JUSTICE? Bowe Bergdahl lawyers likely to cite Trump in his defense.

Defense attorneys argue Mr. Trump violated Bergdahl’s due process rights by repeatedly calling him a “traitor” and making other harsh statements about the soldier. The defense motion, filed shortly after Mr. Trump was sworn in as president, cites more than 40 instances of Mr. Trump’s criticism at public appearances and media interviews through August 2016.

Bergdahl’s attorneys argue that potential jurors may feel obligated to agree with the new president and would have a hard time ignoring what he said.

Although Mr. Trump repeatedly said Bergdahl should face stiff punishment, even suggesting he be thrown out of a plane, prosecutors contend any reasonable observer would understand Mr. Trump’s comments amounted to campaign rhetoric and should not be taken literally.

They argue Mr. Trump’s use of the term “traitor” was not meant in the legal sense, but in a conversational way.

Bergdahl, who is from Idaho, has said he walked off his post to cause alarm and draw attention to what he saw as problems with his unit.

The worst problem with Bergdahl’s unit was Bergdahl.