Former Army Sgt. Bowe Bergdahl wants the charges against him dropped and his case dismissed because President Trump criticized him multiple times on the campaign trail.
In a court document filed on Friday, Bergdahl’s attorneys alleged Trump’s repeated statements calling him a “traitor” mean Trump would deny Bergdahl his due process rights.
“President Trump’s statements deny Sgt. Bergdahl the due process right to a fair trial,” the filing stated.
Bergdahl is facing a court martial in April on charges he deserted his unit in Afghanistan, which led to his capture by Taliban forces. Bergdahl was held for five years in Taliban captivity. He’s also charged with misbehavior before the enemy for leaving his post, which could put him in prison for the rest of his life.
There are 65 instances in which Trump called Bergdahl a traitor, a serious accusation that is a crime Bergdahl does not face.
The document also said Trump wants Bergdahl dead, and point to campaign rallies where Trump “pantomimed executions by rifle and pistol shot, complete with sound effects, with the same implication.” Trump has implied he thinks Bergdahl should be dropped out of an airplane without a parachute.
This means Trump has “predetermined Sgt. Bergdahl’s guilt” and “advocated punishments that are not only unauthorized but cruel and unusual.”
“The charges should be dismissed because there are no effective alternative remedial,” the motion states. “Dismissal with prejudice is essential in order to safeguard the credibility of the military justice system.”
