A military judge tossed out a motion made by the attorneys for Army Sgt. Bowe Bergdahl that argued President Trump’s statements about him during the election violated his due process rights.

Bergdahl’s lawyers tried to get the charges dismissed because Trump repeatedly called Bergdahl a “traitor” on the campaign trail. His attorneys argued those statements meant Trump has already convicted Bergdahl — of a different, more serious crime than any of the ones with which he was charged.

However, on Friday an Army colonel presiding over the case wrote that Trump’s statements are troubling but not a due process violation.

“The comments by Mr. Trump that might be considered pretrial publicity are not so pervasive and unfair as to saturate the community and prevent any trier of fact from being impartial,” wrote Army Col. Jeffery Nance, according to CNN.

He added, “Mr. Trump has said nothing about the accused or his case since August 2016. Under these facts, the court cannot find a due process violation sufficient to make amelioration measures futile.”

Bergdahl’s attorney disagreed with the ruling and plans to appeal on Monday.

“The military judge’s decision was wrong,” said Eugene Fidell. “Extraordinary relief is required to protect Sgt. Bergdahl’s rights to protect the integrity of the military justice system.”

Bergdahl walked off his post in Afghanistan in 2009, and got himself captured by the Taliban, and sparked a months-long military manhunt. His release was secured by President Obama in 2014, in a swap for five Taliban members who were being held in Guantanamo Bay. Bergdahl’s court-martial, on charges of desertion and misbehavior before the enemy, is scheduled for April.

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“I could not be happier for him, or for the Republican Party!”, the president tweeted.

02/25/17 5:14 PM

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