Posted on Jul 26, 2023
Bowe Bergdahl's court-martial conviction voided by U.S. judge
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Interesting...wonder where this is going to end up.
Bowe Bergdahl's court-martial conviction voided by U.S. judge
Posted from reuters.com
UCMJ
Court Martial
Criminal Justice
Posted >1 y ago
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I don't see how that judge even presided at all. For a Court Martial 1st a Court of Military Review would look at a case then the Court of Military Appeals which would have to be on a point of law. The ONLY appeal past that is the US Supreme Court and they are NOT obligated to hear any case they choose not to. Unless a case originated in a civilian Federal Court they Have NO jurisdiction and that judge was way out of line and exceeded His authority.
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SMSgt Lawrence McCarter
SFC Kelly Fuerhoff - Overall that Judge Reggie B. Walton actually has a pretty good record and was appointed by President George Bush. The system under the UCMJ though is very specific for review 1st step Court of Military Review final step in the UCMJ process is the Court of Military appeals. The ONLY appeal available beyond this is the US Supreme court who can choose to hear or not hear the case. Although I would agree political figures especially as Commander in Chief such as President Trump should not have commented on any pending case. If a case didn't originate with a US District Court then they have No Jurisdiction to hear any appeal at all from a Court Martial proceeding within the UCMJ under existing Federal law, only the US Supreme Court has that jurisdiction to hear the case and make any ruling. Only Congress can make laws and so far there is no provision that tallowed Judge Walton to take the action He did and He exceeded His authority.
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