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All of these instances where donald trump called out bowe bergdahl, called him a traitor. you set the rest of my tape. now, they are saying that because he is a commander in chief, he has something called unlawful command influence, meaning that in a military court, he will basically taint the jury. they will all say, whether they voted for donald trump or not, they are under his command and that they will be swayed by his opinion about this case. >> bill: they want the case dismissed. >> they want the case dismissed. >> bill: but he didn't say those things while he was commander-in-chief. tha...

All of these instances where donald trump called out bowe bergdahl, called him a traitor. you saw the rest on that tape. now they are saying that because he is a commander in chief, he has something called unlawful command influence, meaning that in a military court, he willet basically taint the jury. that they will all say, whether they voted for donald trump or not, that they are under his command and that they will be swayed by his opinion about this case.. >> bill: they want the casend dismissed. >> they want the case dismissed. >> bill: based on --se but he didn't say those things while ...

Those on any jury, it would be a jury truly of his peers, they would be active duty military personnel. under the code of military justice, there's a rule that prevents any kind of command influence. for example, if a high-ranking general says i think he's guilty, that would be considered command influence and could throw out the charges altogether. unfortunately for bergdahl, he's involved, too, now in a political battle between the republicans on capitol hill and the white house, first over the release of those prisoners and then the defense attorney for bergdahl has accused congress, republ...

Should have fired people or made changes and not violate good order and discipline and jump his chain of command and go all the way down to the source agency. and the other thing is, this brings up, something that is analogous to unlawful command influence on the ucmj side, uniform code of military justice side. there unlawful command influence, someone who bears man tell of authority gives the perception or actually does try to influence the outcome of something. so, you know, it is not good. there needs to be an investigation. and find out why these whistle-blowers got together whether it is...

Forces by anybody. i mean, that's a, was a significant effort by our armed forces. knowing, as little as they did, but planning it as well as they did, and having the outcome as positive as it was. so thank you. >> i agree. my next question is for mr. preston. with the heightened media attention, how will you insure sergeant bergdahl receives a fair investigation? >> thank you. we will pursue our full policies and practices with respect to investigations and follow-on actions. a key element of that is avoiding what is referred to as unlawful or undue command influence. so you will see that the...