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Senator hansen s loom from the movie

Kevin Lilley June 18, 2015 The defense team for alleged deserter Sgt. Bowe Bergdahl says an impending Senate committee's investigation into the case creates a conflict of interest for the officer overseeing in charge: Mark Milley, who will sit in front of the same panel as part of the confirmation process to become the Army's next top officer.

Gen. Mark Milley in middle as confirmation, Bergdahl case loom

Lawyers for Bergdahl have asked a military appeals court to disqualify Milley, tapped by President Obama last month to be the Army's next chief of staff, as court-martial convening authority. Military legal minds are split on the validity of the claim, and the head of the committee said the Bergdahl case won't distract from the confirmation process.

Fidell wrote to Milley on May 17, days after his Chief of Staff nomination had been announced, asking the general to recuse himself from the case. Berghdal left his post in Afghanistan and was held by the Taliban for five years.

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He was exchanged last year for five senior Taliban officials held at Guantanamo Bay, Cuba. Milley, who made the decision in March to charge Bergdahl with desertion and misbehavior before the enemy, stayed on the job.

So, he currently continues all of his duties and responsibilities as commanding general of U. Army Forces Command — including his role as a general courts-martial convening authority. Making the legal case Three former military lawyers who spoke with Army Times had varied opinions on the merits of the disqualification request, but all had at least some doubts as to its success.

Milley is somehow conflicted in this case is speculative, at best," said Daniel Conwaya former Marine captain who has represented members of all military branches as a civilian defense lawyer. They must only show that public perception could lead to such a conclusion. The appeals court, VanLandingham said, may choose not to weigh in on the issue.

Victor Hansen, an associate dean and law professor at New England Law in Boston, also said he'd be "surprised" if the request were granted, and "would similarly be surprised if it had any real legs at trial, or on appeal.

He cited a 2013 ruling from a Navy judge in two sex-assault cases claiming remarks by President Obama that offenders should be "court-martialed, fired, dishonorably discharged, period" constituted undue command influence and would limit punishment options for the defendants.

  1. Making the legal case Three former military lawyers who spoke with Army Times had varied opinions on the merits of the disqualification request, but all had at least some doubts as to its success. Ssang Yong 16 is a biennial military exercise focused on strengthening the amphibious landing capabilities of the Republic of Korea, the U.
  2. A possible case study That example is not the one most associated by lawyers with Milley's situation.
  3. Berghdal left his post in Afghanistan and was held by the Taliban for five years.

A possible case study That example is not the one most associated by lawyers with Milley's situation: In Fidell's letter to the general, he alludes to Air Force Lt. Claire McCaskill, a Missouri Democrat who serves on the Armed Services Committee, because of the general's decision to overturn a captain's sex-assault conviction the previous year.

VanLandingham said part of the reason may stem from a lack of training given to commanding officers who find themselves in such a situation. Bergdahl's lawyers cite an academic paper written by VanLandingham in their filing, one that suggests the "vast powers" wielded by courts-martial authorities are "largely unguided by formal direction," which can lead to misuse. Ssang Yong 16 is a biennial military exercise focused on strengthening the amphibious landing capabilities of the Republic of Korea, the U.

Marine Corps photo by Sgt. You know, 'I'm not going to just pass the buck. Somebody else is going to have to pick up the responsibility. That's just kind of against the nature of people at that level. They take care of their own problems.