Trumpâs âtraitorâ rhetoric looms over Bowe Bergdahlâs sentencing
The military judge who will decide whether Sgt. Bowe Bergdahl goes to prison for leaving his post in Afghanistan indicated Monday that President Trumpâs recent remarks on the case could raise doubts about the Army sergeantâs legal proceedings and whether they were fair.
But the court heard several sound bites from  Trump  as the judge  Army Col. Jeffrey R. Nance  sought to determine whether the presidentâs new comments affirmed his past statements about Bergdahl being a âdirty  rotten traitor.â
Speaking to reporters last week   Trump  declined to say whether  his  previous attacks on Bergdahl may have unfairly influenced the soldierâs decision to plead guilty. Yet  his  word choice â âBut I think people have heard my comments in the past â the president said â was the subject of debate between Nance and attorneys for the defense and prosecution. In 2015   Trump  also promised to review decisions made in the case if he were to become commander in chief.
Lead defense attorney Eugene Fidell filed  a motion saying Trumpâs latest comments build on his harsh campaign rhetoric and amount to unlawful command influence  thus compromising Bergdahlâs chances to receive a fair sentencing .  The motion  seeks to dismiss the case on those grounds.
Trumpâs comments reconfirmed  his  past statements and produced a âchilling effectâ on the military justice system  Fidell said â to such a degree that Nance should not impose jail time for Bergdahl.
âWords have meaning. And âbutâ means what?â Nance asked prosecutor Maj. Justin Oshana  who disputed Fidellâs assertion that  Trump  continues to hold such views about Bergdahl.
Nance had ruled in February that Trumpâs campaign remarks  while âdisturbing â did not amount to unlawful command influence. But he appears to be reconsidering.
âThe reasons [to dismiss earlier accusations] tend to be eroded when the now-president of the United States apparently adopts those past statements â Nance told the prosecutor. Nance added his interpretation of Trumpâs meaning to be: âI shouldnât comment on that  but I think everyone knows what I think on Bowe Bergdahl.â
Pressed further on  Trump âs verbiage  Oshana offered that the presidentâs words were ânot the best constructed â a statement that elicited stifled chuckles in the courtroom.
Oshana pointed to  a White House statement issued Friday that he characterized as evidence Trump has not sought to influence what punishment Bergdahl receives .
âThe President expects all military personnel who are involved in any way in the military justice process to exercise their independent professional judgment  consistent with applicable laws and regulations â  the statement  says.  It  does not mention Bergdahl by name  however.
The military judge who will decide whether Sgt. Bowe Bergdahl goes to prison for leaving his post in Afghanistan indicated Monday that  [TGT]  recent remarks on the case could raise doubts about the Army sergeantâs legal proceedings and whether they were fair.
But the court heard several sound bites from  [TGT] as the judge  Army Col. Jeffrey R. Nance  sought to determine whether the presidentâs new comments affirmed his past statements about Bergdahl being a âdirty  rotten traitor.â
Speaking to reporters last week    [TGT] declined to say whether   [TGT]   previous attacks on Bergdahl may have unfairly influenced the soldierâs decision to plead guilty. Yet  his  word choice â âBut I think people have heard my comments in the past â  [TGT]  said â was the subject of debate between Nance and attorneys for the defense and prosecution. In 2015    [TGT] also promised to review decisions made in the case if  [TGT]  were to become commander in chief.
Lead defense attorney Eugene Fidell filed   [TGT]  .   [TGT] seeks to dismiss the case on those grounds.
Trumpâs comments reconfirmed   [TGT]   past statements and produced a âchilling effectâ on the military justice system  Fidell said â to such a degree that Nance should not impose jail time for Bergdahl.
âWords have meaning. And âbutâ means what?â Nance asked prosecutor Maj. Justin Oshana  who disputed Fidellâs assertion that   [TGT] continues to hold such views about Bergdahl.
Nance had ruled in February that Trumpâs campaign remarks  while âdisturbing â did not amount to unlawful command influence. But he appears to be reconsidering.
âThe reasons [to dismiss earlier accusations] tend to be eroded when the now-president of the United States apparently adopts those past statements â Nance told the prosecutor. Nance added his interpretation of Trumpâs meaning to be: âI shouldnât comment on that  but I think everyone knows what I think on Bowe Bergdahl.â
Pressed further on   [TGT]  âs verbiage  Oshana offered that the presidentâs words were ânot the best constructed â a statement that elicited stifled chuckles in the courtroom.
Oshana pointed to  a White House statement issued Friday that he characterized as evidence  [TGT]  has not sought to influence what punishment Bergdahl receives .
âThe President expects all military personnel who are involved in any way in the military justice process to exercise their independent professional judgment  consistent with applicable laws and regulations â  the statement  says.  It  does not mention Bergdahl by name  however.