Bergdahl walked off his base in 2009 and was held captive for nearly five-years, before he was released as part of a controversial prisoner swap in 2014. After a lengthy investigation into the circumstances of his disappearance, Bergdahl was charged in 2015 with desertion and misbehavior before the enemy. He is currently awaiting a court-martial scheduled to begin in February 2017.
The motion filed on Monday cites a number of statements by Sen. McCain over the past year related to the Bergdahl case. For example, the motion refers to a comment made by Sen. McCain during a campaign event in October 2015 for then-GOP presidential primary contender Sen. Lindsey Graham.
“If it comes out that [SGT Bergdahl] has no punishment, we’re going to have a hearing in the Senate Armed Services Committee,” McCain said, according to the motion. “… And I am not prejudging, OK, but it is well known that in the searches for Bergdahl, after — we know now — he deserted, there are allegations that some American soldiers were killed or wounded, or at the very least put their lives in danger, searching for what is clearly a deserter. We need to have a hearing on that.”
In the motion, the attorneys argue this statement, along with additional remarks made by Sen. McCain, constitutes the improper interference of Congress in a court-martial proceeding.
“It is difficult to imagine a more blatant threat to the fair administration of military justice than the one Sen. McCain uttered,” the motion states.
The attorneys further argue the remarks, and especially the “threat” of a hearing, call into question the fairness the proceedings against Bergdahl.
The motion states, “The court should dismiss with prejudice both charges and the specification thereunder because any other action would leave a cloud over the independence of the proceedings and deny SGT Bergdahl due process of law under the Fifth Amendment.”
In the alternative, the motion argues a “no punishment” order is warranted in the event it is decided to proceed with the court-martial.
READ the MOTION HERE:
Bowe Bergdahl Motion to Dismiss