Col. West has written here on many occasions about the travesty of justice that leaves 1LT Clinton Lorance behind bars for doing what warriors are supposed to do — neutralize the enemy — while disgraces like “the Manning formerly known as Bradley” and Army
Sgt. deserter Bowe Bergdahl get a pass.
The case against Bergdahl has dragged on forever, with his defense lawyers attempting to get his case thrown out because of comments then-candidate Donald Trump made about Bergdahl on the campaign trail.
Specifically, lawyers said Trump violated Bergdahl’s due-process rights by repeatedly calling him a “traitor” in the months before his election and as a result the judge should dismiss charges of desertion and misbehavior before the enemy.
Thankfully justice has prevailed…if only on this one point.
The judge presiding over this case, Army Col. Jeffery Nance, has rejected the request.
According to Military.com, in his ruling Nance wrote Trump’s comments were “disturbing and disappointing” but didn’t constitute unlawful command influence. Nance agreed with prosecutors’ arguments that Trump’s comments amounted to campaign-trail rhetoric, and the judge wrote the comments shouldn’t harm potential jurors’ impartiality.
“The accused was merely the foil for delivering that political message,” Nance wrote. “All reasonable members of the public and potential panel members will know that was what he was doing and will not allow the rhetoric to affect their impartiality.”
“We have a man who eventually became President of the United States and Commander in Chief of all the armed forces making conclusive and disparaging comments, while campaigning for election, about a soldier facing potential court-martial…. The Court recognizes the problematic potential created by these facts.”
However, Nance also said he would give “wide leeway” to the defense lawyers during their questioning for potential jurors, to determine how much Trump’s comments affected them. Lawyers would be allowed to once again request a dismissal in charges if it becomes clear potential jurors were affected.
The sick thing is, not a single person disputes the fact that Bergdahl deserted his post. Do we really need this to drag on for months and months?
[Note: This article was written by Michele Hickford]