Bergdahl judge mulls dismissing case over McCain comments

[spanone]

Fort Bragg, North Carolina (CNN)Defense attorneys for Army Sgt. Bowe Bergdahl sought to have charges against their client dismissed Tuesday, arguing that comments made by Sen. John McCain could prevent a fair trial.

Speaking to The Boston Herald in October, McCain said that he would hold a congressional hearing if Bergdahl wasn't punished during his military trial. In the same interview, the Arizona Republican added that Bergdahl "clearly deserted" his post.

Bergdahl is facing a court martial for charges of desertion and misbehavior before the enemy after he disappeared from his base in Afghanistan in June 2009. He was captured and held in captivity by the Taliban until a prisoner exchange in May 2014.

In what he referred to as the "McCain motion," lead defense attorney Eugene Fidell said that the comments by the senator not only create a more favorable landscape for military prosecutors but also fall under the category of "unlawful command influence" and could sway the opinion of the convening authority in the case, Army Gen. Robert Abrams, commanding general of Forces Command, the military official overseeing the process of bringing charges against Bergdahl.

http://www.cnn.com/2016/08/23/politics/bergdahl-court-martial-judge-mccain-comments/index.html

[Tommy_Carcetti]

1. Just discharge the guy and be done with it.

He spent 5 years as a Taliban prisoner. That's punishment enough. Why are they belaboring the point?

[spanone]

3. mccain's hate and pre-judgement might just set bergdahl free

that would be some karma

[brer cat]

6. I agree, Tommy.

McCain and others are being very vindictive.

[Wellstone ruled]

2. McGrump needs his pound of flesh.

After all,he is working on his Legacy or lack there of.

[yallerdawg]

4. Bergdahl was held by the enemy for 5 years.

McCain has lost whatever "soul" he may have ever had.

[lame54]

5. he's already done his time

[JI7]

7. punished for what ?

[madville]

8. President Obama did a similar thing in 2013

When he made comments regarding sexual assault in the military. Defense counsels immediately filed motions for dismissal in existing military sexual assaults cases due to command influence and some were successful.

[Dawson Leery]

9. McCain is spoiled.