Tags: bergdahl | army | trump | mccain | taliban

US Court of Appeals for the Armed Forces Allows Bergdahl Case Review

US Court of Appeals for the Armed Forces Allows Bergdahl Case Review

Army Sgt. Bowe Bergdahl leaves the Fort Bragg courtroom facility after a sentencing hearing in 2017, in Fort Bragg, N.C. (Andrew Craft/The Fayetteville Observer via AP)

By    |   Thursday, 07 November 2019 03:57 PM

The U.S. Court of Appeals for the Armed Forces has agreed to grant a request from former Sgt. Bowe Bergdahl to review his case to determine if comments by President Donald Trump and the late Sen. John McCain affected his sentencing. 

The CAAF has not yet set a date for the appeals hearing, reports Military Times, but Bergdahl's attorneys have up to 30 days to file their argument and an option to request extensions, with the government then having at least 30 days, plus extensions, to file a response. 

After that, a hearing will be set on the calendar, with the goal of setting a date within the 20 days after the government's response is submitted.

Bergdahl was sentenced in 2017 to a reduction in rank to private and a $10,000 forfeiture in pay, following more than one week of testimony. In July, the Army Court of Criminal Appeals upheld the guilty plea and sentence, ruling that comments Trump had made after he became president and a threat from McCain to hold hearings if Bergdahl was not punished had not changed the proceedings. 

Bergdahl was captured by a Taliban affiliate and held for five years after leaving his post in Afghanistan in 2009. He was repatriated in 2014, and pleaded guilty to desertion and misbehavior and requested and received a dishonorable discharge. 

Bergdahl had tried to get the case dismissed in early 2017, citing comments Trump had made while he was still a presidential candidate in 2016 when he called the former soldier a "dirty rotten traitor" and suggested that he be thrown out of a plane over Afganistan without a parachute or executed by firing squad. Trump also made references to those comments after he became president, noted The Military Times. 

Bergdahl's defense team said such comments were unlawful command influence and pervasive to the point that their client did not receive a fair trial or sentencing. 

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The U.S. Court of Appeals for the Armed Forces has agreed to grant a request from former Sgt. Bowe Bergdahl to review his case to determine if comments by President Donald Trump and the late Sen. John McCain affected his sentencing.
bergdahl, army, trump, mccain, taliban
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2019-57-07
Thursday, 07 November 2019 03:57 PM
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