Bergdahl appeals court-martial over Trump, McCain comments

[TomSlick]

2. The article is far from clear but

if, as it appears, the Complaint was filed in federal district court, I will be shocked if the Complaint survives a motion to dismiss.

The civilian courts will almost always defer to the military court system - the final steps of which are the U.S. Court of Appeals for the Armed Forces (CAFF), which has civilian judges, and a writ of certiorari to the U.S. Supreme Court.

I assume that unlawful command influence was raised at the court-martial and at least the Army Court of Criminal Appeals and a petition for review to the U.S. Court of Appeals for the Armed Forces. The Army Court and CAFF have a long history of taking unlawful command influence very seriously.

The conviction is res judicata and likely unassailable in the district court.