Trump comments concern judge, loom over Bergdahl sentencing

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

 

Trump comments concern judge, loom over Bergdahl sentencing

Just Posted

AW Neill Elementary School in Port Alberni. (NEWS FILE PHOTO)
SD70 chooses new name for AW Neill School in Port Alberni

New name honours Nuu-chah-nulth Peoples’ connection to region

Douglas Holmes, current Alberni-Clayoquot Regional District chief administrative officer, is set to take on that position at the Regional District of Nanaimo come late August. (Submitted photo)
Regional District of Nanaimo’s next CAO keen to work on building partnerships

Douglas Holmes to take over top administrator role with RDN this summer

Ron MacDonald fields questions at a news conference in Halifax on Sept. 27, 2011. THE CANADIAN PRESS/Andrew Vaughan
Finding ‘comfortable’ indigenous monitor tough task in Tofino-area shooting death

Julian Jones case hampered by difficulty finding a civilian comfortable with privacy protocols

Port Alberni RCMP officer in command Insp. Eric Rochette presents longtime community policing volunteer Louie Aumair with a OIC appreciation certificate. (SUBMITTED PHOTO)
Port Alberni RCMP honour longtime volunteer

First responders receive support from broader community

The Dock+ is located on Harbour Road in Port Alberni. (SUSAN QUINN / Alberni Valley News)
PROGRESS 2021: Port Alberni’s food hub still growing a year later

The Dock hopes to open a retail store on Alberni’s busy waterfront

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Most Read