Donald Trump's comments on the campaign trail last year that Ft. Sam Houston Sergeant Bowe Bergdahl is a 'no good traitor' who 'deserves to be executed' could end up giving Bergdahl a break, News Radio 1200 WOAI reports.
Col. Jeffrey Nance, the military judge hearing the sentencing portion of the admitted deserter's court martial today refused a defense request to dismiss all charges or cap Bergdahl's possible sentence due to the comments, but he did rule Trump's comments can be used 'in mitigation' as he considers the appropriate sentence.
The question is what is called in the Uniform Code of Military Justice as 'Unlawful Command Interference.' Since the military is a command institution and military members are legally bound to follow the orders and instructions of their superiors, defense attorney Eugene Fidell argued that, since Trump is now Nance's commander in chief and superior officer, his comments and opinions could be perceived as influencing Bergdahl's sentence.
'Mitigation' means Nance will consider the comments along with other factors which the defense will present, like Bergdahl's treatment at the hands of the Taliban, which could lead to a lighter sentence.
Bergdahl is facing everything from no sentence to a Dishonorable Discharge and life in prison for abandoning his post in Afghanistan in 2009.
Army prosecutors have presented gripping testimony from three service members who suffered life changing and disabling wounds while they were searching for Bergdahl.
Fidell says Bergdahl had nothing to do with ordering those men into that operation and he shouldn't be held responsible for what happened to them.