D.J. Releases Opinion in Bergdahl Federal Court Case

7/25/2023

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Donald G Rehkopf, Jr.

7/25/2023 15:02:15

Part II of the decision pertaining to the Recusal issue, is actually quite restrained.

Scott

7/25/2023 18:20:15

Wow, so where does the case go from here?

Brenner Fissell

7/25/2023 19:02:29

"Consequently, the judgment of the military judge regarding the plaintiff’s court-martial is rendered void."

I think this means the conviction itself.

Greg

7/26/2023 10:38:07

If the MJ’s judgment was vacated, and that judgment was a sentence including that Bergdahl be discharged from the Army, what effect if any does that have on the fact of Bergdahl’s discharge itself?

Scott

7/26/2023 11:58:54

And the guilty plea. Does it have to be renegotiated? A new decision on preferral/referral?

Tami a/k/a Princess Leia

7/26/2023 12:09:40

I would say the Government would have to start over from scratch with a new preferral. The problem is jeopardy attached and terminated once the military appeals ended.

Allan

7/27/2023 10:33:50

My guess is that, absent an appeal, the case reverts to the status it was in the day that the conflict of interest began. . . October 16, 2017. It seems as though Bergdahl's DD will be rescinded, and he will get back pay and benefits. I have no idea whether the Army will retry the case. My guess would be that it will.

William Cassara

7/27/2023 10:45:24

He only gets back pay and benefits if he is retried and acquitted, or if he is not retried.

Brenner Fissell

7/27/2023 16:35:50

Bill--is that a statutory rule?

Scott

7/27/2023 18:58:56

Right, if he is re-tried and re-convicted he would not get backpack and benefits.

Publius

7/27/2023 10:02:36

Interesting opinion.

No UCI violation. Judge Walton sealed that off, choosing to ignore the fact that proved dispositive on the recusal issue. Careful, and I suppose well done. Finding a UCI violation in this one just might have been the final nail in the American military justice system's coffin.

Tami a/k/a Princess Leia

7/27/2023 21:13:50

@Brenner, it's in the DOD Financial Management Regulation.

William Cassara

7/28/2023 10:11:32

It's a Finance Regulations. See, U.S. v. Dock, a Court of Claims case from 20 or so years ago.

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D.J. Releases Opinion in Bergdahl Federal Court Case

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