Judge won’t throw out Bergdahl case over Trump comments

We can always give him back..

I believe because of all the factors in this case must be considered. Based on what "I" know here is "My" opinion. Let me know what you think after you read this. I believe that this is also where a fair jury will end up. My belief on this is because of all factors considered the out come should be to an appropriate balance neither entirely positive nor entirely negative. Here is why!

Score done to keep a tally for purposes of coming to a sound and fair conclusion. + = in favor of Bergdahl, and - = against Bergdahl.
1- No prior history of mental illness before entering the service. +1pt
2- While was believed to be mentally ill or unsound of mind he was not removed from the battle field. Instead the officer in charge and several of the people above him and various others committed various abuses against him. -3pts
3- He complaints were not taken properly and entirely up the chain of command until dealt with properly by his chain of command. +1pt
4- He also did not bring his complaints properly up the chain of command either. (brings us back to he is mentally unsound) -1pt
5- He did misbehave before the enemy in the form of desertion. This was done in the form of jumping chain of command to go to top brass about his problems. (which brings us back to two all the prior points made thus far) -1pt
6- there is the act of desertion.(enough said because this bring to the following points) -1pt
7- his capture in a war-zone he should not have been allowed to remain in in the first place! +1/-1pt
8- while captured the people died trying to rescue him died in two attempts prior to the exchange. Which is one of the many consequences of desertion in the face of the enemy. so there is now further mental and physical problems. -2pts
9- his captors did not treat the already mentally traumatized and mess up Bergdahl very well. +2pts
10- He was promoted twice "I" believe during the time in which he was captured. -2pts
11- He was held captive for five years. +5pts
12- Somehow while MENTALLY UNSTABLE or NOT MENTALLY SOUND, while being mistreated by the enemy whilst captured, and while not being able to do anything about it Bergdahl kept faith in his country and exhibited extraordinary behavior in the face of the enemy in accordance with the military code of conduct. +2pts
13. the total lose of life is -1 minimum if not -1 per person, however every failure in his chain of command that did not help him or accosted him is +1 in his favor. These are not entirely quantifiable, as in both cases we will never know the full number. The reason I am not counting exact numbers for rescues is because arguably the desertion and captured had a bigger effect than the two rescue attempts. However his being captured and desertion arguable his fault and the fault of his chain of command. Him being accosted and not taken care of by his chain of command and peers is a failure that lead to the desertion and capture. The unreasonable price of his return and damage it cost but then again chicken or egg... his commands or his. So I arguably can not award points per person per resource or time spent for his rescue attempts. Nor can I award points per offense of Chain of Command and Peers as we will never know this number.
End tally +1 -3 +1 -1 -1 -1 +1/-1 -2 +2 -2 +5 +2 = 1 in favor of him.

So my end result is he should be free and taken care of but receive no further awards or punishments. And for the proper effectiveness of the US military and safety of all personnel removed from any further Army service and relieved of any further obligation to the Army.(this punishment, award, and for safety of all) This decision weighs heavy on me and I am not a Lawyer, JAG, or Judge in this case.
Let me know what you think. But try to keep it entirely unbiased, fair, and factual... this took me months and hours of research. It also took me a lot of time to keep calm, angry deep breaths because of both sides, research, and reflection. I also had to take a step back and not reflect myself and how I was treated by my direct chain of command.

My story goes here. I was at Electronic Equipment Repairman (ET repair RADARS and other Classified shit) A-school(NAVY term for MOS training) in 06. I got kicked out of class for being too far behind in my classes(I am dyslexic slow reader, writer, horrid at spelling, and did not know how to read until the third grade) and thus sent to the fleet un-designated(MOSless). The Ship I was sent to was the USS PONCE(then LPD-15 now redesignated ASVB-1?). I worked in Deck Department and Thrived there. During my first deployment I stood gun-mount watch(post) and ended up working with the Gunners-mates(GMs: ships Gunners and armorers in charge of ammo storage and issuing of weapons). The GM rating was not available at the time for me to become on of them. I struck Operations Specialist, this means I took a test and passed it. I got promoted and earned an a rate(MOS).
During my time as an OS I had trouble getting qualified and was not respected as an E-4 by my Division. There were too many of us E-4s and E-5s. I came to that job from another where Rank Meant more than as an E-3 in than it did as E-4 where I was. I tried to be a leader, and I strived to be a good one. My chain of command did not support me in this, and thus I had no authority with my rank and was not respected my peers or those I out ranked.
During the 07 deployment I had a few perceived close calls with the Iranians. They swooped at us with a plane and charged us with a patrol board. These both happened while I was either on watch or first to respond to the threat. We were not allowed to defend against this threat even though all my training said I should. This was before promotion to E-4 likewise and transfer off of gun mount watch to the CIC(Combat Information Center). I had family drama before I joined that lead to anxiety problems starting to manifest unknown to me or anyone else at the time. Before my next deployment I started to have financial, romantic, family health, car, phone, and many other forms of trouble. These troubles became full tilt almost and to many around me perceived Post Traumatic Stress type anxiety right before I left for my second deployment.
Do to lack of help, respect, or general know how I was still trying to get qualified to stand watches I was already standing unaccompanied by an actual qualified watch stander on my second deployment. I had really often panic attacks so bad I would worry about everything breakdown & hide while I would cry, shake, shiver, sweat, hyperventilate uncontrollably. I could not eat, sleep, drink, or accomplish any task without severe problems. I started to picture every outcome of the ship getting shot at by the Iranians and us on the ship all dying because were not allowed to protect ourselves. I feared never seeing my family and friends again. Likewise I feared the lose of the Marines and my fellow shipmates on-board. The lose of the Marines and Shipmates being always my first concern and the biggest feared lose. There were so many and we were all close in weird ways even those that mistreated me(I believe this was the few strong friendship and military camaraderie).
Despite all the adversity I managed to not kill myself or anyone else. Likewise I made Second Class Petty Officer(E-5)in two and a half years. At the end of my tour left the ship as the single most qualified Air Detection Tracker and Air Traffic Controller on-board aside from my chief(E-7) and first class(E-6). The First Class and myself left the ship at the same time. I created a study guide and test for those trying to get Air Qualified before I left.
I had no leadership problems on any Temporary Assigned Duty(TAD). People listened, showed respect, and were friendly to me outside my own Rate anywhere else in the NAVY. But my division were ruthless disrespectful ass wipes to me in anyway they could be. There were a few that were nice and few that were respectful. I had to change which watch I was on and who I stood it with as well as Chain Of Command had to step in. I did not ask them to do this and at the time was damaged enough that I did not believe I was worth it.
My Division Officer at the Time LTJG(O-2) Mitch Harris(now plays pro base ball) and My Chief at that time OSC(E-7) Michael Baker intervened. They called me into the Operations Office reamed my ass a new one for not telling them of my Blight. They told me how several people in my division, several outside officer, and outside enlisted reported almost half of my division disrespecting me and my earned rank openly. After that they said in unison without pro-coordinated this shit a head of time,
Div O & Chief Together: "If I ever see that shit or you report that shit to me or (insert opposite person speaking here) I will personally write whom ever it is up!"
Me: "They do not like, respect, or want me here unlike where I was in deck department or with the gunners-mates or any TAD position.
Div O: "Then tell me when they... Well tell Chief or tell me if he is not available, and I will personally Write them up.
Big Ordeal continues... I get reamed and told to sit in this chair at the back of the ops office. Division leaders E-5 and up as well as one E-4 that stands a leadership type watch are all called into the office next. My chief tells them to shut the fuck up. Chief yells: Attention! Parade Rest!
Div O sets them all right with no yelling just talking. he dismisses them and sends us all into the CIC. He then address the entire division no yelling or name dropping of any kind but chief looked scary as shit standing next to him. They were actual both terrifying actually. Cereal moment because chief looked like he wanted to kill us all But Mr. Harris look like he was disgusted with all of us(this was worse).

Bergdahl did not have rank or good leaders intervene on his behalf. He was shunned, mistreated, and unable to bounce back get qualified at a higher job qualification. No one helped him... several time I threatened to cut my Crows(rank insignia) off and get busted down to protect the guys under me from excessive punishment for the most minor infractions. I got bounced off a door and a safe because I refused to take excessive action the one time. I told said leader I already punished whomeverTheFlyingFuckThatWas here is how. Said leader said "OK good get back to work."
I went out of the way and got beat up trying to emulate the best military leadership I had seen to date. I was not harsh but I did fix people when they fucked. The way I was shown to by Old School ass leaders... the kind that took people to the boatswains locker. I got taken there once and took one person there myself. Bergdahl had no leaders like that. He Had no outside help. So he went looking for someone he thought would do something.

Now you know the story I tried to not superimpose on Bergdahl and why! He deserves care as any POW does but nothing and I mean Nothing else. Medals, Pay, Pension, Compensation, Prison, beatings, recognition, or any thing else good bad or in between. medical and mental care that is it! a general discharge!

That had to really give the defense fits. I am guessing SGT Bergdahl's defense team is not getting alot of sleep due to this ruling.