In a risky move, Pvt. Robin Long is going for a reduced sentence by essentially agreeing to a plea bargain from the US military Establishment. Soldier to plead guilty to lower desertion charge Soldier to plead guilty to reduced desertion charge at Colorado’s Fort Carson, his lawyer says. The question is, will the military honor any agreement they might have promised Pvt. Long in private? For more about Robin Long’s story, check out the info on him at the War Resister’s Support Campaign web site
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You see it is simple. Court-Martials do not have jurisdiction to try a Case having constitutional dimensions. The United States was required to raise their charges against Robbin Long before an impartial federal jury at the U.S. District Court of Colorado in Denver. A Court-Martial conducting an Article III Court Action is a military dictatorship! CRAZY! Where is a good Civil Rights Lawyer when you need one?
See my website and become aware of REAL LAW!
http://www.resistinggi.com/
For future reference, pre-trial agreements are signed by both the prosecution and defense. they set the charges that the plea is for and what the maximum sentence. The judge does not get to hear what this cap is and she makes an independent recommendation of what the sentence will be. The judge then finds out what the PTA says, and which ever is lower is what goes before the CG (commanding general) of the post.
The CG can then authorize a lower punishment but nothing higher than either the lower of the PTA or the judge’s recommendation.
Also FYI, Byron Trackwell is not an attorney and does not represent Robin Long.