Bill Text: NJ AR201 | 2016-2017 | Regular Session | Introduced
Bill Title: Urges President Obama to not pardon Army Sergeant Bowe Bergdahl for desertion and endangering fellow soldiers in Afghanistan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-10 - Introduced, Referred to Assembly State and Local Government Committee [AR201 Detail]
Download: New_Jersey-2016-AR201-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Urges President Obama to not pardon Army Sergeant Bowe Bergdahl for desertion and endangering fellow soldiers in Afghanistan.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging President Obama to not pardon Army Sergeant Bowe Bergdahl for desertion and misbehavior before the enemy and endangering fellow soldiers in Afghanistan.
Whereas, Sometime after midnight on June 30, 2009, Army Sergeant Bowe Bergdahl walked away from a remote outpost in eastern Afghanistan without permission and was subsequently captured by Taliban militants, prompting a dangerous but fruitless search by fellow soldiers; and
Whereas, Sergeant Bergdahl was held in difficult conditions for five years, until his release on May 31, 2014 as part of an exchange whereby five high-level Taliban detainees were sent from the Guantanamo Bay prison in Cuba to Qatar, which agreed to monitor them and not let them travel; and
Whereas, In order to release Sergeant Bergdahl, the Obama administration transferred the Taliban detainees without complying with a federal statute that required it to notify Congress 30 days before any such transfers could occur; and
Whereas, Although the administration argued that acting without the 30-day waiting period was necessary to protect the sergeant's life, critics of the exchange maintained that the transfer was illegal; and
Whereas, After the release of Sergeant Bergdahl, former soldiers who served with him came forward to describe the circumstances of his capture and accused him of desertion, with some believing that he intended to join the Taliban; and
Whereas, One year after his return, Sergeant Bergdahl was ordered by military commanders to be prosecuted in a general court-martial, conviction, which could result in a life sentence; and
Whereas, Sergeant Bergdahl's case is currently in litigation, with his trial to begin April 18, 2017; and
Whereas, According to news reports, Sergeant Bergdahl's legal team has submitted copies of a clemency petition to the White House, the Justice Department, and the Defense Department requesting a preemptive pardon that would avert Sergeant Bergdahl's court-martial trial on charges of desertion and misbehavior before the enemy that endangered fellow soldiers; and
Whereas, Article II, Section 2, clause 1 of the United States Constitution grants the President the right to forgive a person of a crime or to excuse a person convicted of a crime from punishment; and
Whereas, Although President Obama has the power to pardon Sergeant Bergdahl before leaving office on January 20, 2017, doing so would allow a military veteran who has committed serious crimes to escape punishment; and
Whereas, It is fitting and proper that this House urge President Obama to not pardon Army Sergeant Bowe Bergdahl for desertion before the enemy and endangering fellow soldiers in Afghanistan; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House urges President Obama to not pardon Army Sergeant Bowe Bergdahl for desertion and misbehavior before the enemy and endangering fellow soldiers in Afghanistan.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President of the United State, the United States Attorney General, and the Secretary of Defense.
STATEMENT
This Assembly Resolution urges President Obama to not pardon Army Sergeant Bowe Bergdahl for desertion and misbehavior before the enemy and endangering fellow soldiers in Afghanistan.
