Tag: Appeal

  • Bergdahl To Appeal Conviction

    Bergdahl To Appeal Conviction

    I’m pretty sure you remember who Bowe Bergdahl is. He’s the scumbag who deserted errr walked away from his post in Afghanistan and was captured by the taliban. He was an honored guest of the fundamentalist islamic group for five years until he was traded for five high ranking taliban leaders in US custody.

    The search for Bergdahl, who was initially believed to have been abducted, cost 6 lives and dozens of injuries to the troops conducting the search.

    Bergdahl was charged with desertion and misbehavior before the enemy and ultimately pled guilty to a single charge of desertion at the court martial. He was reduced in rank to private, ordered to forfeit $10,000 in pay and was dishonorably discharged.

    Well, his attorneys have filed an appeal in federal court. They are claiming undue command influence, that the Judge that heard the case failed to disclose a potential conflict of interest and that his dishonorable discharge is causing undue hardship in getting treatment for injuries sustained while with the taliban.

    From Stars and Stripes:

    Bowe Bergdahl filed the complaint in federal court in Washington, D.C. last month, asking a judge to overturn his court martial conviction. Bergdahl says Trump’s statements and actions by the late U.S. Sen. John McCain and his military judge violated his Fifth Amendment right to a fair trial.

    “The scandalous meddling in a specific case by leaders of the political branches — one of whom was Commander in Chief of the armed forces — would never be tolerated if the proceeding had been a criminal prosecution in this or any other federal district court and should not be tolerated in a court-martial,” Bergdahl’s attorneys wrote in the court filing.

    Unsurprisingly, Stripes takes a sympathetic view of Bergdahl’s desertion and subsequent travails. Its been quite a while since that publication actually reflected the views of the average service member. But I digress. . .

    Bergdahl deserves much more than what he got. And if I’m being honest, he should have been left with the goatf*ckers in Afghanistan.

    The deal that got him sprung still stinks. Not only was it illegal, Barry didn’t get Congressional approval, none of the intelligence agencies thought much of the deal.

  • Flynn Suffers Setback at DC Appeals Court

    Flynn Suffers Setback at DC Appeals Court

    In an 8-2 en banc ruling today, the DC Circuit Court of Appeals struck down Judge Naomi Rao’s writ of mandamus ordering Judge Emmett Sullivan to dismiss charges against Michael Flynn. Read the full ruling below:

    https://twitter.com/Techno_Fog/status/1300469850532384768?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1300469850532384768%7Ctwgr%5E&ref_url=https%3A%2F%2Ftownhall.com%2Ftipsheet%2Fkatiepavlich%2F2020%2F08%2F31%2Fbreaking-general-flynn-suffers-major-setback-in-case-dismissal-n2575378

    In June, the Department of Justice called for the case against Flynn to be dismissed after new evidence surfaced showing the FBI essentially made up a case against him without evidence and after agents argued it should have been closed.

    Then, Flynn’s attorneys and the DOJ appealed to the DC Court of Appeals, seeking mandamus relief after judge Sullivan refused to drop the charges. Mandamus was granted by a three judge panel of the Court. In August, an en banc hearing was granted at Judge Sullivan’s request.



    So what happens from here? The DOJ and Sidney Powell could appeal the case to the Supreme Court, which probably would prefer not to get involved in this case at all. The Supreme Court justices might figure that it will happen more quickly without them than with their intervention. Given that neither Powell nor the DOJ actually sought to have Sullivan disqualified, a point brought up instead by the DC Circuit, the Supreme Court isn’t likely to try a split-the-baby compromise by rejecting the writ but disqualifying Sullivan.

  • Bergdahl Loses Latest Appeal

    Bergdahl Loses Latest Appeal

    Army deserter Beau Bergdahl lost his latest appeal today. In 2007 Bergdahl pled guilty to desertion. He was spared prison time but was dishonorably discharged from the military as a private.

    In 2009, Bergdahl walked away from his post in Afghanistan. He was captured and held by the Taliban for five years. Some of his fellow soldiers were severely injured trying to find him. In 2014, former President Barack Obama brought Bergdahl home in a swap for five Taliban prisoners at Guantanamo Bay. 

    “Appellant asks this Court to dismiss with prejudice the charges and specifications against him, or in the alternative, to grant other meaningful relief such as approving a sentence of no punishment. We decline to do so,” the court wrote.


    Recommended:. The View from Here


    Bergdahl’s lawyers argued that repeated comments made by President Trump prevented the ex-soldier from receiving a fair trial. Bergdahl still has the option of taking his case to the Supreme Court.

  • What Not To Do

    What Not To Do

    I’ve searched the comments boards in Facebook, Twitter, YouTube and the Blogs. And while there are some, who have come forward to defend the statements being made during this mornings United States Court of Appeals for the DC Circuit, as they consider the Review in the case of Michael Flynn.

    The number of comments who see the courts as hostile is stunning – you be the Judge.

    See also: Of Mountain Men and Map Makers pt 5

    This hearing can be reviewed later on CSPAN also