Thursday, 22 June 2017

The Bergdahl Story

I sat and read over the newest Bowe Bergdahl episode.  He's the Army guy awaiting a court-martial after 'walking-away' from his post, and then was held by the friendly Taliban crowd for a long-while, until President Obama's team could make a trade.

The newest wrinkle on the story is that the defense teams wants the judge (military judge, remember) to send a 41-question form to the potential jurors on the episode.  Somewhere in the mix of the 41 questions....asks the jury members who they voted for in the 2016 election.  Naturally, the prosecution jumped in and challenged this with the judge.  The judge said he'd look over the challenge.

The potential jury members?  All Army members.

Typically, with the Uniformed Military Code of Justice.....no one within the military can be compelled to speak or be forced to declare who they voted for.

It's going to be some odd moment in the judge's office as he looks over this.  As far as I know.....no one has ever asked for identification of your past voting trend.....as part of a jury situation.  Once you allow this to occur.....you open up a mess for future court martial episode.

The amusing about this?  You could say literally anything if the judge goes forward....saying you voted for Hillary, Trump or some professional wrestler.  You could also refuse to answer the question and get yourself off the panel.  

The conviction potential?  If I were guessing here...I'd say it's a 95-percent of a conviction.  The question will arise if they go for the lowest number of years or maximum number of years.  The sad thing is that the guy was stupid enough to walk away and get into a prisoner status with the Taliban-crowd, and was a prisoner for a fair amount of time.  I might give him some sympathy for that period, but he's probably getting a minimum of ten years in some military prison in the end (as a minimum).

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