Bowe Bergdahl’s lawyers want charges dropped after ‘meddling’ by John McCain

[DonViejo]

Source: Reuters

01 AUG 2016 AT 18:25 ET

The legal team for U.S. Army Sergeant Bowe Bergdahl on Monday asked to have the charges against the former prisoner of war dismissed, arguing comments made by Senate Armed Services Committee Chairman John McCain violated his due process rights.

Defense attorneys argued in a motion filed on Monday that comments made by McCain and the committee’s general counsel, Steve Barney, have unduly influenced his case. The filing quotes McCain as saying last October: “If it comes out that (Bergdahl has no punishment, we’re going to have a hearing in the Senate Armed Services Committee.”

“I am not prejudging, OK, but it is well known that in the searches for Bergdahl, after – we know now – he deserted, there are allegations that some American soldiers were killed or wounded, or at the very least put their lives in danger, searching for what is clearly a deserter,” McCain added.

The statements, among others, defense attorneys argued, undermine the independence of the military proceeding and violate Bergdahl’s rights to due process. The motion said if the charges are not dropped and Bergdahl is convicted, he should at least face no punishment.

-snip-

Read more: http://www.rawstory.com/2016/08/bowe-bergdahls-lawyers-want-charges-dropped-after-meddling-by-john-mccain/

[Motley13]

1. Bowe Bergdahl is a very mxed up young man

but I think 5 years imprisoned by the Taliban s/b enough punishment. Give him some help.

[MADem]

3. I agree. He's guilty AND stupid, AND mentally unwell, and his sentence should be "time served."

We have done this before, shown mercy in the 'fog of war' -- and for people who have done far worse.

BB was a low quality recruit from the get-go--he washed out of the Coast Guard. The Army should not have touched him with that proverbial ten foot pole. If he couldn't handle CG recruit training, he sure as hell couldn't handle deployment to a war zone. He was unable to work/play well with others, or do what junior people have to do--which is take orders.

That said, five years with the Taliban is enough. Mercy is called for.

This guy did horrific crimes and got away with house arrest, in essence--surely we can cut BB some slack:

Calley, 66, was a young Army lieutenant when a court-martial at nearby Fort Benning convicted him of murder in 1971 for killing 22 civilians during the infamous massacre of 500 men, women and children in Vietnam.
Though sentenced to life in prison, Calley ended up serving three years under house arrest after President Richard Nixon later reduced his sentence.
After his release, Calley stayed in Columbus and settled into a job at a jewelry store owned by his father-in-law before he moved to Atlanta a few years ago. He shied away from publicity and routinely turned down journalists' requests for interviews about My Lai.

http://www.nbcnews.com/id/32514139/ns/us_news-military/t/calley-apologizes-role-my-lai-massacre/#.V5_jJrgrKCg

[leftyladyfrommo]

10. I agree with you.

He was punished enough.

And he needs medical help.

[yallerdawg]

2. 5 years with psychotic extremists?

Bergdahl already served his sentence.

We are entering the military injustice phase now.

[The Second Stone]

6. He didn't serve 5 years as Congressman Gowdy's aide

what you taking about?

[Equinox Moon]

4. Bergdahl was a whistle blower. Let him go!

I hope the appeal to drop charges works, but... this is the military and they operate very differently from civilians. It's a different play book. Hard to know how this will play out.

I think Bergdahl will probably spend the rest of his life needing psych support after 5-YEARS. Mercy is called for anyway they can get it.

[vkkv]

5. Interesting..

[keithbvadu2]

7. RWingers like McCain and Palin criticized Obama for not getting him back until BB came back.

Then they whined....... just because they could.

[Scuba]

8. Reminds me of Chelsea Manning being declared guilty (before his trial) by President Obama.

Hard to get a fair shot in a Courts Martial when the Commander in Chief already declared you guilty.

[TipTok]

9. Similar to many of the police brutality cases...

... where they say the Justice Department will be conducting their own investigation and potential prosecutions.

Bergdahl can get mental help from inside prison for the rest of his days.