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Sgt. Bowe Bergdahl’s defense team may call Donald Trump as a witness in their client’s court-martial proceedings, according to a court filing.
The attorneys argue that the presidential candidate’s frequent negative references to the Army sergeant are prejudicing the potential court martial panel.
“We’ve made no decision yet on whether to call Mr. Trump as a witness,” attorney Eugene Fidell told Bloomberg View on Friday. “We continue to monitor his defamatory statements.”
Bergdahl, 29, was arraigned at Fort Bragg, N.C., last month on charges of desertion and misbehavior before the enemy. The latter charge carries a potential life sentence, while the former can lead to the soldier’s imprisonment for up to five years.
Bergdahl left his post in Afghanistan in June 2009 and subsequently became a Taliban prisoner, until his release in May 2014 in exchange for the so-called “Taliban Five,” being held at the Guantanamo Bay.
Trump has been a harsh critic of the prisoner exchange of a “no-good traitor” for five top Taliban leaders, labeling it yet another example of the Obama administration’s gross failures.
“I’d fly him back and drop him right over the top.” Donald Trump sounds off on Bowe Bergdahl https://t.co/K1w9L7AqDa
— FOX & Friends (@foxandfriends) January 14, 2016
The candidate “vowed last month to review the soldier’s case if elected president, adding that similar incidents in the past have ended in military executions,” The Hill reported.
“Fifty years ago, what would’ve happened?” Trump asked during a rally in Las Vegas on Dec. 15, 2015.
“Boom,” he added, pretending to fire an imaginary rifle into the air.
Fidell wants Trump to stop speaking about Bergdahl in this light, or the public to be granted access to court documents in the case. “The court has not yet released a pretrial report by Major General Kenneth Dahl, which reportedly concludes that Bergdahl should not face any additional imprisonment related to his actions,” Bloomberg reported.
“Mr. Trump and the echo chamber that has amplified his voice beyond all reason have a right to free speech,” Fidell wrote in his court filing. “Simple fairness demands that Sgt. Bergdahl at least be able to defend himself by permitting public access in real time to documents that put the lie to the kind of character assassination to which he is being subjected.”
Bergdahl told investigators that he left his post to get the attention of people high in the chain-of-command, so he could air grievances about his unit, according to the Washington Post.
In an interview with Serial released last month, he said his plan was to travel from his outpost to higher headquarters, but got lost along the way.
h/t: TheBlaze
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