Alleged Army deserter Bowe Bergdahl goes to court for a final pre-trial hearing

Army Sgt. Bowe Bergdahl was due in court Sept. 27 for his final pre-trial hearing before he faces court-martial on charges that he endangered comrades by walking off his post in Afghanistan in 2009.

A military judge at Fort Bragg in North Carolina will hear arguments on several motions including a defense effort to get more information about discussions between a prosecutor and the Trump administration.

Lawyers are also expected to give the judge, Army Col. Jeffery R. Nance, updates on preparations for the Oct. 23 trial. Several previous trial dates were delayed by the exchange of classified evidence.

 A gavel sits on display in a military courtroom Jan. 29, 2014, at Dover Air Force Base. USAF photo by Airman 1st Class William Johnson.

A gavel sits on display in a military courtroom Jan. 29, 2014, at Dover Air Force Base. USAF photo by Airman 1st Class William Johnson.

The pretrial hearing, which could extend into Sept. 28, is the last one scheduled before the trial.

Bergdahl faces charges of desertion and misbehavior before the enemy, the latter of which carries a maximum sentence of life in prison. Bergdahl has chosen trial by a judge alone, rather than a military jury.

In late August, the defense filed several motions including arguments that charges against Bergdahl are unfairly duplicative and that his enlistment was improperly extended by more than a decade so he could be prosecuted. The motions seek to dismiss some or all charges, but legal scholars have said defense attorneys face an uphill battle with them.

The defense is also seeking more information about a meeting between one of the prosecutors and the Trump administration. They asked the court for unredacted copies of emails related to the meeting as well as the ability to interview the prosecutor about it.

Photo from Wikimedia Commons.

Photo from Wikimedia Commons.

Defense lawyers previously argued that Bergdahl couldn’t get a fair trial because of negative comments President Donald Trump made on the campaign trail. But Nance rejected a defense request to dismiss the case over Trump’s criticism of Bergdahl.

The government has acknowledged that a prosecutor had discussions with a lawyer for the National Security Council about the defense efforts to derail the case over Trump’s comments. But they said the White House has given no instructions to prosecutors about how to conduct the case.

Prosecutors also argued that further information about the conversations is irrelevant to the case, especially since the judge has already rejected Trump-related arguments by the defense.

USAF photo by Tech. Sgt. Samuel Morse.

USAF photo by Tech. Sgt. Samuel Morse.

Bergdahl was captured by the Taliban shortly after he left his remote post in 2009. The soldier has said he intended to cause alarm and draw attention to what he saw as problems with his unit.

He was freed from captivity in 2014 in exchange for five Taliban prisoners. Former President Barack Obama was criticized by Republicans who claimed the trade jeopardized the nation’s security.

Bergdahl, who is from Hailey, Idaho, has been assigned to desk duty at a Texas Army base pending the outcome of his legal case.

TOP ARTICLES
This is how missing or captured troops get promoted

According to the Department of Defense, prisoners of war and those under missing status continue to be considered for promotion along with their contemporaries.

6 reasons Charleston might be America's most gung-ho military city

From Charles Towne Landing to the Medal of Honor Museum, go grab a pint where George Washington drank and read about the military legacy of South Carolina's Atlantic jewel.

This is how long South Korea thinks it will take to conquer the North

South Korea says they are developing new plans to defend against advancing North Korean threats after a data breach left their outdated plans vulnerable.

This stunning video shows how well 100-year-old ammo works today

While original 1911 pistols surely still function today, turns out so does the ammo from that era.

This could be the Army's next rifle — and it's totally awesome

Textron debuted its newest rifle, the Intermediate Case-Telescoped Carbine, at AUSA. It's lighter and more deadly than the current M4.

16 jokes Germans could die for telling under the Nazi regime

The Nazi Party was well short of a majority when it came to power. So it's easy to believe that not everyone was a big fan of Hitler or his ideas.

These really smart people say bigger is better when it comes to building aircraft carriers

In an effort to reduce its fiscal footprint, the Navy is looking at making smaller ships. But these defense researchers say it's a terrible idea.

Now that ISIS is on the ropes, these guys have turned the guns on each other

Two US allies, which were armed and trained by US forces, have turned their weapons on each other, and there isn't much the US can do about it.

This is the definitive history of the world's most advanced fighter jet

The new F-22A Raptor fighter jet is the most advance fighter jet in the world, and it dominates on every level imaginable.

This is how the $102 million B-1A almost replaced the B-52

The plan was to buy 240 B-1As to replace the B-52 as the Air Force's primary strategic bomber, but eventually, they each found their place in the force.