He has said many times in many public media appearances that Bergdahl is guilty and should be shot or thrown from an airplane.
His intemperate remarks in public have destroyed any chance Bergdahl had of getting a fair trial. Bergdahl walks.
The above is INDEED a VERY intemperate remark and no doubt it's the reason why Bergdahl's attorneys felt confident enough that it was that they specifically referred to those remarks in their demand for a dismissal.
Many judges tend to take a dim view of attorneys who abuse the demand for dismissal right out the gate. They consider such a tactic an example of showboating if there isn't a compelling reason to make such a submission.
I would hazard a guess that a military tribunal would take an even more dim view of such a stunt, if it were a stunt.
