In light of the US military’s withdrawal from Afghanistan, let’s take a look at one of the many stories that stood out during the decades of military operations in the country: the story of Bowe Bergdahl. Robert ‘Bowe’ Bergdahl resigned on June 30, 2009 before being captured by the Taliban and held hostage for five years.
The Taliban released him in exchange for five Taliban members being held at Guantánamo Bay. In October 2017, Bowe pleaded guilty to desertion and misconduct before the enemy. His punishments were: a $10,000 fine, dishonorable discharge, and demotion to the rank of private.
Bowe awaits the verdict of a federal appeal to overturn the court-martial decision that upheld his sentence
Bowe appealed his sentence to the Armed Forces Appeals Court after the lower level of appeal upheld his conviction. Bergdahl based his appeal on the fact that comments by President Donald Trump and the late Sen. John McCain who convicted him influenced his sentencing.
On the campaign trail, Trump had referred to Bowe as “a rotten, dirty traitor.” Senator John McCain had threatened to refer the matter to the Senate if the court did not punish Bowe. “If it turns out that [Bergdahl] There is no punishment, we are going to have a hearing in the Senate Armed Services Committee,” McCain told a reporter.
According to Bowe’s lawyers, the comments by President Trump and Senator McCain amounted to illegal command influence: the military officials handling the case could have interpreted the comments as orders to punish Bowe.
The court dismissed Bowe’s appeal by a close 3-2 decision. Judge Kevin Ohlson found that Bowe’s guilty plea barred Bowe from claiming undue influence. The judge said:
‘Based on appellants’ own words, no impartial observer would conclude that it was comments made by the President of the United States and/or by the Chairman of the Senate Armed Services that caused appellant to plead guilty; rather, it was the strength of the government’s evidence that led it to take that step.”
In early 2021, Bowe and his attorneys filed a lawsuit in federal court in Washington DC, seeking to have Bowe’s conviction vacated. Bowe’s lawyers say President Trump’s comments influenced the sentencing. The presentation says:
“The outrageous meddling in a particular case by leaders of the political powers – one of whom was Commander-in-Chief of the Armed Forces – would never be tolerated if the proceeding had been a criminal proceeding in this or any other federal district court. . and should not be tolerated in a court-martial.”
Bowe also maintains that his court-martialed judge suffered a conflict of interest during the trial. The filing states that Judge Jeffrey Nance considered a promotion to an immigration judge position, which came shortly after Bowe’s sentencing.
Bergdahl’s lawyers say Judge Nance’s desire to secure a promotion may have influenced her decision. Bowe’s chances of success remain slim, as reports indicate that the federal government has urged the federal court to dismiss Bowe’s case.
Bowe went from hero to villain after pleading guilty to desertion and misconduct
Bowe was in a celebrating mood when the Obama administration successfully negotiated his release. Some argued that the price of his release was too high, but nonetheless celebrated that an American soldier had come home.
That high point in Bowe’s story proved temporary. An investigation into his disappearance found that Bowe had deserted his post. Bowe reached his lowest point when he pleaded guilty to desertion and misconduct before the enemy.
Bowe’s statement led to a maximum sentence of life in prison, but the court awarded him a light sentence.
However, the two dissenting judges of the Court of Appeals for the Armed Forces felt that the president’s influence in the case could not be ignored. Judge John E. Sparks opined:
“Never in the history of the modern military justice system has there been a case where the highest level figures, including the Commander in Chief, have publicly tried to demean and smear a specific military defendant. The vilification of Sergeant Bergdahl before, during and after the court-martial was unprecedented, hostile and damaging in the extreme.”
Bowe expects the federal court judge in DC to win the John E. Spark ruling. Bergdahl argues that Trump’s comments violated his Fifth Amendment right to a fair trial and therefore the court should vacate his conviction and sentence.
Categories: Biography
Source: vcmp.edu.vn