'Unlawful Command Interference,' which is cited in the Uniform Code of Military Justice as 'the mortal enemy of military justice,' is being cited as a factor in the latest attempt by lawyers for former Ft. Sam Houston Sgt. Bowe Bergdahl to have his desertion and misbehavior before the enemy charges dismissed by a court martial at Ft. Bragg, News Radio 1200 WOAI reports.
In a lengthy motion filed with the court martial, Eugene Fidell, who is Bergdahl's chief attorney, cites numerous comments made by Donald Trump on the campaign trail describing Bergdahl as a 'traitor' who should be 'executed.'
Now that not only is Trump the Commander in Chief, Fidell argues, but the fact that he is known in the early days of his Presidency as a man who is committed to fulfilling his campaign promises, is a clear indicator of Unlawful Command Interference.'
Unlawful Command Interference, which is simply referred to as 'UCI' in the UCMJ, is in incident where a commanding officer takes advantage of the command structure of the military to 'order' a subordinate who is a judge or a member of a court martial to find a particular defendant guilty or innocent. Due to the fact that military members are duty bound to honor the legal orders of their commanding officers, the UCMJ goes out of its way to stress that UCI is outlawed and will not be tolerated.
"The government does not dispute that he made these statements, and while some of them may have been outlandish, taken as a whole, they clearly indicate his view that the harshest possible penalties should be imposed," Fidell wrote. "Panel members, prospective defense witnesses, and the CGMCA (General Court Martial Commanding Authority, or the Commander of Forces Command, who is in charge of the court martial), will soon be under consideration by President Trump for other four-star positions, would have every reason to take them seriously sinnce they were uttered by the person who is now President."
Fidell said if the military prosecutors allow Trump's comments to affect the outcome of the Bergdahl cause, it would amount to 'indifference to the threat apparent YCI poses to public confidence in military justice.'
Despite Trump's comments, Bergdahl is not charged with treason and is not facing the death penalty.Motion arguments began in his court martial on Monday. If the charges are not dismissed, the trial is set to begin in April.
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