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A three-judge Army Court of Criminal Appeals panel rejected the argument, 2-1, that President Trump’s tweets and public statements interfered with a fair trial for former Army Pvt. Bowe Bergdahl, who was captured by the Taliban and held for five years, Army Times reported.
Bergdahl’s attorneys had argued that Trump describing their client as “a no-good traitor who should have been executed” negatively influenced his case.
The article goes on to state the following:
Bergdahl was spared prison time over the abandonment of his post in Afghanistan — and unwitting trek into the clutches of the Taliban – and the subsequent endangerment of military comrades who participated in the lengthy search for him.
The Army appeals court opinion by Judge Saladino and Judge Ewing states, in part:
“Appellant contends unlawful command influence [UCI] was so endemic to appellant’s trial and the post-trial processing that appellant was denied a fair trial, or fair post-trial processing, or the appearance thereof. Appellant also alleges that the charge of misbehavior before the enemy failed to state an offense as drafted. 2 We disagree.
“Although there was some evidence of unlawful command influence adduced at trial and in the post-trial process, the government met its burden to demonstrate that an objective disinterested observer would not harbor a significant doubt as to the fairness of the proceedings.”
President Trump’s comments deriding Bowe Bergdahl throughout his repatriation and trial did not constitute unlawful command influence, an Army appeals court found in a ruling https://t.co/ga4hrMqkUG
— CNN (@CNN) July 18, 2019
— Steve Vladeck (@steve_vladeck) July 16, 2019
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