The Day

Bergdahl: Trump reaffirmed criticism of him, tainting case

- By JONATHAN DREW

Raleigh, N.C. — Army Sgt. Bowe Bergdahl made a last-minute argument Tuesday that President Donald Trump has reaffirmed his criticism of the soldier — preventing him from receiving a fair sentence on charges he endangered comrades in Afghanista­n.

Lawyers for Bergdahl, who pleaded guilty this week to charges that could send him to prison for life, cited a news conference this week in which Trump indicated he stands by his campaign-trail criticism of Bergdahl. They asked to have the case dismissed.

While running for president, Trump repeatedly called Bergdahl a “traitor” and suggested harsh punishment­s.

Asked about the Bergdahl case on Monday, Trump first said he wouldn’t comment. Then he added: “But I think people have heard my comments in the past.”

Bergdahl’s lawyers say the remark is especially problemati­c now that Trump is commander in chief.

“President Trump stands at the pinnacle of an unbroken chain of command that includes key participan­ts in the remaining critical steps of the case,” the defense wrote.

The judge overseeing the case, Army Col. Jeffery R. Nance, previously called Trump’s campaign statements about Bergdahl “disturbing and disappoint­ing,” but ruled they didn’t amount to unlawful command influence. The judge’s February ruling noted that Trump’s disparagin­g comments were made before he was president.

Nance wrote that “the statements of a private citizen, even if running for President, cannot be unlawful command or influence.”

The judge told the defense then that they could renew their motion if there were new developmen­ts surroundin­g Trump.

White House media staff didn’t immediatel­y respond to an email seeking comment Tuesday.

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