President Donald Trump香蕉视频直播檚 criticism of Army Sgt. Bowe Bergdahl has become a factor in the soldier香蕉视频直播檚 sentencing as a military judge weighs the president香蕉视频直播檚 impact on public perception of military justice.
The judge deciding Bergdahl香蕉视频直播檚 punishment for walking off his post in Afghanistan in 2009 heard defence arguments Monday that Trump recently reaffirmed his scathing criticism and is preventing a fair sentencing hearing. Bergdahl faces a maximum sentence of life in prison after pleading guilty last week to desertion and misbehaviour before the enemy.
The judge, Army Col. Jeffery R. Nance, allowed the attorneys to question him about whether he was swayed by Trump香蕉视频直播檚 comments, and responded that he would be fair.
香蕉视频直播淚 don香蕉视频直播檛 have any doubt whatsoever that I can be fair and impartial in the sentencing in this matter,香蕉视频直播� Nance said.
But he had stern words for prosecutors about what effect Trump香蕉视频直播檚 comments would have on public perception of the case. He indicated he would issue a ruling later on the defence request to dismiss the case because of Trump.
While campaigning, Trump repeatedly called Bergdahl a 香蕉视频直播渢raitor香蕉视频直播� who deserved harsh punishment such as being shot. Nance previously ruled those comments were 香蕉视频直播渄isturbing香蕉视频直播� but didn香蕉视频直播檛 amount to unlawful command influence and noted the statements were made before Trump became commander in chief.
But last week Trump addressed his past comments when asked about them at a news conference. He replied that he couldn香蕉视频直播檛 say anything more about the case, 香蕉视频直播渂ut I think people have heard my comments in the past.香蕉视频直播� That, the defence said, shows he harbours the same views now that he commands the military.
Prosecutors argued Trump香蕉视频直播檚 comments didn香蕉视频直播檛 reaffirm his campaign-trail criticism and were narrowly focused on answering a reporter.
But Nance said he was having a 香蕉视频直播渉ard time香蕉视频直播� with prosecutors香蕉视频直播� interpretation, noting public confidence in military courts was something he had to consider.
Nance said his interpretation was that Trump was essentially saying: 香蕉视频直播淚 shouldn香蕉视频直播檛 comment on that, but I think everyone knows what I think on Bowe Bergdahl.香蕉视频直播�
Former Army lawyer Eric Carpenter said the judge has to worry not only about whether Trump has directly influenced the case, but also what the public thinks under a military justice concept called apparent unlawful command influence. Nance香蕉视频直播檚 remarks Monday should resolve the question of whether Trump directly swayed the court, but the judge could still make concessions to the defence to address these concerns, Carpenter said.
香蕉视频直播淚t gives you a clue that he香蕉视频直播檚 concerned about public appearance, and he can grant pretty significant remedies just to preserve the public香蕉视频直播檚 faith in the system,香蕉视频直播� said Carpenter, who teaches law at Florida International University.
Carpenter doubts the judge would dismiss the case outright, but said Nance could limit Bergdahl香蕉视频直播檚 punishment because of Trump.
The White House issued a statement Friday that any military justice case must be 香蕉视频直播渞esolved on its own facts.香蕉视频直播� White House representatives didn香蕉视频直播檛 respond to an email seeking comment Monday.
Bergahl香蕉视频直播檚 sentencing, set to begin Monday, has been delayed until Wednesday because one of the defence attorneys wasn香蕉视频直播檛 available until then, the judge said.
Bergdahl, 31, pleaded guilty last week. Prosecutors made no deal to cap his punishment, so the judge has wide leeway to decide his sentence. Several more days of testimony are expected.
Nance is expected to weigh factors including Bergdahl香蕉视频直播檚 willingness to admit guilt, his five years of captivity by Taliban allies, and serious wounds suffered by soldiers and a Navy SEAL who searched for him.
Bergdahl, from Hailey, Idaho, was captured after walking off his remote post in 2009. He has said he was caged, kept in darkness and beaten, and tried to escape more than a dozen times before President Barack Obama brought Bergdahl home in 2014 in a swap for five Taliban prisoners at Guantanamo Bay.
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Jonathan Drew, The Associated Press
