Bergdahl lawyers: Trump attacks damage chances of fair trial

RALEIGH, N.C. (AP) — 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 defense attorneys argue 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.

A Feb. 4 motion filed seeking public release of the general's investigation sheds light on defense strategy regarding damaging public statements.

The lawyers write that they plan to file a motion alleging McCain's statements unlawfully influenced the case, according to the document, which says potential witnesses have refused to speak to them because of negative publicity.

Cataloguing Trump's negative comments in the court record may give defense attorneys a tool to shape the jury, which would consist of Army members, legal experts say.

Defense 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 who served as an Army prosecutor and defense attorney.