IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

Similar documents
IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

Case 2:16-cv GHK-GJS Document 9-5 Filed 07/21/16 Page 1 of 10 Page ID #:77. Exhibit B

UNITED STATES ARMY TRIAL JUDICIARY SECOND JUDICIAL CIRCUIT, FORT BRAGG, NORTH CAROLINA ) ) ) ) ) ) ) ) )

UNITED STATES ARMY COURT OF CRIMINAL APPEALS

IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

Equal Justice Works 2016 Conference Career Fair Registered Employers (as of August 8 th, 2016)

CORRECTED COPY UNITED STATES ARMY COURT OF CRIMINAL APPEALS. UNITED STATES, Appellant v. Sergeant STEVEN E. WOLPERT United States Army, Appellee

IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

Upgrading Voter Registration in Florida

DoD-State Liaison Update NCSL August 2015

NEWS RELEASE. Air Force JROTC Distinguished Unit Award. MAXWELL AIR FORCE BASE, Ala. Unit OK at Union High School, Tulsa OK, has been

Case 1:15-mc ESH Document 14 Filed 05/05/15 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN A GENERAL COURT-MARTIAL SECOND JUDICIAL CIRCUIT, U.S. ARMY TRIAL JUDICIARY FORT BRAGG, NORTH CAROLINA

Courts Martial Manual Usmc 2009 Edition

SETTLEMENT ADMINISTRATION STATUS REPORT NO. 2

NCHIP and NICS Act Grants Overview and Current Status

CHIEF NATIONAL GUARD BUREAU INSTRUCTION

Request for Letters of Intent to Apply for 2017 Technology Initiative Grant Funding

Arts and Culture in Metro Atlanta: By the Numbers. February 21, 2018

Advanced Nurse Practitioner Supervision Policy

National Disaster Medical System (NDMS) Department of Health and Human Services

SPACE AND NAVAL WARFARE SYSTEMS COMMAND

The MetLife Market Survey of Nursing Home & Home Care Costs September 2004

Duty Title Unit Location

NATIONAL GUARD TITLE 32 HURRICANE RESPONSE

Role of State Legislators

VFW National Veterans Service Program Roster

Congressional Gold Medal Application

FY15 Rural Health Care Services Outreach Funding Opportunity Announcement (FOA) HRSA Technical Assistance Webinar for SORHs

Medicare & Medicaid EHR Incentive Programs Robert Tagalicod, Robert Anthony, and Jessica Kahn HIT Policy Committee January 10, 2012

Building Blocks to Health Workforce Planning: Data Collection and Analysis

2016 Edition. Upper Payment Limits and Medicaid Capitation Rates for Programs of All-Inclusive Care for the Elderly (PACE )

Policies for TANF Families Served Under the CCDF Child Care Subsidy Program

SEASON FINAL REGISTRATION REPORTS

Director, Army JROTC Program Overview

VIETNAM WAR COMMEMORATION ADVISORY COMMITTEE. January 15, 2016 TWILIGHT TATTOO IPR

RECOUNT RULES & VOTING SYSTEMS

IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES TO THE HONORABLE, THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

UNITED STATES NAVY MARINE CORPS COURT OF CRIMINAL APPEALS

NATIONAL DEBATE TOURNAMENT

Dashboard. Campaign for Action. Welcome to the Future of Nursing:

Joshua S. Roffman Managing Attorney

NATIONAL DEBATE TOURNAMENT


Air Force Court-Martial Summaries

National School Safety Conference Reno, Nevada / June 24 29, 2018

Subj: MISSION AND FUNCTIONS OF THE BUREAU OF MEDICINE AND SURGERY. Ref: (a) SECNAV Washington DC Z Jul 2005 (ALNAV 055/05)

SCOTSEM Annual Meeting Aug 24, 2016

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

BUFFALO S SHIPPING POST Serving Napa Valley Since 1992

Request for Letters of Intent to Apply for 2015 Technology Initiative Grant Funding

UNITED STATES ARMY COURT OF CRIMINAL APPEALS

This filing is timely pursuant to Military Commissions Trial Judiciary Rule of Coutt,

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS


Army General Counsel s Honors Program

National Committee for Quality Assurance

United States Property & Fiscal Officer (USPFO)

ACRP AMBASSADOR PROGRAM GUIDELINES

Case 1:17-cv APM Document 29 Filed 11/13/17 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Counterdrug(CD) Information Brief LTC TACKETT

College Profiles - Navy/Marine ROTC

National Bureau for Academic Accreditation And Education Quality Assurance

The National Guard Special Victims Counsel Program

Special Victim Counsel Training for Adult Sexual Assault Cases by the Services

THE ARMY GENERAL SURGERY/ INTENSIVIST PHYSICIAN ASSISTANT

UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS

CASES FOR ORAL ARGUMENT MONDAY, JUNE 6, :00 A.M. EN BANC NO CASES SCHEDULED

Report to Congressional Defense Committees

The Legacy of Sidney Katz: Setting the Stage for Systematic Research in Long Term Care. Vincent Mor, Ph.D. Brown University

SEXUAL ASSAULT. CYBER CENTER OF EXCELLENCE and FORT GORDON P TEAL HASH

Developmental screening, referral and linkage to services: Lessons from ABCD

P.O. Box 5735, Arlington, Virginia Tel: (Fax)

Law Enforcement Technology. Come Learn How You Can Multiply Your Budget for.

NCCP. National Continued Competency Program Overview

Fort McKavett. Upcoming Events

National Provider Identifier (NPI)

Federal Highway Administration Future of Highway Funding

Governor s Office of Electronic Health Information (GOEHI) The National Council for Community Behavioral Healthcare

NATIONAL DEBATE TOURNAMENT

Preventive Controls for Animal Food Inspections and Compliance

Options Counseling in and NWD/ADRC System National, State & Local Perspectives

Advancing Health Equity and Improving Health for All through a Systems Approach Presentation to the Public Health Association of Nebraska

Prescription Monitoring Programs - Legislative Trends and Model Law Revision

Medicaid Innovation Accelerator Program (IAP)

Chemical Agent Monitor Simulator (CAMSIM)

Army Aviation and Missile Command (AMCOM) Corrosion Program Update. Steven F. Carr Corrosion Program Manager

IN THE SUPREME COURT OF THE UNITED STATES. No YASER ESAM HAMDI AND ESAM FOUAD HAMDI, AS NEXT FRIEND OF YASER ESAM HAMDI, PETITIONERS

Prescription Monitoring Program:

Identity Theft Resource Center

Subcontracting Tools. First Wednesday Virtual Learning Series 2018

Award Cash Management $ervice (ACM$) National Science Foundation Regional Grants Conference. June 23 24, 2014

Judicial Proceedings Panel Subcommittee August 27, 2015

FHWA Office of Innovative Program Delivery Mission

OF PROCEEDINGS CORRECTION OF MILITARY RECORDS DOCKET NUMBER:

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Home Health Agency (HHA) Medicare Margins: 2007 to 2011 Issue Brief July 7, 2009

ARGUED DECEMBER 12, 2016 DECIDED APRIL 11, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 16 MAY 2016

Patient-Centered Specialty Practice Readiness Assessment

Transcription:

IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES Sergeant ROBERT B. BERGDAHL, MOTION FOR EXPEDITED HEARING U.S. Army, Appellant, v. PETER Q. BURKE, Lieutenant Colonel, AG, U.S. Army, in his official capacity as Commander, Special Troops Battalion, U. S. Army Forces Command, Fort Bragg, NC, and Special Court-Martial Convening Authority, and Crim. App. Misc. Dkt. UNITED STATES, No. 0624 Appellees. USCA Dkt. No. 16-0059/AR TO THE HONORABLE, THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES: This case, Hearst Newspapers, LLC v. Abrams, No. 16-0116/AR, and Bergdahl v. Abrams, No. 16-0119/AR raise related issues. Briefing is complete in this case and will be complete in the other two just after Thanksgiving. As he did yesterday in No. 16-0119/AR, Sergeant Bergdahl respectfully requests expedited hearing in accordance with Rule 19(e, which provides that the Court, will, whenever practicable, give priority to writappeal petitions. 1

The passage of time is materially prejudicial to SGT Bergdahl. As we explained in moving for an expedited hearing in No. 16-0119/AR, Donald Trump, the leading contender for the Republican nomination for President of the United States, has repeatedly described SGT Bergdahl as a. Mr. Trump has continued to do so even after we complained on August 20, that this language is defamatory and used with reckless disregard for the truth. The following table lists the known occasions on which Mr. Trump has defamed SGT Bergdahl, including as recently as last Wednesday: Date Venue Apr. 9, Apr. 23, June 16, July 21, Aug. 6, The John Fredericks Show, VA (radio Campaign launch, NYC Bluffton, SC GOP Debate I, Fox News, Cleve- Traitor, lost 5 or 6 lives Traitor, no-good No-good, ; 6 killed Source Statement Traitor Breitbart News interview http://www.breitbart.com/nationalsecurity//04/09/exclusive-donaldtrump-obama-totally-out-negotiated-byiran-taliban-virtually-every-countryin-the-world/ http://www.johnfredericksradio.com/poli tical-insighter-trump-unplugged-on-thejohn-fredericks-show/ http://www.washingtonpost.com/news/post -politics/wp//06/16/full-textdonald-trump-announces-a-presidentialbid/ http://www.politifact.com/truth-ometer/statements//jul/23/donaldtrump/trump-guantanamo-prisonersswapped-bowe-bergdahl-a/ http://video.foxnews.com/v/440674600300 1/watch-a-replay-of-fox-news-primetime-presidential-debate/?#sp=showclips 2

Aug. 19, Aug. 21, Aug. 27, Oct. 8, Oct. 26, 3, 10, 11, 12, 16, 18, land, OH Derry, NH Mobile, AL Greenville, SC Las Vegas, NV http://thehill.com/policy/defense/25643 7-trump-says-bergdahl-should-beexecuted http://nhpr.org/post/trumps-targetsmedia-carson-and-obama-order Atkinson, NH http://abcnews.go.com/gma/video/donaldtrump-discusses-family-crippledamerica-34933000 http://wuis.org/post/trump-rallyhighlights-and-his-fullremarks#stream/0 GMA, ABC, New York, NY Springfield, IL, 49:54ff Manchester, NH Fort Dodge, IA, 23:19ff Knoxville, TN http://www.wmur.com/politics/afterstrong-debate-trump-makes-earlymorning-appearance-at-recordsettingpolitics-and-eggs-event/36388534 http://www.bostonglobe.com/news/politic s//11/13/the-most-stunning-quotesfrom-donald-trump-iowaremarks/uogohlwclqhwergmyeio5j/story.html http://www.breitbart.com/biggovernment//11/17/donald-trumpvows-bomb-s-isis-ridicules-weaknessobama-clinton/ https://www.washingtonpost.com/news/ post-politics/wp//11/18/nine- Worcester, MA ; 6 killed Traitor; at least 6 killed 6 died; he went to the other side No-good Dirty Traitor X2, 6 people died looking for him No good, dirty, http://www.wsj.com/video/trumpbergdahl-a-dirty-/f83d4013-58a3-4a8e-be95-74dac2a03bb1.html http://www.washingtonpost.com/politics/ trumps-audacious-southern-spectacle-ispart-of-hisstrategy//08/21/31da2a88-4812-11e5-846d-02792f854297_story.html http://thehill.com/blogs/blog-briefingroom/252125-trump-univision-anchor-isa-lunatic 3

things-that-happened-during-donaldtrumps-visit-toworcester/?hpid=hp_hp-more-topstories_pp-trump- 115am%3Ahomepage%2Fstory https://www.bostonglobe.com/metro/20 15/11/18/watch-live-donald-trumphosts-rallyworcester/a444uyJfI6yU9uvg6G7hnK/story.htm l The First Amendment rules out any effort to prevent Mr. Trump from making these defamatory remarks. The fact remains, however, that his pattern of doing so, with the full glare of public attention before mass audiences around the country, materially threatens SGT Bergdahl s right to fair consideration by the convening authority as well as in a court-martial, if any charges are in the end referred. SGT Bergdahl is not in a position either to sue Mr. Trump at this time, or to make public statements, demand the microphone or hog the camera as Mr. Trump continues to do. All SGT Bergdahl hopes for is something more closely approximating a level playing field in the court of public opinion by ensuring that the public has access without further delay to the unclassified AR 15-6 report prepared last year by Major General (as he then was Kenneth R. Dahl as well as the unclassified transcript of his interview with General Dahl. As we observed last month: 4

Mr. Trump and the echo chamber that has amplified his voice beyond all reason have a right to free speech. Simple fairness demands that SGT Bergdahl at least be able to defend himself by permitting public access in real time to documents that put the lie to the kind of character assassination to which he is being subjected. The passage of time has permitted Mr. Trump to continue to beat up, defame and generally vilify SGT Bergdahl most unfairly. The Court should set the case down for hearing in December. We made a similar motion yesterday in No. 16-0119/AR. Respectfully submitted, /s/ Eugene R. Fidell Eugene R. Fidell CAAF Bar No. 13979 Feldesman Tucker Leifer Fidell LLP 1129 20th Street, N.W., Ste. 400 Washington, DC 20036 (202 256-8675 (cellphone efidell@ftlf.com Civilian Defense Counsel /s/ Franklin D. Rosenblatt Franklin D. Rosenblatt Lieutenant Colonel, JA CAAF Bar No. 36564 U.S. Army Trial Defense Service 9275 Gunston Road, Suite 3100 Fort Belvoir, VA 22060 franklin.d.rosenblatt.mil@mail.mil (703 693-0283 Individual Military Counsel /s/ Alfredo N. Foster, Jr. Alfredo N. Foster, Jr. Captain, JA CAAF Bar No. 36628 U.S. Army Trial Defense Service Ft. Sam Houston 5

Joint Base San Antonio, TX 78234 alfredo.n.foster.mil@mail.mil (210 295-9742 Detailed Defense Counsel /s/ Jonathan F. Potter Jonathan F. Potter Lieutenant Colonel, JA CAAF Bar No. 26450 Defense Appellate Division jonathan.f.potter3.mil@mail.mil (703 695-9853 Appellate Defense Counsel Certificate of Filing and Service I certify that I have, this 21st day of November, filed and served the foregoing motion by emailing copies to the Clerk of Court and all counsel at the following email addresses: efiling@armfor.uscourts.gov jihan.e.walker.mil@mail.mil usarmy.pentagon.hqda-otjag.mbx.usalsa-gad@mail.mil dibarguen@hearst.com (Diego Ibarguen, Hearst et al. jbishop@hearst.com (Jennifer D. Bishop, Hearst et al. shayana.kadidal@gmail.com (Shayana Kadidal, CCR rvanlandingham@swlaw.edu (Rachel VanLandingham, NIMJ mljucmj@court-martial.com (Philip D. Cave, NIMJ daniel.kummer@nbcuni.com (Daniel Kummer, NBC Eugene R. Fidell Civilian Defense Counsel 6