Lawyers for accused deserter Bowe Bergdahl have filed a third appeal in his case, now asserting that President Trump’s comments during the 2016 campaign season that he’s a “dirty, rotten, no good traitor,” could taint his ability to get a fair trial.
Bergdahl’s argument states that Trump used “unlawful command influence” to sway opinion involving his case. A military judge declined to dismiss the case on the same grounds, while an appellate court, the U.S. Army Court of Criminal Appeals, upheld the ruling.
Now the case moves on to the highest military court, the U.S. Court of Appeals.
Via Fox News:
Attorneys for accused Army deserter Bowe Bergdahl took their third shot Thursday at getting his case tossed, once again arguing that President Trump blew their client’s chance of a fair trial when he called the sergeant and former Taliban captive “a dirty, rotten traitor.”
In a 50-page appeal to the United States Court of Appeals for the Armed Forces, Bergdahl’s legal team argued that the “unprecedented circumstances” of then-candidate Trump calling Bergdahl a traitor and suggesting he should be executed create an “unlawful command influence.”
The term refers to a military legal concept in which someone in authority attempts to influence military judicial proceedings.
Bergdahl is widely speculated to have deserted his platoon in Afghanistan, and several men died searching for him after he left his post in June of 2009.
“Frankly, I would take that son of a b****, I’d fly him back and drop him right over the top,” Trump added to raucous applause.
“I think [Trump] was speaking with reckless indifference to the consequences of what he was saying,” Bergdahl’s lawyer charges. “As a citizen, I find it deeply disturbing that anyone could blow off comments a candidate for the nation’s highest office makes on the basis that they are simply campaign rhetoric.”
Do you think Bergdahl’s trial should be dismissed due to Trump’s comments? Share your thoughts with us below.
Its pass time to put this traitor in the jug. Back in WW2 they did not take years to put one down. Its a big shame to let someone as him free as long as this.
bergdahl is a traitor and went AWOL while deployed. It caused lives and injuries to those who went looking for him. And bergdahl was NOT a prisoner but went looking for the enemy. I watched the video when the terrorists handed him over and there was one who was patting his shoulder and talking and being real chummy with him so I do NOT believe a word he says. He should have been tried long before now and convicted of treason.
bergdahl is a traitor and went AWOL while deployed. It caused lives and injuries to those who went looking for him. And bergdahl was NOT a prisoner but went looking for the enemy. I watched the video when the terrorists handed him over and there was one who was patting his shoulder and talking and being real chummy with him so I do NOT believe a word he says. He should have been tried long before now and convicted of treason.
Well nothing left for me to say. Every one else said it all.
Retired USAF, Vietnam Vet,
I believe that we were officially at war in Afghanistan when Bergdahl deserted his post.
The penalty is clear. GOP CANDIDATE Trump had no “Command Influence” at the time.
I believe that we were officially at war in Afghanistan when Bergdahl deserted his post.
The penalty is clear. GOP CANDIDATE Trump had no “Command Influence” at the time.
Hey Bergdahl.. you ARE a dirty rotten no good traitor. That was established way before Trump was even thought of as president. He only spoke the truth. THE TRUTH? YOU CAN’T HANDLE THE TRUTH! You should be shot at sunrise for causing others deaths while they searched for your sorry ass. And lets not forget that our great ex leader traded 5 terrorists for your worthless ass. You wouldn’t be worth the spit it would take to wet a flea.
No, I don’t. I thought what Trump said, as soon as I heard he was missing from his post. And, so did the majority of Americans. He needs to be found guilty, his citizenship removed, then go to prison for being a traitor. Trump’s statement has nothing to do with it.
No, I don’t. I thought what Trump said, as soon as I heard he was missing from his post. And, so did the majority of Americans. He needs to be found guilty, his citizenship removed, then go to prison for being a traitor. Trump’s statement has nothing to do with it.
Eh, Phred . . . you forgot the Spanish Inquisition, the Salem Witch Hunts, the Trail of Tears, and the Challenger disaster. Probably better take a second look at the sinking of the Titanic and burning of the Graf Hindenburg too. God only knows what an honest, non-politician public servant is likely to pull.
Blame Trump for everything. He probably started WW1 and WW2 and I am sure he was responsible for the Jewish holocaust.
There is no doubt that the defense must ensure the accused receives a fair trial. Today it is a trend towards getting away with murder. The poor little boy can’t be responsible because of what someone said. To me, treason is a serious matter, with no excuse for the accused’s action. If you do the crime, you do the time. Remember that?
There is no doubt that the defense must ensure the accused receives a fair trial. Today it is a trend towards getting away with murder. The poor little boy can’t be responsible because of what someone said. To me, treason is a serious matter, with no excuse for the accused’s action. If you do the crime, you do the time. Remember that?
So. Most of the country have said the same thing. To quote his “rescuer’s” cohort in crime, “what difference does it make now”. He deserted his post. Men died because of his desertion. He seemed well taken care of for a “prisoner”.
He is a traitor and should be shop by a firing squad.
He is a traitor and should be shop by a firing squad.
He should be shot. But, I would be satisfied if he was sentenced to Life, no parole, solitary……in a cell beside BHO, HRC, BC……..in an OUTHOUSE BASEMENT!!!!
Time for that traitor to stop wearing the uniform.
Time for that traitor to stop wearing the uniform.
As a Veteran I always learned that traitors got shot for leaving their post during War time.
Lawyers for accused deserter Bowe Bergdahl have filed a third appeal in his case, now asserting that President Trump’s comments during the 2016 campaign season that he’s a “dirty, rotten, no good traitor,” could taint his ability to get a fair trial.
As a prior service man this statement about being a “dirty, rotten, no good traitor,” is true against Bowe Bergdahl. He left his weapon at his post and walked away leaving his brothers in arm unprotected. What he did is a total disgrace to the uniform, his brothers in arm and to this Great Nation of America.
Bowe Bergdahl is a legal COWARD, deserter, liar and went to the camp of the enemy and was there till traded by Obama for several terrorists for one deserter. Obama disgrace America by trading him, but what did we the people expect from a muslim traitor squatting in the oval office. Obama would protect any muslim from our Military Personal.
Actually Bowe Bergdahl should have been shot on site, that what a deserter deserves in war time.
SOCIALISM in DC under Obama ghe muslm camel butt.
SOCIALISM in DC under Obama ghe muslm camel butt.
Why has this traitor not gone to trial yet?
Why has this traitor not gone to trial yet?
he is/was a traitor to the USA and his fellow service men/women…he definitely DOES NOT deserve anything except jail….
Bergdahl is a traitor, clear and simple and any comments made about him by anyone are irrelevant. He should be prosecuted by the military.
Bergdahl is a traitor, clear and simple and any comments made about him by anyone are irrelevant. He should be prosecuted by the military.
I forgot deserter in the face of the enemy. He is covered by the UCMJ, NOT the Constitution!
Oh, but he does deserve something else. A brand new hemp rope tied with a fancy thirteen loop noose at the end to wear for his necktie.
Oh, but he does deserve something else. A brand new hemp rope tied with a fancy thirteen loop noose at the end to wear for his necktie.
I agree with you. I also believe Jane Fonda should have been tried as a traitor and sent to jail for a long, long time.
I agree with you. I also believe Jane Fonda should have been tried as a traitor and sent to jail for a long, long time.
As a veteran he should be shot as a traitor, giving aid and comfort to the enemy and for aiding and abetting!!! He’s also responsible for the deaths of the brave men that were killed looking for his sorry butt!!!
Mustafa, you are absolutely correct about the lying news media. The news media today would even embarrass Joseph Goebbels. Perhaps it is time to revise the libel laws to hold the media accountable for their lies. It is also time to require an occupational license for journalists to practice their profession. When physicians commit egregious malpractice they lose their license. The same should happen to journalists.
Mustafa, you are absolutely correct about the lying news media. The news media today would even embarrass Joseph Goebbels. Perhaps it is time to revise the libel laws to hold the media accountable for their lies. It is also time to require an occupational license for journalists to practice their profession. When physicians commit egregious malpractice they lose their license. The same should happen to journalists.
Nothing that Trump or anyone else says about Bergdahl changes evidence of his guilt or innocence. Given the high unreliability of news reporting these years, the only thing I have been led to believe is that Bergdahl willfully did something against regulations that put him in opposition hands, and other men died in a failed attempt to recover him. Either he did – or he did not. That is what the military court must determine – and nothing anybody says about it later alters the basic facts.This is strictly a military matter – which should not be in public domain and should be kept isolated from public opinion. It may have been inappropriate for Trump to comment on it (as a private citizen at the time) – but that does not alter the evidence.
I am a combat wounded 100% disabled veteran
I am a combat wounded 100% disabled veteran
it is in my opinion-he is guilty and got other soldiers killed !
TRUMP was not the commander if and when he said that! if bergdahl didnt desert as a coward he would not be going to trial-tainted or not! people of the jury-use your damn BRAINS!!
TRUMP was not the commander if and when he said that! if bergdahl didnt desert as a coward he would not be going to trial-tainted or not! people of the jury-use your damn BRAINS!!
ABSOLUTELY NOT. His going to see his neighbors caused a man to die and several other lives put in jeopardy. He was AWOL and deserves to be punished for that and abetting in one of his brothers being killed. Nothing Trump said had anything to do with that or his verdict. I hope his appeal doesn’t go the way he wants.
Its pass time to put this traitor in the jug. Back in WW2 they did not take years to put one down. Its a big shame to let someone as him free as long as this.
bergdahl is a traitor and went AWOL while deployed. It caused lives and injuries to those who went looking for him. And bergdahl was NOT a prisoner but went looking for the enemy. I watched the video when the terrorists handed him over and there was one who was patting his shoulder and talking and being real chummy with him so I do NOT believe a word he says. He should have been tried long before now and convicted of treason.
Well nothing left for me to say. Every one else said it all.
Retired USAF, Vietnam Vet,
I believe that we were officially at war in Afghanistan when Bergdahl deserted his post.
The penalty is clear. GOP CANDIDATE Trump had no “Command Influence” at the time.
Hey Bergdahl.. you ARE a dirty rotten no good traitor. That was established way before Trump was even thought of as president. He only spoke the truth. THE TRUTH? YOU CAN’T HANDLE THE TRUTH! You should be shot at sunrise for causing others deaths while they searched for your sorry ass. And lets not forget that our great ex leader traded 5 terrorists for your worthless ass. You wouldn’t be worth the spit it would take to wet a flea.
No, I don’t. I thought what Trump said, as soon as I heard he was missing from his post. And, so did the majority of Americans. He needs to be found guilty, his citizenship removed, then go to prison for being a traitor. Trump’s statement has nothing to do with it.
Blame Trump for everything. He probably started WW1 and WW2 and I am sure he was responsible for the Jewish holocaust.
Eh, Phred . . . you forgot the Spanish Inquisition, the Salem Witch Hunts, the Trail of Tears, and the Challenger disaster. Probably better take a second look at the sinking of the Titanic and burning of the Graf Hindenburg too. God only knows what an honest, non-politician public servant is likely to pull.
There is no doubt that the defense must ensure the accused receives a fair trial. Today it is a trend towards getting away with murder. The poor little boy can’t be responsible because of what someone said. To me, treason is a serious matter, with no excuse for the accused’s action. If you do the crime, you do the time. Remember that?
So. Most of the country have said the same thing. To quote his “rescuer’s” cohort in crime, “what difference does it make now”. He deserted his post. Men died because of his desertion. He seemed well taken care of for a “prisoner”.
He is a traitor and should be shop by a firing squad.
He should be shot. But, I would be satisfied if he was sentenced to Life, no parole, solitary……in a cell beside BHO, HRC, BC……..in an OUTHOUSE BASEMENT!!!!
Time for that traitor to stop wearing the uniform.
As a Veteran I always learned that traitors got shot for leaving their post during War time.
Lawyers for accused deserter Bowe Bergdahl have filed a third appeal in his case, now asserting that President Trump’s comments during the 2016 campaign season that he’s a “dirty, rotten, no good traitor,” could taint his ability to get a fair trial.
As a prior service man this statement about being a “dirty, rotten, no good traitor,” is true against Bowe Bergdahl. He left his weapon at his post and walked away leaving his brothers in arm unprotected. What he did is a total disgrace to the uniform, his brothers in arm and to this Great Nation of America.
Bowe Bergdahl is a legal COWARD, deserter, liar and went to the camp of the enemy and was there till traded by Obama for several terrorists for one deserter. Obama disgrace America by trading him, but what did we the people expect from a muslim traitor squatting in the oval office. Obama would protect any muslim from our Military Personal.
Actually Bowe Bergdahl should have been shot on site, that what a deserter deserves in war time.
Why has this traitor not gone to trial yet?
SOCIALISM in DC under Obama ghe muslm camel butt.
he is/was a traitor to the USA and his fellow service men/women…he definitely DOES NOT deserve anything except jail….
Bergdahl is a traitor, clear and simple and any comments made about him by anyone are irrelevant. He should be prosecuted by the military.
I forgot deserter in the face of the enemy. He is covered by the UCMJ, NOT the Constitution!
As a veteran he should be shot as a traitor, giving aid and comfort to the enemy and for aiding and abetting!!! He’s also responsible for the deaths of the brave men that were killed looking for his sorry butt!!!
I agree with you. I also believe Jane Fonda should have been tried as a traitor and sent to jail for a long, long time.
Oh, but he does deserve something else. A brand new hemp rope tied with a fancy thirteen loop noose at the end to wear for his necktie.
Nothing that Trump or anyone else says about Bergdahl changes evidence of his guilt or innocence. Given the high unreliability of news reporting these years, the only thing I have been led to believe is that Bergdahl willfully did something against regulations that put him in opposition hands, and other men died in a failed attempt to recover him. Either he did – or he did not. That is what the military court must determine – and nothing anybody says about it later alters the basic facts.This is strictly a military matter – which should not be in public domain and should be kept isolated from public opinion. It may have been inappropriate for Trump to comment on it (as a private citizen at the time) – but that does not alter the evidence.
Mustafa, you are absolutely correct about the lying news media. The news media today would even embarrass Joseph Goebbels. Perhaps it is time to revise the libel laws to hold the media accountable for their lies. It is also time to require an occupational license for journalists to practice their profession. When physicians commit egregious malpractice they lose their license. The same should happen to journalists.
I am a combat wounded 100% disabled veteran
it is in my opinion-he is guilty and got other soldiers killed !
TRUMP was not the commander if and when he said that! if bergdahl didnt desert as a coward he would not be going to trial-tainted or not! people of the jury-use your damn BRAINS!!
ABSOLUTELY NOT. His going to see his neighbors caused a man to die and several other lives put in jeopardy. He was AWOL and deserves to be punished for that and abetting in one of his brothers being killed. Nothing Trump said had anything to do with that or his verdict. I hope his appeal doesn’t go the way he wants.