Lawyers for former Ft. Sam Houston Sgt. Bowe Bergdahl told a military judge at Ft. Bragg today that charges of desertion and misbehavior before the enemy against Bergdahl should be dismissed, because of comments made by President Trump on the campaign trial, News Radio 1200 WOAI reports.
Eugene Fidell, Bergdahl's lead counsel, told Col. Jeffrey Nance that now that Trump is the Commander in Chief, his repeated comments that Bergdahl is a 'traitor' who 'should be executed,' amouny to Unlawful Command Interference, which is expressly forbidden by the Uniform Code of Military Justice.
1200 WOAI News first reported the defense claims last week.
Fidell said the comments by candidate Trump, which he has 'never refuted' amount to a General ordering a Colonel to find a defendant guilty, which would erode public trust and faith in the justice system.
Fidell also played a video of Trump repeatedly declaring Fidell to be a 'traitor,' and even making a gesture like firing a rifle.
Bergdahl is not charged with treason and is not facing the death penalty.No witnesses were heard in the 45 minute hearing. Nance will make a ruling 'in the future.'
Court Martial for Bergdahl is still set to begin in April.
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