Published January 21, 2017
A military court will be among the first to weigh the real-world consequences of President Donald Trump's fiery rhetoric as Army Sgt. Bowe Bergdahl argues he can't get a fair trial under his new commander-in-chief.
Minutes into the Republican president's term, lawyers for Bergdahl cited Trump's scathing criticism in a request to dismiss charges that Bergdahl endangered comrades by walking off his post in Afghanistan.
The motion filed Friday argues Trump violated his due process rights by repeatedly calling him a traitor.
The motion notes more than 40 instances of Trump's criticism at public appearances and in media interviews through August 2016.
Legal scholars say the defense makes a strong argument but the judge may feel pressure to keep the case alive.
https://www.foxnews.com/us/bergdahl-case-presents-early-legal-test-of-trump-rhetoric