Professor Eric R. Carpenter continues his analysis of the Bowe Bergdahl case in Bergdahl case presents early legal test of Trump rhetoric, by Jonathan Drew writing for the Associated Press – The Big Story on January 21, 2017. The article focused on how the military court will now weigh whether President Donald Trump’s comments regarding Bergdahl has violated his due process rights. During his campaign, President Donald Trump criticized Bergdahl and commented on what used to happen to deserters.
Prof. Carpenter analyzed that “dismissing the charges ‘wouldn’t be an unreasonble decision,'” acknowledging, however, that military judges tend to want cases to move forward. Prof. Carpenter further commented that a military judge could give juror challenges wide deference and/or limit any punishment if Bergdahl was convicted.
Regarding President Trump’s commentary, Prof. Carpenter “said he expects the secretary of defense or military lawyer to give Trump advice on how to avoid comments that create problems for the military justice system[,]” adding that “‘Time will tell whether Trump would respond to that advice[.]'”
The full article can be read and accessed at Bergdahl case presents early legal test of Trump rhetoric.
Prof. Carpenter joined FIU Law in 2013. His research interests are in military justice, sexual violence against women, and capital litigation. To read Prof. Carpenter’s works, visit his Selected Works gallery.