Bowe Bergdahl files court martial complaint, claims Trump and John McCain pressured military

Bergdahl’s defense says Senator McCain’s leadership position on the Senate Armed Services Committee gave him illegal commanding influence on his court martial.

BOISE, Idaho Bowe Bergdahl, a US Army soldier from Idaho who quit his post to protest his command and was held captive by the Taliban for five years, filed a lawsuit against his court martial, claiming that former President Donald Trump and the senator filed a lawsuit against his court martial. John McCain used their influence to influence this trial and that one of the judges in his case failed to reveal he was going to take a job in the Department of Justice.

Bergdahl was stationed in Afganistan’s Paktika Province when he planned to run 20 miles to a nearby forward operating base to voice concerns about serious issues within his unit with a general. A few minutes after crossing the wire, he was captured by the Haqqani network, affiliated with the Taliban.

According to the complaint, “During the first year of his captivity, the Taliban regularly whipped the complainant (Bergdahl) with copper cables, heavy rubber hoses and the buttocks of their AK-47 assault rifles; burnt the bottom of his feet with matches; and forced him to watch execution videos while threatening to behead him. “

After he was chained to a metal bed frame, terrorists left him in an iron cage, chained and hung on the ground for four years, where he “was left to rot”.

He was released by the Taliban-linked group as part of a prisoner exchange.

His complaint explains that the years in prison have damaged his sanity and that a dishonorable accusation prevents him from using any of the health benefits provided by the military.

He was sentenced to a dishonorable discharge, demotion to the lowest salary rank in the enlistment, and a loss of $ 10,000 in salary on November 3, 2017. The sentence was upheld on June 4, 2018.

Then-President Trump tweeted on November 3, 2017 that “the decision regarding Sergeant Bergdahl is a total and utter disgrace to our country and our military.”

Bergdahl’s defense says Senator John McCain’s leadership position on the Senate Armed Services Committee gave him illegal commanding influence on his court martial. When Bergdahl returned to the state side, McCain immediately voiced his views, saying;

“This decision to bring [him] and we applaud that he is ill-founded with him. . . this is a mistake, and it takes the lives of American men and women [sic] at risk. And that for me is unacceptable. He also said that I would not have made this deal. . . . I would not have put the lives of the American military in danger in the future.

His defense adds that McCain pressured the Department of Defense to change course on its policy of not indicting military personnel held captive by the enemy, which has been DoD policy since the Vietnam War, during which McCain was a prisoner of war.

“In 2014 and early 2015, its staff repeatedly insisted on the military regarding its impeachment decision making, demanding information on the pay status of the plaintiffs, the pay related to captivity. and other rights, closely monitoring the pre-trial processing of the charges against the plaintiff and requiring regular progress reports. “

The defense also lists other instances where McCain said Bergdahl should be punished and complied with a video of Trump, before and after he was sworn in as president and commander-in-chief of the armed forces, making derogatory comments about Bergdahl.

The court record also points out that his court martial was overseen by Jeffery Nance, who did not disclose that they applied for a job as an immigration judge at the Department of Justice, that he used his role in Bergdahl’s case and that he denied Bergdahl his claim for unlawful influence of command in part of his claim.

According to the complaint,

“By failing to disclose his candidacy for a position and indicating that he was simply going to retire, then invoking this to reject the UCI’s renewed petition, Judge Nance

a) concealed significant financial interest;

(b) precluded the plaintiffs from holding a voir dire, challenging him for cause, reconsidering his pleas and his decision to waive a jury trial; and so

c) denied him a fair trial by an impartial judge as guaranteed by the Fifth Amendment. “

The Ministry of Justice is headed by the Attorney General, who is a member of the President’s cabinet and advises the President on all legal matters, including military justice.

The lawsuit asks the court to overturn his conviction and sentence, states that he was convicted in violation of the Fifth Amendment, and grants other remedies when and how appropriate.

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