Yes indeed…the Obama Administration really miscalculated on this one. Usually President Obama and his minions could count on the unwashed masses not reacting at all to anything the Administration did or said (unless their accomplices in the Press tells them to, of course). However, thus time they really struck a nerve. Especially among those “jingoistic myrmidons” who serve or have served in the Armed Forces. Even normally squishy and compliant RINO’s like Senator’s John McCain and Lindsey Graham have protested vociferously over the President’s handling of this prisoner exchange. Who would have thought?!
Actually an “Article 31” hearing is the military’s version of a grand jury investigation, to determine if a crime was committed and whether someone should be indicted for said crime and tried by a court martial. Strictly speaking a “15 dash 6” investigation is more like what’s called a “John Doe investigation” in many states. Army Regulation (AR) 15-6, “Procedures for Investigating Officers and Boards of Officers”, is the regulation which covers how such investigations, whether formal or informal, must be conducted. They are used when an incident or accident has occurred and the responsible commander wants to gather all the available facts bearing on the case before he decides what to do about it. The commander will appoint an investigating officer or a “board” or committee of investigating officers (depending on the level of command and/or the perceived seriousness and complexity of the situation); the investigator(s) will issue a report to the appointing commander explaining what happened and recommending a course of action. The commander can choose to follow the recommendation (in whole or part) or not follow it at all. If the board finds that a violation of the Uniform Code of Military Justice (UCMJ) occurred, and the commander agrees with that assessment, then an Article 31 hearing (again, conducted by a single officer or a board/panel of officers) will generally follow (unless waived by the accused) to determine whether the alleged offense should be tried by court martial or punished by non-judicial punishment (fines, demotion, restriction, extra duty , etc. imposed by the commander). As you can see, there is all kinds of bureaucracy and due process in such cases before an accused person even gets to an actual court martial. So Bowe Bergdahl will be assured of a fair trial before they hang him. LOL! But all kidding aside folks, at this point there is about as much reasonable doubt that Bowe Bergdahl deserted his post “under fire” than there is that Jack Ruby shot Lee Harvey Oswald, so spare us any “innocent until proven guilty” bromides. Nevertheless, I believe that Ralph Peter’s assessment is correct that the worst punishment that Bowe Begdahl will likely suffer is to be dishonorably discharged and stripped of all rank, awards, back pay, and veteran’s benefits. The reality is that the U.S. Army hasn’t executed anyone for desertion under fire since Ernie Slovik was put to death by firing squad during World War II. In fact he was the only American serviceman executed for that offense during the war. Slovik steadfastly refused to make any act or statement of contrition for his self-confessed cowardice and, consequently, General Eisenhower refused to pardon or commute the death sentence imposed by the court martial. In Bergdahl’s case it not even likely that he will serve any jail time (save for “time served” under the Taliban) , since it’s likely that any court martial will show a modicum of pity toward him for being such a self-destructive dumbass.
“Our hyper-privileged ruling class assumes that any man can be brought to see reason, if only we concoct the right incentives. Educated in exclusive universities- which scorn patriots- our leaders believe that words are an adequate substitute for action and that , anyway, we’re probably to blame for the problems bedeviling us. They’re negotiations junkies, with every bit of the junkie’s narrow worldview”.
Ralph Peters, “Denying Evil”, Armchair General July 2014 issue.
Well one thing is for certain, our President and his minions believe in negotiating and compromising with everyone EXCEPT their domestic political opponents.
By Epictetus
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