Aug. 24, 2016 | Noon Wednesday

Media Release
U.S. Army Forces Command
Directorate of Public Affairs
4700 Knox Street
Fort Bragg, N.C. 28310

For Immediate Release

Army Holds Legal Motions Hearing in Sgt. Bergdahl Case

FORT BRAGG, N.C. – Army Judge Col. Jeffery R. Nance resumed an Article 39(a) Motions Hearing Aug. 24 on Fort Bragg, N.C., in the case of United States vs. Sgt. Robert B. Bergdahl.

The Aug. 24, 2016, military legal hearing convened at 7:58 a.m. and adjourned at 10:45 a.m. Trial counsel present were Maj. Justin C. Oshana with assistant trial counsel Maj. Jerrod Fussnecker and Capt. Eileen Whipple. Defense counsel present were Mr. Eugene Fidell and Lt. Col. Franklin D. Rosenblatt, with assistant defense counsel Maj. Jason Thomas, Maj. Oren Gleich, Capt. Jennifer D. Norvell, and Mr. William Helixon.

The military judge discussed with both legal counsel three legal motions: a motion granting defense counsel’s request for a forensic-psychiatrist consultant; a government motion requesting a partial extension of a deadline for classified documents; and a motion to disqualify the convening authority. Witness testimony was provided by Army Gen. Robert B. Abrams, commanding general of U.S. Army Forces Command, who spoke about letters from the public that he received related to this case and disposition of those letters; what legal documents he reviewed in his decision to refer charges; an affidavit he previously had provided to the court; some apparent mischaracterizations of his Aug. 8, 2016 discussion with defense lawyers; and emphasized his commitment and his duty as the General Court-Martial Convening Authority to ensure a fair and impartial legal proceeding.

The next legal-motions hearing is scheduled for Sept. 28, 2016.

The trial remains scheduled for Feb. 6, 2017.

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Media may direct questions to the U.S. Army Forces Command Public Affairs Office at Fort Bragg, N.C., at telephone 910-570-7200 or 910-570-7217, or by E-mail to or

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