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The motion filed
by Bergdahl's attorney Eugene Fidell with a military appeals
court argued that General Mark Milley's nomination to serve as
the Army's chief of staff could impact the case, especially with
Milley needing Senate confirmation to become the service's top
officer.
Bergdahl was released in May 2014 in a prisoner swap with the
Taliban after five years in captivity.
Many Republican lawmakers condemned the deal the Obama
administration reached that brought Bergdahl home, calling it
irresponsible. Republicans control the Senate.
Milley is serving as the "convening authority" overseeing the
case.
"A convening authority exercises quasi-judicial power," Fidell
wrote in his motion filed with the Court of Appeals for the
Armed Forces.
"Appellant (Bergdahl) has the right to demand that those powers
not be exercised by an officer over whom a 'confirmation sword
of Damocles' so plainly hangs," the motion said.
Bergdahl was charged in March with desertion and misbehavior
before the enemy, and could be sentenced to life in prison if
convicted of the most serious count.
A preliminary hearing is set for September at Fort Sam Houston
in Texas.
(Writing by Jon Herskovitz; Editing by Will Dunham)
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