No.
Lawyers for Bowe Bergdahl, the Army Sergeant who walked off from his post in Afghanistan in 2009, only to be taken captive by the Taliban, are calling that his case be dismissed.
They’re making good on a promise to call for a dismissal of charges, which include desertion and misbehavior before the enemy, should Trump become president.
Trump’s comments compromise their client’s right to a fair trial, the lawyers argue, releasing a 28-minute video of times the new president has disparaged Bergdahl.
“President Trump has made it impossible for SGT Bergdahl to obtain a fair trial,” his lawyers wrote in the 57-page filing, complete with a screenshot of a Trump tweet about Bergdahl and photos of Trump pantomiming executions at this rallies. “President Trump transformed his rallies into a televised traveling lynch mob. Justice cannot be done and public confidence in military justice cannot be maintained under these circumstances.”
Bergdahl had held out hope that former (It feels so good to say that!) President Obama would pardon him before leaving office, but it seems he was passed over.
The motion lists 65 times that Trump called Bergdahl a traitor, said he should be executed or falsely claimed that troops had died while looking for Bergdahl.
For example, at a rally in October 2015, Trump said, “We’re tired of Sgt. Bergdahl, who’s a traitor, a no-good traitor, who should have been executed”
“Thirty years ago, he would have been shot,” he added.
At another rally later in November, Trump incorrectly said that “six young, great people were killed going after this bum.”
That part may not be true, but what is true is that Obama released five high-risk detainees, all considered a threat to go back to committing acts of terrorism against the U.S. and our allies, in order to gain the release of Bergdahl.
“There are times when an insult to the fair administration of justice is so sustained, palpable and recent, and comes from such a source, that the integrity of the military justice system is necessarily at stake and the strong medicine provided by the doctrine of apparent [unlawful command influence] is required,” they wrote. “This is such a case.”
I seriously doubt that Trump is going to bring back public executions to make a point, but lawyers are gonna lawyer, and this is a high profile case.
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