Bryan Preston at PJMedia has a piece on General Dempsey’s thoughts and military judgment (or lack thereof) on the Bergdahl situation. Preston has the complete statement in his piece, so just follow this link. So, now the whole matter rests on what Bowe Bergdahl says – really, General Dempsey that will reveal the “facts”, as if Bergdahl is going to say, “Oh yeah, I deserted my post.” And oh, btw, he is entitled to legal consul, who will advise him to shut-up. What planet is General Dempsey living on. The investigation must include all the evidence gathered surrounding this case, because chances are Bowe Bergdahl, invoking his rights, may well decide not to say anything to incriminate himself. So, then what General Dempsey???
We may all become amateur JAG lawyers before this is over, but from “Military Justice 101“:
“F. Lee Bailey, a famous civilian criminal defense attorney, once said if he were accused of a crime he would rather be tried in a military court than in any other system of justice because of the protections afforded the military accused.
Many people don’t know that as soon as they become a suspect their rights must be read to them before questioning. Article 31 of the UCMJ gave military people that right 16 years before the U.S. Supreme Court agreed in a case called “Miranda.” The UCMJ provides that military suspects are also entitled to the services of a lawyer at no cost, regardless of rank or economic level. The U.S. Supreme Court did not guarantee that right to civilians until 12 years later, and only then if the accused could show he was needy.”
Bowe Bergdahl does not have to say anything to military investigators – ever. If you feel like reading more about Article 31 (Rights), just follow the link above or do your own Google search. Heck, we may all need to find a JAG lawyer to befriend to guide us through this military justice minefield.