re: Trump's Bergdahl tweet

quote:

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Thanks for your expert thoughts and insights. I have a procedural question. As the convening authority, does LTG Buchanan have to abide by the ruling of the court? Can he reject the ruling and render his own judgement?

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I hate being a JAG, I was an intel guy that believed the hype and thought I needed to go to law school to be successful in life...what a dumbass.

To answer your question though, the CA does have to "take actions on the result of trial" which is covered under Article 60 of the UCMJ. Typically this will only involve a CA invalidating a portion of a sentence, the opposite of the situation we have here.

There was a case in 2010 that said a CA is authorized to modify the findings and sentence of a court-martial as a matter of command prerogative involving the sole discretion of the CA; when taking action on the results of trial, the convening authority may order a rehearing as to some or all offenses of which findings of guilty were entered and the sentence, or as to sentence only.

The thing you have to remember is the politics at play. It would be a HUGE deal if the CA ordered, essentially, a redo. I highly doubt that it would withstand a constitutional challenge as double jeopardy as well, if the sole basis was the sentence was too light.

I am 100% positive that the CA will approve the sentence and this will go away.