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Bergdahl judge mulls dismissing case over McCain comments

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Napoleon

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Fort Bragg, North Carolina (CNN)Defense attorneys for Army Sgt. Bowe Bergdahl sought to have charges against their client dismissed Tuesday, arguing that comments made by Sen. John McCain could prevent a fair trial.

Speaking to The Boston Herald in October, McCain said that he would hold a congressional hearing if Bergdahl wasn't punished during his military trial. In the same interview, the Arizona Republican added that Bergdahl "clearly deserted" his post.

Bergdahl is facing a court martial for charges of desertion and misbehavior before the enemy after he disappeared from his base in Afghanistan in June 2009. He was captured and held in captivity by the Taliban until a prisoner exchange in May 2014.

In what he referred to as the "McCain motion," lead defense attorney Eugene Fidell said that the comments by the senator not only create a more favorable landscape for military prosecutors but also fall under the category of "unlawful command influence" and could sway the opinion of the convening authority in the case, Army Gen. Robert Abrams, commanding general of Forces Command, the military official overseeing the process of bringing charges against Bergdahl.
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McCain should have kept his mouth shut.
 
I think they are giving McCain way too much credit for his influence.
 
Mason66 said:
I think they are giving McCain way too much credit for his influence.
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Similar statements in a civilian court would be considered jury tampering/intimidation. It would be similar to an AG telling the media that he will launch an investigation and subpoena jurors if they don't reach a guilty verdict in a criminal trial.
 
Thats rather a silly comment by the judge. That implies that no high profile case where strong opinions are expressed could ever be tried. Just...goofy.

And last I checked...McCain isnt in anyones chain of command.
 
Mason66 said:
I think they are giving McCain way too much credit for his influence.
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Well yes, but what's true and what can be argued are too different things.
 
Napoleon said:
Similar statements in a civilian court would be considered jury tampering/intimidation. It would be similar to an AG telling the media that he will launch an investigation and subpoena jurors if they don't reach a guilty verdict in a criminal trial.
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No cop can ever go to trial because the president and members of congress have made prejudicial comments about law enforcement in general.

Right?
 
Napoleon said:
McCain should have kept his mouth shut.
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The Army doesn't want this to go forward.
Obama doesn't want this to go forward (flies right in the face of Bo serving with distinction meme / lie - never mind that Bo is a deserter and was AWOL)

They've both been dragging their feet to even get this far.

Any excuse to get out of it will do.
 
Napoleon said:
Similar statements in a civilian court would be considered jury tampering/intimidation. It would be similar to an AG telling the media that he will launch an investigation and subpoena jurors if they don't reach a guilty verdict in a criminal trial.
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Did Sen. McCain make his statements about this in a court? If Bergdahl is not convicted and punished for what he did, Congress should investigate the matter. If it did, it would have no power to punish Bergdahl, so I can't see how threatening to investigate affects his case. McCain was not saying, "If you don't punish him, we will." He was only saying, "If you don't punish him, we will investigate why his acts went unpunished."
 
VanceMack said:
No cop can ever go to trial because the president and members of congress have made prejudicial comments about law enforcement in general.

Right?
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Just to point out.. this is no "comments in general".

Mcains comments were directed directly at this case and Berghdal.

and as far as influence? He is Chairman on the Senate Committee on Armed Forces.
 
VanceMack said:
No cop can ever go to trial because the president and members of congress have made prejudicial comments about law enforcement in general.

Right?
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How about when Obama said Trayvon Martin could be his son?
 
matchlight said:
Did Sen. McCain make his statements about this in a court? If Bergdahl is not convicted and punished for what he did, Congress should investigate the matter. If it did, it would have no power to punish Bergdahl, so I can't see how threatening to investigate affects his case. :B]McCain was not saying, "If you don't punish him, we will." He was only saying, "If you don't punish him, we will investigate why his acts went unpunished.[/B]"
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You are kidding right? :roll:
 
jaeger19 said:
You are kidding right? :roll:
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No, I am not. The evidence that this disloyal son of a bitch voluntarily went over to the enemy is so overwhelming that if his acts go unpunished, Congress should investigate the proceedings. Congress however has no power to impose any punishment, if the court does not.
 
American said:
How about when Obama said Trayvon Martin could be his son?
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I seem to recall President Limpwrist also commented, before he knew the facts, that the police had acted stupidly in the incident involving his professor pal from Martha's Vineyard.
 
Eugene Fidell needs to do some research and learn what, "unlawful command influence", means.
 
matchlight said:
I seem to recall President Limpwrist also commented, before he knew the facts, that the police had acted stupidly in the incident involving his professor pal from Martha's Vineyard.
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The Beer Summit?
 
jaeger19 said:
Just to point out.. this is no "comments in general".

Mcains comments were directed directly at this case and Berghdal.

and as far as influence? He is Chairman on the Senate Committee on Armed Forces.
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You dont think comments by the president and members of congress that control funds that go to community policing are influential?
 
matchlight said:
Did Sen. McCain make his statements about this in a court? If Bergdahl is not convicted and punished for what he did, Congress should investigate the matter. If it did, it would have no power to punish Bergdahl, so I can't see how threatening to investigate affects his case. McCain was not saying, "If you don't punish him, we will." He was only saying, "If you don't punish him, we will investigate why his acts went unpunished."
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It doesn't matter if he made them in a courtroom. He made public comments threatening to subject those deciding the case to Congressional inquiry if he doesn't like the decision. If an AG directed similar comments to a jury then there would rightfully be a motion for either dismissal or mistrial on the grounds of jury tampering/intimidation and it would probably be granted.
 
Napoleon said:
It doesn't matter if he made them in a courtroom. He made public comments threatening to subject those deciding the case to Congressional inquiry if he doesn't like the decision. If an AG directed similar comments to a jury then there would rightfully be a motion for either dismissal or mistrial on the grounds of jury tampering/intimidation and it would probably be granted.
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An AG isn't a member of Congress.
 
VanceMack said:
No cop can ever go to trial because the president and members of congress have made prejudicial comments about law enforcement in general.

Right?
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Oh snap!
 
Napoleon said:
It doesn't matter if he made them in a courtroom. He made public comments threatening to subject those deciding the case to Congressional inquiry if he doesn't like the decision. If an AG directed similar comments to a jury then there would rightfully be a motion for either dismissal or mistrial on the grounds of jury tampering/intimidation and it would probably be granted.
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We will see if this judge grants the defense what it wants. I doubt it. This disloyal cur is guilty as sin, and he deserves severe punishment. From the facts that have been established, what he did is not far short of being treason. Of course B. Hussein Obama sympathizes with Bergdahl, because, like other collectivists, he shares his resentment of this country.
 
Well Trump did call McCain a 'loser'. And said because McCain was a POW he was 'no war hero'. So maybe the Judge is putting too much weight on McCain's statements about Bergdhal. ;)

If Trump said he was a loser. Then nothing McCain says should be taken seriously.
 
Napoleon said:
McCain should have kept his mouth shut.
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Charles Manson's lawyer made the same argument when Nixon made his "Manson is guilty" comment.

I agree that McCain should've kept his mouth locked up over this.
 
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