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Listen along with us as This American Life's Serial podcast revisits the case of Army Sgt. Bowe Bergdahl of Hailey, Idaho.Bergdahl walked away from his unit in Afghanistan in 2009 and was captured, marking five birthdays in captivity before his release. Now, he awaits word on whether he will face a full military court-martial.Each week, reporters with the Idaho Statesman and Boise State Public Radio discuss Bergdahl's case, Serial's reporting and what happens when an Idahoan becomes the center of international news.

Why Bergdahl's Lawyers Want To Interview Donald Trump

John Locher
/
AP

You’ve likely heard the sound bites and watched the videos before

More than once, Donald Trump has suggested or implied that Sgt. Bowe Bergdahl should be executed for leaving his base in Afghanistan. Now, Bergdahl’s attorneys want to interview Trump, which could lead to him being deposed in the Army sergeant’s court martial. 

 

Bergdahl faces charges of desertion and misbehavior before the enemy - charges that could come with lifetime prison sentences. 

To retired Marine Corps Lieutenant Colonel JamesWeirick, the request from Bergdahl’s legal team is no surprise. Weirick was a military attorney, and says if Trump becomes president before Bergdahl’s court martial ends, something called “unlawful command influence” could come into play. He says that's when a military jury is swayed because a commanding officer or someone in the executive branch expresses their opinion about a case.

“That could be problematic because of those statements," says Weirick. "To be honest with you, this is really just very premature, but that being said lawyers do that all the time.” 

Weirick says right now the issue of Trump's possible deposition is not as big of a deal as the Internet is making it out to be.

Find Frankie Barnhill on Twitter @FABarnhill

Copyright 2016 Boise State Public Radio

Frankie Barnhill was the Senior Producer of Idaho Matters, Boise State Public Radio's daily show and podcast.

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