The Bergdahl drama has been like an ever-twisting soap opera of military proportions, and it doesn’t seem to be quite over just yet. While Judge Col. Jeffrey Nance let the traitor off basically scot-free, it appears that there is now a catch. This catch may not be in favor of the American people demanding Bergdahl hang for his treason either. Gen. Robert B. Abrams will be reviewing Bergdahl’s sentencing and he could actually LOWER the punishment!
While it is doubtful that this will happen, it does leave other avenues for over-turning of the sentence entirely open to Bergdahl should he choose to carry appeals all the way up the ladder of military justice. Bergdahl isn’t an ignorant individual by any means, but he sure is making sure that we don’t forget him any time soon.
According to Freedom Daily :
Last week, Judge Col. Jeffrey Nance convicted Sgt. Robert Bowdrie (“Bowe”) Bergdahl’ of two charges of one count of “desertion with intent to shirk important or hazardous duty” and one count of “misbehavior before the enemy by endangering the safety of a command, unit or place.”. For these two charges which Bergdahl could have received up to life in prison. However, Judge Nance gave him:
No jail time for his desertion, be dishonorably discharged from the military, his rank lowered to private (E-1), and pay a fine of $10,000.
Veterans freaked. But the saga isn’t over yet.
The New York Times is reporting Bergdahl’s sentence will be reviewed by Gen. Robert B. Abrams, who convened the court-martial and has the power to lessen the punishment.
According to the Uniform Code of Military Justice (UCMJ):
If the sentence is a dishonorable discharge, bad conduct discharge, dismissal (if you are an officer), confinement for at least a year, or death, your case will automatically be reviewed by a military court of appeal.
In this case, the appellate court is the Army Court of Criminal Appeals. The court has the power to reverse convictions that are either legally or factually insufficient, and to reduce sentences that they deem to be inappropriately severe.
Needless to say, this sentence doesn’t even approach a slap on the wrist, so any reduction will most likely not happen. Unless, that is, Bergdahl’s plan is to have the court overturn the sentence entirely. Based on the trial, that will probably not happen either.
However, because Bergdahl’s sentence contains a dishonorable discharge, he may also appeal his sentence to the Court of Appeals for the Armed Forces.
So there you have it: review by Gen. Robert B. Abrams; automatic appeal to the Military Court of Appeal; and possible review by Court of Appeals for the Armed Forces.
And most of us thought the Bergdahl saga was over. Stay tuned…
Most true-blue Americas wanted to see the traitor hung or sitting in a cell for life after his abandonment caused the loss of life and severe injuries to those who were sent out to search for him, but for whatever reason the Judge saw fit to release him with little more than a “bad boy,” warning.
It is truly a miscarriage of justice in this case, and most of us will wait with baited breath to see what happens in the next episode of the Bergdahl Saga.