Judge calls Trump comments on Bergdahl case ‘disturbing’
FORT BRAGG, N.C. — A military judge called President Trump’s scathing campaign-trail criticism of Army Sgt. Bowe Bergdahl “disturbing” yesterday and questioned whether it would make the public think the soldier can’t get a fair trial for deserting his post in Afghanistan in 2009.
During a pretrial hearing, defense attorneys played part of a video exhibit in which Trump repeatedly says at campaign appearances that Bergdahl is a “traitor” who should be harshly punished. Bergdahl’s lawyers argue the comments violate their client’s due-process rights and that the case should be dismissed.
The judge, Army Col. Jeffery Nance, didn’t immediately rule on the defense request, but called the footage of Trump condemning Bergdahl “disturbing material.” A written decision was expected later.
Bergdahl is charged with desertion and misbehavior before the enemy, the latter of which carries a maximum penalty of life in prison. He has been assigned to desk duty at a Texas Army base while awaiting trial. Bergdahl, who is from Idaho, has said he walked off his post to cause alarm and draw attention to what he saw as problems with his unit.
Defense lawyers played about five minutes of the footage in which Trump repeatedly used phrases such as “no-good traitor” to refer to the soldier who was held captive by the Taliban and its allies for five years.
Bergdahl sat mostly still during the video presentation, looking away at times. By the end of the footage, the muscles in Bergdahl’s jaw were visibly bulging as he apparently clenched his teeth.
Prosecutors say Trump’s comments amounted to campaign rhetoric against actions taken by the Obama administration to bring Bergdahl home.
“These comments are clearly intended to try to attack a political opponent for political gain,” said Army Maj. Justin Oshana, a prosecutor.
The Obama administration’s decision in May 2014 to exchange Bergdahl for five Taliban prisoners drew strong Republican condemnation.
Oshana said potential jurors’ exposure to Trump’s comments could be addressed in jury selection. He added that it would be unprecedented to dismiss the case without first trying to seat a jury.