Trump comments concern judge, loom over Bergdahl sentencing

Army Col. Jeffery R. Nance had stern words for prosecutors about what effect Trump’s comments would have on public perception of the case.

President Donald Trump’s criticism of Army Sgt. Bowe Bergdahl has become a factor in the soldier’s sentencing as a military judge weighs the president’s impact on public perception of military justice.

The judge deciding Bergdahl’s 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’s comments, and responded that he would be fair.

“I don’t have any doubt whatsoever that I can be fair and impartial in the sentencing in this matter,” Nance said.

But he had stern words for prosecutors about what effect Trump’s 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 “traitor” who deserved harsh punishment such as being shot. Nance previously ruled those comments were “disturbing” but didn’t 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’t say anything more about the case, “but I think people have heard my comments in the past.” That, the defence said, shows he harbours the same views now that he commands the military.

Prosecutors argued Trump’s comments didn’t reaffirm his campaign-trail criticism and were narrowly focused on answering a reporter.

But Nance said he was having a “hard time” with prosecutors’ interpretation, noting public confidence in military courts was something he had to consider.

Nance said his interpretation was that Trump was essentially saying: “I shouldn’t comment on that, but I think everyone knows what I think on Bowe Bergdahl.”

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’s 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.

“It gives you a clue that he’s concerned about public appearance, and he can grant pretty significant remedies just to preserve the public’s faith in the system,” said Carpenter, who teaches law at Florida International University.

Carpenter doubts the judge would dismiss the case outright, but said Nance could limit Bergdahl’s punishment because of Trump.

The White House issued a statement Friday that any military justice case must be “resolved on its own facts.” White House representatives didn’t respond to an email seeking comment Monday.

Bergahl’s sentencing, set to begin Monday, has been delayed until Wednesday because one of the defence attorneys wasn’t 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’s 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.

____

Follow Drew at www.twitter.com/jonldrew

Jonathan Drew, The Associated Press

 

Just Posted

Stettler Parent Link works to strengthen families

Programs run the gamut from Super Dads, Super Kids to Bringing Baby Home

Hike for Hospice runs May 5th at West Stettler Park

Make sure to register before April 26th

Alberta’s 47 legislature newbies meet under the dome for orientation day

Most new members are with the United Conservatives, who won a majority government

Easter visit!

Easter Bunny makes a visit to Points West Living

OPINION: Jason Kenney won by portraying himself as the Guardian of Alberta

How did Kenney do it? He never considered himself an opposition leader and didn’t pretend to be one.

Canada privacy watchdog taking Facebook to court

If the court application is successful, it could lead to modest fines and an order for Facebook to revamp its privacy

Be wary of robot emotions; ‘simulated love is never love’

Research has shown that people have a tendency to project human traits onto robots

‘What if, what if, what if:’ inquiry hears details about Alberta Mountie’s death

David Wynn, 42, was gunned down by Shaun Rehn, 34, a career criminal wanted on warrants

Calgary woman killed in B.C. highway crash

Crash closed highway for hours

Assessment says Alberta woman facing animal abuse charges fit to stand trial

April Dawn Irving, 59, is charged with 13 counts of cruelty to animals

Canadian privacy watchdogs find major shortcomings in Facebook probe

The probe followed reports that Facebook had let an outside organization use an app to access users’ personal info

Provinces, Ottawa talk 50/50 split on abandoned bus-route service

B.C. has paid $2 million on a bus service for the northern part of the province

Wilson-Raybould: Feds want to just ‘manage the problem’ of Indigenous Peoples

Former federal justice minister speaks at First Nations Justice Council meeting in B.C.

Oil and gas company confirms death of one of its employees in Yoho avalanche

Dana Coffield died when he was skiing in the Rocky Mountains

Most Read