Bowe Bergdahl's Attorneys Move for Case Dismissal

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 In this undated image provided by the U.S. Army, Sgt. Bowe Bergdahl poses in front of an American flag.

Throughout his campaign, Donald Trump repeatedly referred to Army Sergeant Bowe Bergdahl as a "dirty rotten traitor" and a deserter, who deserved to be shot. Bergdahl, who in 2009 walked off his post in Afghanistan and was captured and held captive by the Taliban, was part of a prisoner exchange orchestrated by the Obama administration in 2014. He now faces a court-martial for desertion. 

At a pretrial hearing on Monday, Bergdahl's defense attorneys showed the military judge excerpts from a 30 minute long video they compiled of Trump's repeated denouncement of Bergdahl in interviews and speeches while campaigning for president. They have filed a motion to have the case dismissed on the grounds that he will not be able to get a fair trial based on Trump's repeated campaign rhetoric and his current position as Commander-in-Chief. 

The military judge watched several minutes of the video and called it "disturbing material." He has yet to rule on whether or not to dismiss the case.

Rachel Van Landingham, is a retired Air Force lawyer and professor at Southwestern Law School in Los Angeles. She's also vice-president at the National Institute of Military Justice.