Sgt. Bowe Bergdahl's last stand

Posted at 10:17 PM, Feb 14, 2017
and last updated 2017-02-15 00:17:52-05

Could a court date at Fort Bragg be Sgt. Bowe Bergdahl's last stand?

In April, Bergdahl is scheduled for a court martial hearing on charges of desertion and misbehavior in front of the enemy. But could the Commander in Chief be his ace in the hole? His defense team thinks so.

When Donald Trump the candidate was on the campaign trail, he numerously referred to Bergdahl as a traitor, and he wasn't shy about sharing his negative opinion about the Hailey native. But now, Candidate Trump is President Trump and those words could come back to haunt him.

Lead defense attorney Eugene Fidell had this to say about Trump's comments. "We move to dismiss the charges on the grounds that President Trump's comments made repeatedly across the country make it impossible for him to to get a fair trial."

Not going to happen says Army prosecutors. However Eric Carpenter, a former Army lawyer who teaches at Florida International University said potential jurors could already be influenced. "The prosecution is in a tough spot. These statements are really indefensible, and they have the job of defending them., No one in the administration has disavowed those comments, so the comments still have life."

Fidell says Bergdahl deserves better. "You know, he spent the better part of a decade of his young life either in enemy hands or in a holding pattern at Fort Sam Houston. This is not a lot of fun, it's something that should be brought in for a landing to be perfectly honest."

For now, Bergdahl who remains at Fort Sam Houston, will have to do what he's become accustomed to, and that's waiting.