Bergdahl case presents early legal test of Trump rhetoric

RALEIGH, N.C. (AP) — A military court will 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 Obama administration's decision in May 2014 to exchange Bergdahl for five Taliban prisoners prompted some Republicans to accuse Obama of jeopardizing the nation's safety.

During his campaign, Trump made criticism of Bergdahl a staple of his campaign speeches, suggesting such outlandish punishments as returning him to the Middle East by throwing the soldier out of a plane without a parachute.

In 2013, a Navy judge cited comments by then-President Barack Obama when he said two defendants in sexual assault cases couldn't be punitively discharged if they were found guilty because of Obama's public comments about cracking down on sexual assault.

Eric Carpenter, a former Army lawyer who teaches law at Florida International University, said dismissing the charges "wouldn't be an unreasonable decision," but that military judges typically seek ways to keep cases moving.