RALEIGH, N.C. -- Donald Trump's ideas for punishing Army Sgt. Bowe Bergdahl include that he "should have been executed," someone should "throw him out of a plane" without a parachute or he should be dropped in terrorist territory "before we bomb the hell out of ISIS."
Bergdahl's defence attorneys say Trump's attacks are damaging his chances for a fair trial, saying the Republican presidential front-runner keeps repeating false information in front of large audiences.
Bergdahl, who walked off a base in Afghanistan in 2009, faces charges of desertion and misbehaviour before the enemy, the latter of which carries up to a life sentence. He was held five years by the Taliban and its allies before a swap involving five Guantanamo Bay detainees, prompting criticism from some in Congress that the move threatened national security.
Trump is the most vocal critic to pressure the military to punish Bergdahl, though several experts say it's unlikely his comments alone can convince the judge that the soldier's due process rights were violated.
"When they get that kind of media attention, it gets information in front of a jury," said Philip Cave, a retired Navy attorney who's not involved in the case. "There is concern that all of this information ... prejudices Bergdahl in getting a fair trial."
Court documents show Bergdahl's attorneys intend to use statements from their client's critics to bolster their case. They also sent a letter warning Trump they may seek his testimony.
Bergdahl's lawyer Eugene Fidell said Thursday that Trump hasn't responded.
Trump's attacks on Bergdahl are noted in what the defence calls a "Trump Defamation Log" included in the court record. A recent version contained 30 instances through January.
Also problematic is Trump's repetition of debunked claims.
Trump has repeatedly said lives were lost during the search for Bergdahl, even though the Pentagon has said no soldiers died looking for him. The candidate frequently calls Bergdahl a "dirty, rotten traitor," but a general who investigated the case found no evidence Bergdahl was sympathetic to the other side.
A spokeswoman for Trump didn't return messages seeking comment Thursday.
The negative statements add to "the very real possibility that it will be difficult to obtain a fair court-martial for Sgt. Bergdahl," said Rachel VanLandingham, an associate law professor at Southwestern Law School in Los Angeles and former Air Force lawyer.
The defence could argue Bergdahl's due process rights were violated because negative publicity poisoned the jury pool. But she doubts the trial judge would rule in their favour, saying: "unfair in reality and unfair in legal due process terms are often different things."
Cataloguing Trump's negative comments in the court record may give defence attorneys a tool to shape the jury, which would consist of Army members, legal experts say. Bergdahl could also choose trial by judge alone.
Defence attorneys will have a chance to question potential jurors about Trump and ask the judge to remove any who admit biases, said Eric Carpenter, an assistant professor of law at Florida International University.
