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- #21
Okay, let's clear all of this up. My expertise? I was a Personnel Sergeant and Administrative supervisor with many years working with the UCMJ and the military justice system.
Here is what will happen:
The final report will be submitted to the general officer having courts-martial authority over Bergdahl. He has the sole authority to decide what level of courts-martial, if any, will be conducted.
However, IMHO, with the current level of firings of top officers throughout the military, the general will probably forward the investigation findings up the chain of command to the Pentagon where the JAG will have a team of lawyers go over it with a fine toothed comb. Their purpose will be to decide that, if a courts-martial is conducted, it will not be viable for appeal to otherwise embarrass the administration. And, you can bet it will go to the White House to be vetted.
There is one more scenario: The commanding general can have the juevos to actually decide upon having legal proceedings take place. There are four options depending upon the charges to be brought forward.
Desertion from a place of duty in a combat zone along with treason by conspiring with the enemy - a general courts-martial with the death penalty on the hook.
A special courts-martial with a qualified judge to view the charges and after hearing both sides, handing down a punishment of up to life in prison, reduction in rank, forfeiture of all pay, and dishonorable discharge.
A summary courts-martial with a field grade officer presiding. Lesser charges, lesser punishment, but certainly including reduction in rank, forfeiture of pay, and discharge for other than honorable conditions.
Article 15 by his commanding officer - little more than a slap on the wrist.
It will indeed be interesting to see how this plays out.
Here is what will happen:
The final report will be submitted to the general officer having courts-martial authority over Bergdahl. He has the sole authority to decide what level of courts-martial, if any, will be conducted.
However, IMHO, with the current level of firings of top officers throughout the military, the general will probably forward the investigation findings up the chain of command to the Pentagon where the JAG will have a team of lawyers go over it with a fine toothed comb. Their purpose will be to decide that, if a courts-martial is conducted, it will not be viable for appeal to otherwise embarrass the administration. And, you can bet it will go to the White House to be vetted.
There is one more scenario: The commanding general can have the juevos to actually decide upon having legal proceedings take place. There are four options depending upon the charges to be brought forward.
Desertion from a place of duty in a combat zone along with treason by conspiring with the enemy - a general courts-martial with the death penalty on the hook.
A special courts-martial with a qualified judge to view the charges and after hearing both sides, handing down a punishment of up to life in prison, reduction in rank, forfeiture of all pay, and dishonorable discharge.
A summary courts-martial with a field grade officer presiding. Lesser charges, lesser punishment, but certainly including reduction in rank, forfeiture of pay, and discharge for other than honorable conditions.
Article 15 by his commanding officer - little more than a slap on the wrist.
It will indeed be interesting to see how this plays out.
