Military Judge Calls Trump’s Campaign Rhetoric on Bowe Bergdahl ‘Disturbing’
In a pretrial hearing today, the military judge presiding over the case stated there could be public questions on the possibility of Sgt. Bowe Bergdahl receiving a fair trial based on President Donald Trump’s rhetoric during the election.
Defense attorneys for Bergdahl, who has been charged with desertion and misbehavior before the enemy, played video footage of Trump repeatedly telling rally crowds that Bergdahl was a traitor. Bergdahl’s lawyers are stating that his due-process rights were violated by the comments.
While the judge, Col. Jeffery Nance, didn’t make an immediate ruling, he did say that the clip was “disturbing material.” He is expected to provide a written decision on the defense’s request at a later time.
Prosecutors countered that Trump’s pre-election remarks were nothing but campaign rhetoric and more directed at President Barack Obama for his decision to exchange five prisoners for Bergdahl in 2014. Bergdahl had been held captive by the Taliban for roughly five years at that point. He has been accused of placing soldiers’ lives in jeopardy by deliberately wandering off base and getting captured.
According to The Guardian, Nance replied to prosecutors saying they could address jurors’ exposure to Trump’s comments about Bergdahl during the jury selection phase by bringing up his own questions.
But Nance asked, “how does that relate to overcoming the black eye to the military justice system … the view the public might have?”
That question goes to the heart of the defense argument that Trump’s comments constitute unlawful command influence by the new commander in chief. Even the appearance of such unfairness can theoretically derail a military case.
The trial is scheduled for April but it appears that the date will be delayed over the handling of classified information during discovery.
[image via screengrab]
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