re: Trump's Bergdahl tweet

As an initial matter I am extremely disappointed in the decision.

As a JAG I can understand where the MJ was coming from though. The DD is a severe punishment in itself. It destroys your future and forever brands you, it also strips away 100% of any benefit you would ever enjoy as a result of your service.

With that said, there used to be a time in America where that mattered, now half of the country embraces those like Bradley Manning as heroes. Mark my words, the left will embrace this traitor and lift him up, just wait, you have not seen the last of this nightmare. This is why the punishment today was unacceptable. It does nothing to put a price tag on this type of betrayal. Trump is 100% correct, this is unacceptable and I hope the judge realizes he gave himself a life sentence of regret as well. Especially once ole Bowe starts to get tuned up and lets us know how he really feels...which he will do as soon as his clemency and appellate review are complete in a few months.

Double post.

Well i think one thing that is lost on Benedictdahl is that not only does he have a lot of casualties tallied up trying to locate his sorry arse but also any one else killed directly or indirectly from these 5 terrorist scum Obama released for him should count into the mix as well.

Ya know, I gotta just reiterate how fricking stupid Obama was in this deal...in the Iran deal...Benghazi...Fast and Furious...the sewer of unacceptable bs he let flow through his tenure is staggering yet his butt boy shill cult following to this day will hop on here and defend him. Nauseating and infuriating.

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The 31-year-old soldier from Hailey, Idaho, was brought home by President Barack Obama in 2014 in a swap for five Taliban prisoners at Guantanamo Bay. Obama said at the time that the U.S. does not leave its service members on the battlefield.

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And bullshite.

America has left behind service members tons of times...Vietnam, Korea???? Ring a bell.

Obama loved this guy because he rejected his US duty and ran into the arms of Muslims.

If this guy had left his post to go kill Muslims, he ain't coming home.

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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.

Thanks brother!