25T09:17:08-04:00

Maybe not free, but a reduced sentence is possible.

Response by Cpl Jeff N. made Oct 25 at 2017 9:39 AM

2017-10-25T09:39:18-04:00

Perhaps one could have argued Trump's comments during the election cycle might have impacted his trial but he pleaded guilty and admits he did what he has been accused of doing. Trump was also a candidate at the time, not the President. He can have an opinion as a private citizen.

The sentencing process has guidelines a judge can follow based upon a number of factors. A judge needn't consider anyone's opinion in sentencing.

Response by SSgt Private RallyPoint Member made Oct 25 at 2017 9:58 AM

2017-10-25T09:58:56-04:00

I do not think that the President's comments will let him walk away from sentencing unscathed. I do think that he should be held as an example but that doesn't mean that I think he should get a life sentence. Personally, I think a BCD or Dishonorable, reduction to E-1, and immediate discharge without jail time is enough. The first two components are to ensure he receives no future benefits due to his actions. The last component is because he did suffer while he was in captivity and allowing him to go will show some compassion but also allow the public to interact with him. Hopefully that will be enough to embarrass him the rest of his life and think about how his actions were not right.

Response by SGT Jim Ramge, MBA made Oct 25 at 2017 10:02 AM

2017-10-25T10:02:41-04:00

The military court will handle him justly, provided the outside influencers remain as such...
Only sway might possibly be is if the 06 is up for 07 and they drop that on the table covertly - but there would be some serious issues if that one came about! Would definitively make an interesting story. Not implying in anyway shape or form, just puts the O6 in a difficult spot - damned if he does, damned if doesn’t. The way our government works at times, it wouldn’t surprise me in the least...

Response by SGT David T. made Oct 25 at 2017 10:24 AM

2017-10-25T10:24:46-04:00

Given my limited understanding about Unlawful Command Influence, I would say it is possible. I was reading an article where it was discussing even the appearance of it is enough to cause the defense to succeed. They cited a few cases. I really wouldn't want to be the judge on this case that is for sure.

Response by CAPT Kevin B. made Oct 25 at 2017 10:40 AM

2017-10-25T10:40:55-04:00

It shouldn't if the judge is correctly following the orders of the Convening Authority. A simpler example would be getting tagged with a JAGMAN. You do due diligence, stick to the facts, and come to supported conclusions. Yes, the higher ups may push for a predetermined outcome, but that's their improper attempt at tampering. You have to live the rest of your life knowing if you were pure, or not. I once did an Admin that concluded with Command management sponsored sexual harassment (first/second tier management0. It was the realization of the fears of the front office. In the grand scheme of things, the best outcome long term is the right outcome. Politics is fickle. The truth isn't. It just is. Justice on the other hand is subjective. There's a bell curve on opinions on which is the right amount. Whatever is selected, there will be a slice of the bell curve that will be pissed.

Response by Capt Private RallyPoint Member made Oct 25 at 2017 10:51 AM

2017-10-25T10:51:10-04:00

Perhaps we should just leave it to the judge.

Response by SMSgt Thor Merich made Oct 25 at 2017 11:16 AM

2017-10-25T11:16:17-04:00

Nope. His guilty plea says it all. The judge is the only person who matters at this point and has 100% control over Bergdahl’s fate.

Response by 1LT John Fleming made Oct 25 at 2017 12:36 PM

2017-10-25T12:36:10-04:00

I hope they turn him loose in my backyard if they do- we have hungry alligators and sharks

Response by SFC Kelly Fuerhoff made Oct 25 at 2017 12:39 PM

2017-10-25T12:39:42-04:00

Probably not but it did open the door. He should keep his mouth shut about things like this. He doesn't have to comment on everything the media asks him about.

Response by SSgt Boyd Herrst made Oct 25 at 2017 1:34 PM

2017-10-25T13:34:25-04:00

Both those senators made comments and that Air Force NCO walked. The senators were not in his chain of command so how
Could that be undue command influence?
But with President Trump’s inadvertent comments even though made while a candidate and then he re-enforced them by saying “ you know what my feelings are” or s’thing to that effect... maybe it could.. I just think that AF NCO’s case should be revisited but I don’t think there’ll be a appeal by prosecution.

Response by PO1 Don Gulizia made Oct 25 at 2017 3:58 PM

2017-10-25T15:58:19-04:00

If so, than Pres. Obama's comments about his "honorable" service would be prejudicial, as well. Plus, he pleaded guilty...so there's that.

Response by LTC Private RallyPoint Member made Oct 25 at 2017 4:26 PM

2017-10-25T16:26:59-04:00

The judge has already stated that he is not influenced by Trump's inappropriate comments ... but that he is concerned with public perception. I'm not sure how it will play out but the possibility that Bergdahl will avoid prison time is very real. I'm pretty sure he'll get everything else the judge can dish up for him though.

Response by LTC Jeff Shearer made Oct 25 at 2017 5:30 PM

2017-10-25T17:30:26-04:00

COL I will be glad when they get to a point where when they show that jackass he will be in stripes and not the uniform of great Americans.

Response by SGT Kenneth Hein made Oct 25 at 2017 6:57 PM

2017-10-25T18:57:48-04:00

He should keep quite as he may get what he deserves.

Response by 1SG Private RallyPoint Member made Oct 26 at 2017 8:35 AM

2017-10-26T08:35:13-04:00

Hurry up and get that worthless piece of s*** out of my uniform. And quit calling this disgrace a damn sergeant

Response by 1SG Private RallyPoint Member made Oct 26 at 2017 10:30 AM

2017-10-26T10:30:23-04:00

This dude pled guilty. He will go to prison.
What President Trump's comments do indicate is that unlike Chelsea Manning, Bergdahl isn't going to get a pardon or clemency.

Response by SSG Edward Tilton made Oct 26 at 2017 2:01 PM

2017-10-26T14:01:04-04:00

His parents appear to have gotten a bad dose in the 80's, send him home