Defense attorney for Bowe Bergdahl—Eugene Fidell—is publicly berating Donald Trump for remarks in which he calls Bergdahl a “…dirty, rotten traitor.”

According to a report in the Army Times, Fidell said that Bergdhal cannot respond to the comments because he is currently under an Article 32 investigation to determine if charges should be brought. Fidell said that Trump’s remarks threaten Bergdahl’s right to a fair trial.

The remarks were in response to a video released by the Wall Street Journal of a town hall meeting in which Trump said:

We get a traitor named Bergdahl, a dirty, rotten traitor, who, by the way, when he deserted, six young, beautiful people were killed trying to find him.

Trump has used this example on his campaign trail over the past few months. In July he quipped that he would send Bergdahl back even if they do not want him.

Bergdahl disappeared in Afghanistan on June 30, 2009 and spent five-years in alleged captivity as a prisoner of war. He was traded for five Taliban terrorists. Fidell said that no soldiers were killed searching for Berghdahl.
The six soldiers in question are Staff Sergeant Clayton Bowen, 29, Private 1st Class Morris Walker, 23, Staff Sergeant Kurt Curtiss, 27, 2nd Lieutenant Darryn Andrews, 34, Staff Sergeant Michael Murphrey, 25, Private 1st Class Matthew Martinek

Bergdahl is now assigned to a desk job at U.S. Army North at Joint Base San Antonio-Fort Sam Houston, Texas while he awaits charges of once count of desertion with intent to shirk hazardous duty and one count of misbehavior before the enemy.