Remember this maggot???

[Tyr-Ziu Saxnot]

Bergdahl defense can access classified information, court rules
Reuters
May 1, 2016

(Reuters) - Lawyers for U.S. Army Sergeant Bowe Bergdahl, who faces a potential life sentence for desertion while serving in Afghanistan, should have access to classified material to prepare his defense, a military appeals court has ruled.

Legal proceedings against Bergdahl, which had been halted pending a resolution of the classified material issue, can now resume, according to a ruling on Thursday by the United States Army Court of Criminal Appeals that was made public late on Saturday by Bergdahl's attorney, Eugene Fidell.

Bergdahl, now 30, walked away from his post in Afghanistan in 2009 and was captured by the Taliban, who held him prisoner for five years and tortured him. He later told military investigators that he left his post because he had a plan to tell military brass about incompetence among his commanders.

He was freed in a prisoner swap in May 2014 involving the release of five Taliban leaders who were being held by the United States. The exchange was criticized by Republicans in Congress.

Bergdahl returned to active duty, but after an investigation he was prosecuted by the U.S. military who said his disappearance from his post resulted in a 45-day search that put soldiers' lives at risk.

The formal charges in his court-martial are desertion and misbehavior before the enemy. He has not entered a plea to the charges or decided whether he will be tried by a military judge or a jury of soldiers.

His defense asked for access to 300,000 pages of classified documents and on Feb. 2 a military judge ruled that the defense should have access to all classified information that the government may offer into evidence at trial.

The U.S. government appealed the ruling saying the judge had abused his discretion. The pre-trial proceedings were put on hold while the issue was being resolved.

The Army Court of Criminal Appeals said in its ruling that the military judge had not granted the defense unfettered access to classified information, but only to material in the context of trial discovery.

"The stay on the trial proceedings imposed by this court is lifted," the judges of the Army Court of Criminal Appeals ruled.

"It’s a technical matter but an important one having to do with cases involving how classified information is litigated," Fidell said on Sunday.

The defense lawyer Fidell told Reuters that a pre-trial conference would resume on May 17 although the Army could still appeal Thursday's ruling.

Bergdahl is free while he awaits trial and is stationed at Fort Sam Houston in San Antonio, Texas, where he works at a desk job and receives treatment at a hospital.


(Reporting by Fiona Ortiz in Chicago; additional reportinig by Valerie Volcovici in Washington, D.C.; Editing by Frank McGurty, Alan Crosby and Andrew Hay)

The muslim loving, treasonous bastard should have already been executed by firing squad.
Is the obama going to pardon this bastard too on his way ???
And why is the bastard sitting at a desk drawing army pay?
He should be awaiting the ruling in a cell ..
A major f-up if this slimy weasel gets off with no true punishment and if the obama dictator wants that verdict he'll see that its given.-Tyr

[fj1200]

So you start a thread to whine about something BO might do? I imagine you said the same things about how BO wouldn't let Hasan be convicted and given the death sentence either.

[Gunny]

So you start a thread to whine about something BO might do? I imagine you said the same things about how BO wouldn't let Hasan be convicted and given the death sentence either.

Sorry, but tyr's right. His ass should be sharing a cell with Billary. And ruling that classified info can be released? Stupid. You'd be crucified for that sh*t when I was in.

[fj1200]

Sorry, but tyr's right. His ass should be sharing a cell with Billary. And ruling that classified info can be released? Stupid. You'd be crucified for that sh*t when I was in.

That's not why he's wrong.

[Elessar]

Sorry, but tyr's right. His ass should be sharing a cell with Billary. And ruling that classified info can be released? Stupid. You'd be crucified for that sh*t when I was in.

I agree with most of Tyr's sentiments, but he is entitled to still draw pay pending the outcome
of the trial. Yes, he can draw pay in a cell too, which where he belongs.

But what baffles me, referring to Gunny's comment, is how can a judge over-rule what is basically
Federal Law regarding release of classified information? Unless the basis of the trial IS over such
information, the whole premise of introducing it is a real stretch. The source of the information
would have approve and cleanse the data for release, not some frikkin' judge.

Something just does not pass the smell test on this.

[fj1200]

Sorry, but tyr's right. His ass should be sharing a cell with Billary. And ruling that classified info can be released? Stupid. You'd be crucified for that sh*t when I was in.

The article didn't say released.

The Army Court of Criminal Appeals said in its ruling that the military judge had not granted the defense unfettered access to classified information, but only to material in the context of trial discovery.

I agree with most of Tyr's sentiments, but he is entitled to still draw pay pending the outcome
of the trial. Yes, he can draw pay in a cell too, which where he belongs.

But what baffles me, referring to Gunny's comment, is how can a judge over-rule what is basically
Federal Law regarding release of classified information? Unless the basis of the trial IS over such
information, the whole premise of introducing it is a real stretch. The source of the information
would have approve and cleanse the data for release, not some frikkin' judge.

Something just does not pass the smell test on this.

How do you expect him to mount a defense if the prosecution is relying on classified information?

[Elessar]

The article didn't say released.
How do you expect him to mount a defense if the prosecution is relying on classified information?

What don't you understand about this. Something is not being said and is pretty vague.
The Law is quite clear. If it does indeed involve classified material, it would be a closed
trial and only those that carry appropriate clearances would be allowed in the court room :

"But what baffles me, referring to Gunny's comment, is how can a judge over-rule what is basically
Federal Law regarding release of classified information? Unless the basis of the trial IS over such information,
the whole premise of introducing it is a real stretch. The source of the information
would have to approve and cleanse the data for release, not some frikkin' judge.

Something just does not pass the smell test on this."

[fj1200]

What don't you understand about this:

Why it's such a kerfuffle 'round these parts.

[Gunny]

The article didn't say released.





How do you expect him to mount a defense if the prosecution is relying on classified information?

Nothing classified on leaving one's post in a combat zone. And NO excuse, no defense. Classified material is immaterial to THAT. There's NOTHING some dumb grunt knows that's important enough to leave his team. We rely on each other to survive. There is NOTHING that moron could have known that excuses the cost in lives he is responsible for.

There's no excuse he could have if I was sitting on that court martial. You want out? You walk up, in the rear and tell your Gunny/SFC/CPO "I'm a pussy and want to go home." You DON'T WALK OFF THE LINE. Pople are counting on you to stay alive. F*ck THAT noise. Cowardice in front of the enemy. Compromising the integrity of my team. F*ck YOU. I'll see your ass in Hell. They should shoot his ass as far as I'm concerned. Scumbag, weak-ass traitor. I hope the Arabs used used him for a bitch every day. Six GOOD soldiers died trying to find his deserter ass. He deserves the worst anyone can get.

[Elessar]

Nothing classified on leaving one's post in a combat zone. And NO excuse, no defense. Classified material is immaterial to THAT. There's NOTHING some dumb grunt knows that's important enough to leave his team. We rely on each other to survive. There is NOTHING that moron could

This precisely why I say the whole thing does not pass the smell test.

Only thing I can see possible is troop strengths, positions, and armament -
but all of that is a bit hard to hide.

If it involves anything else, the originator of the intel has to declassify it and allow
release, not some frikkin' judge.

[fj1200]

Nice edit.

What don't you understand about this. Something is not being said and is pretty vague.
The Law is quite clear. If it does indeed involve classified material, it would be a closed
trial and only those that carry appropriate clearances would be allowed in the court room :

"But what baffles me, referring to Gunny's comment, is how can a judge over-rule what is basically
Federal Law regarding release of classified information? Unless the basis of the trial IS over such information,
the whole premise of introducing it is a real stretch. The source of the information
would have to approve and cleanse the data for release, not some frikkin' judge.

Something just does not pass the smell test on this."

It's just an article and I'll tend to give the article written at a multi-thousand foot level discretion until there is evidence to that it is wrong and not how it smells. The first judge made a ruling and an Army appeals court reversed it. I also didn't read where all this classified data was going to be released nor that it would be an open trial. My apologies if I missed that part.

But you didn't answer my original question; how can they mount a defense if they don't have access to the same classified material that the prosecutor may be using?

Nothing classified on leaving one's post in a combat zone. And NO excuse, no defense. Classified material is immaterial to THAT. There's NOTHING some dumb grunt knows that's important enough to leave his team. We rely on each other to survive. There is NOTHING that moron could have known that excuses the cost in lives he is responsible for.

There's no excuse he could have if I was sitting on that court martial. You want out? You walk up, in the rear and tell your Gunny/SFC/CPO "I'm a pussy and want to go home." You DON'T WALK OFF THE LINE. Pople are counting on you to stay alive. F*ck THAT noise. Cowardice in front of the enemy. Compromising the integrity of my team. F*ck YOU. I'll see your ass in Hell. They should shoot his ass as far as I'm concerned. Scumbag, weak-ass traitor. I hope the Arabs used used him for a bitch every day. Six GOOD soldiers died trying to find his deserter ass. He deserves the worst anyone can get.

I don't disagree with any of that but if the prosecutor is using classified material then the defense needs to see it as well.

[Gunny]

Nice edit.



It's just an article and I'll tend to give the article written at a multi-thousand foot level discretion until there is evidence to that it is wrong and not how it smells. The first judge made a ruling and an Army appeals court reversed it. I also didn't read where all this classified data was going to be released nor that it would be an open trial. My apologies if I missed that part.

But you didn't answer my original question; how can they mount a defense if they don't have access to the same classified material that the prosecutor may be using?



I don't disagree with any of that but if the prosecutor is using classified material then the defense needs to see it as well.

Let's dumb this down to grunt speak. Deserting your post is NOT classified. It's a criminal act punishable by death. I wouldn't have traded 2 marbles and a Matchbox car for his ass. I'd have needed only one round. Six people died because of your whiny ass? No mercy. Not here. Talking to the wrong guy. You walk off the line and I hope you die a slow death. You just compromised my fucking unit. Lives are at stake. I could give a shit less about your personal problems.

And what classified material is a grunt on the line privy to? None. I only had a clearance because I wasn't on the line, exactly. This is political bullshit. Did this lawyer star in an episode of Law and Order?

[fj1200]

Let's dumb this down to grunt speak. Deserting your post is NOT classified. It's a criminal act punishable by death. I wouldn't have traded 2 marbles and a Matchbox car for his ass. I'd have needed only one round. Six people died because of your whiny ass? No mercy. Not here. Talking to the wrong guy. You walk off the line and I hope you die a slow death. You just compromised my fucking unit. Lives are at stake. I could give a shit less about your personal problems.

And what classified material is a grunt on the line privy to? None. I only had a clearance because I wasn't on the line, exactly. This is political bullshit. Did this lawyer star in an episode of Law and Order?

Again, I don't disagree with any of that. I have no idea why classified material is relevant here.

[CSM]

Again, I don't disagree with any of that. I have no idea why classified material is relevant here.

I can only speculate on the relevance of classified material in this case but (without getting into conspiracy theories) I can envision a few scenarios that might apply such as an informant embedded within the enemy camp that knew or knows more specifics of the hows and whys; thus classified material such as correspondence with said informant or means of communication etc. could be of a more sensitive nature.

[Elessar]

Again, I don't disagree with any of that. I have no idea why classified material is relevant here.

FJ...

I was not in combat arms, but I was cleared up to Top Secret.
That is why I say this does not pass the smell test, and there is
obviously something being left out.

Got to agree completely with Gunny. A line grunt *might* have
a Confidential clearance - just like our junior enlisteds on boat crews.

Why an issue like this was put in a trial is a puzzler, and I stood as
Bailiff and Master at Arms in many NJP sessions and Courts-Martial.

The whole procedure in this one and the reasonings so far released
are about as clear as mud.