Its a fundamental part of the military court martial process that a commander may not discuss a pending court martial. Anything a general says will prejudice the military jury. But, what happens when the commander speaking about a prominent court martial is a candidate for president? Donald Trump spoke often about Bowe Bergdahl. The candidate referred to him as a traitor many times and at least once, suggested he be dropped out of a plane. Candidate Trump is now Pres. Trump. His words have consequences.
SGT. Bergdahl’s lawyers have filed a motion claiming they cannot obtain a fair trial. The Army lawyers have responded that the use of the term “traitor” was not meant in a legal way, but in a “conversational” sense, whatever that might mean. They also argue that no reasonable person would interpret Candidate now Pres. Trump’s words as anything other than campaign rhetoric. Again, I do not know what that means. Words have consequences. The military lawyers cannot un-ring the bell. They cannot withdraw or undo Mr. Trump’s words. I am doubtful the Army authorities will accept that sort of explanation. See CBS news report. If these remarks had been made by a general, there is no question the court martial would be dismissed. Those sorts of remarks do indeed prejudice any potential military jury. That the remarks were made by a candidate for President might make a difference. We will see.
There is a reason why candidates for any office generally refrain from commenting about pending cases.