Bowe Berdahl's defense team told a military tribunal that he has been in "physical danger" for the last year because his fellow soldiers have spoken angrily to the public about claims Bergdahl betrayed his country. Bergdahl became a Taliban prisoner under suspicious circumstances in 2009, when he left a combat outpost in Afghanistan.
Bergdahl's civilian defense lawyer Eugene Fidell said former military and intelligence officers appearing in conservative news media had vilified Bergdahl and stoked hatred over social media such as Facebook over Bergdahl’s perceived misconduct while in captivity. Fidell provided examples from the "Bergdahl is a Traitor" page."In short, it has been 'open season' on SGT Bergdahl," wrote Fidell, a military law veteran and past-president of the National Institute of Military Justice, who is leading the soldier's defense. "His immediate commander believes he is in physical danger, and therefore has required since last year that he be accompanied by NCOs [non-commissioned officers] whenever he leaves Fort Sam Houston."
However, Bergdahl was found on a California marijuana farm when it was raided by police back in July of this year and he was not accompanied by any soldiers protecting him.
Bergdahl faces an Article 32 hearing later this week, where officers will discuss a court-martial for desertion and misbehavior before the enemy. He could face a life sentence if convicted.
"There is increasingly strong reason to doubt whether SGT Bergdahl can receive a fair trial given the prolonged barrage of opprobrium that has been heaped on him over the last year," Fidell wrote in a memo to Army officials today.
"I share his frustration that Bergdahl is being tried in the media," Geoffrey Corn, a retired Army judge advocate at South Texas College of Law, told ABC News. "He's not the first person or defense lawyer to deal with a public reaction and perception that vilifies his client."
