RALEIGH, N.C. (AP) – President Donald Trump’s scathing criticism of Army Sgt. Bowe Bergdahl will prevent the soldier from getting a fair trial on charges he endangered comrades by walking off his post in Afghanistan, Bergdahl’s attorneys said Friday.
In a motion filed shortly after Trump was sworn in, defense lawyers asked a military judge to dismiss the charges against Bergdahl and argued the Republican violated his due process rights and military law against unlawful command influence.
Trump’s negative comments about Bergdahl, including calling him a traitor, take on new importance now that he is commander in chief. Defense attorneys argue that potential military jurors may feel obligated to agree with their new leader. They prepared a video exhibit of Trump’s criticism.
Defense attorneys write: “the president, as commander in chief, wields great power over the careers of officers and his opinions are necessarily entitled to respect by all military personnel, whether or not they voted for him.”
The defense motion notes more than 40 instances of Trump’s criticism at public appearances and in media interviews.