Page 5 - Command Influence News Today

Sentencing. i wont comment on him. i think people have heard my comments in the past. >> bergdahls lawyers argue by referring to his earlier comments the commander-in-chief has jeopardized their clients ability to receive a fair sentence by the court known as unlawful command influence. >> basically the idea is if someone higher in the chain of command than the accused sends some kind of a message, a signal either direct or indirect to the decision makers, that that would be a violation of due p...

Would be called undue command influence on a judicial process. number two, i know senator sessions. i dont agree with him on everything, but that man has treated me with nothing but respect and dignity in my relationship with him. so this is a great sadness. then finally, don, and this is probably the most important point. you have the president attacking his attorney general because in the eyes of most people, the attorney general did what was expected of him for the ethical demands of his prof...

>> joining me now, jeffrey smith, the former general counsel for the cia, and amy jeffress. amy, let me start with you since you worked at the department of justice. i want to talk law for a second, and were in a weird area of law in which, you know, the president sits in a different kind of legal environment than normal citizens because the resource is essentially impeachment. but is this obstruction of justice on its face if what comey says is true? >> so i would use a different term, and to b...

Kind of legal environment than normal citizens because the resource is essentially impeachment. but is this obstruction of justice on its face if what comey says is true? >> so i would use a different term, and to borrow from the military justice system i unlawful command influence. anyone that has served in the military understands it is unlawful for the commander to influence. thats because justice requires independence. the same is true for the justice system. it needs to be independent of in...

Behavior in the first place. i met with the common dant yesterday to convey my concerns and outrage and to address these issues that all need to happen. we need to look at the culture that brought about this behavior, as well. >> did you get a response from him? he expressed concern publicly, but do they get how this really does get to the heart and soul, the dna of the marine corps? >> well, i appreciated his response. if youve seen it on video, which was pretty strong. keep in mind that in his...

All of these instances where donald trump called out bowe bergdahl, called him a traitor. you set the rest of my tape. now, they are saying that because he is a commander in chief, he has something called unlawful command influence, meaning that in a military court, he will basically taint the jury. they will all say, whether they voted for donald trump or not, they are under his command and that they will be swayed by his opinion about this case. >> bill: they want the case dismissed. >> they w...

All of these instances where donald trump called out bowe bergdahl, called him a traitor. you saw the rest on that tape. now they are saying that because he is a commander in chief, he has something called unlawful command influence, meaning that in a military court, he willet basically taint the jury. that they will all say, whether they voted for donald trump or not, that they are under his command and that they will be swayed by his opinion about this case.. >> bill: they want the casend dism...

Those on any jury, it would be a jury truly of his peers, they would be active duty military personnel. under the code of military justice, theres a rule that prevents any kind of command influence. for example, if a high-ranking general says i think hes guilty, that would be considered command influence and could throw out the charges altogether. unfortunately for bergdahl, hes involved, too, now in a political battle between the republicans on capitol hill and the white house, first over the r...

Should have fired people or made changes and not violate good order and discipline and jump his chain of command and go all the way down to the source agency. and the other thing is, this brings up, something that is analogous to unlawful command influence on the ucmj side, uniform code of military justice side. there unlawful command influence, someone who bears man tell of authority gives the perception or actually does try to influence the outcome of something. so, you know, it is not good. t...

Forces by anybody. i mean, thats a, was a significant effort by our armed forces. knowing, as little as they did, but planning it as well as they did, and having the outcome as positive as it was. so thank you. >> i agree. my next question is for mr. preston. with the heightened media attention, how will you insure sergeant bergdahl receives a fair investigation? >> thank you. we will pursue our full policies and practices with respect to investigations and follow-on actions. a key element of th...