26 July 2023

Was That Even Legal?

Marv shot me a link that makes me wonder if the judge had jurisdiction to vacate Bergdahl's sentence.

Judge Walton doesn't appear to be in the military, nor on the Supreme Court, so...

How is he ruling on this?

He's not a military judge and this is a UCMJ matter.

2 comments:

  1. Was confused by that as well, but clearly well above my pay grade... Been a long time since I was in, but I was always told Military (UCMJ) law was to be outside of/above civilian law as those subject to the UCMJ are not civilians... But just an Engineer, I tried hard not to draw that kind of special attention while I was in...

    ReplyDelete
  2. Military courts are appealed to federal courts.
    The military can appeal this as well, and the chain goes all the way to SCOTUS.

    But that would require a SecArmy and SecDef who don't see the utter ruin of the military as a consummation devoutly to be wished.

    Soldiers died looking for deserter Bergdahl, thinking this was mischance, rather than deliberate cowardice in combat.
    He should have been executed.
    He could have appealed that to Lucifer for all I care.

    ReplyDelete

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