Berdahl’s request for White House meeting info rejected
FORT BRAGG, N.C. — A military judge ruled Wednesday that prosecutors trying Army Sgt. Bowe Bergdahl don’t have to turn over more information about conversations one of them had with the Trump administration about the case.
Prosecutors have acknowledged that one of them spoke to a lawyer for the National Security Council earlier this year about defense efforts to derail the case over President Donald Trump’s harsh criticism of Bergdahl on the campaign trail. But they said the White House has given them no directions on how to prosecute Bergdahl.
Defense lawyers have argued that Trump’s criticism prevented Bergdahl from getting a fair trial on charges that he endangered other service members by walking off his post in Afghanistan in 2009. But in February, the judge ruled that Trump’s comments didn’t constitute unlawful command influence.
The judge, Army Col. Jeffery R. Nance, said Wednesday that further information about conversations between lawyers well after Trump’s comments wouldn’t change the court’s conclusion that the criticism won’t sway the case.
“The point is: Why does it matter what he said to whoever it was at the National Security Council?” Nance said.
Capt. Nina Banks, a defense attorney, said the defense needs more information. Defense attorneys had sought to formally interview Maj. Justin Oshana, a prosecutor, about the conversations and get copies of emails without certain details blacked out.
“Trial counsel here himself was discussing (a pending legal motion) with these White House people,” she said. Later she added: “The issue here is: We don’t know what he said.”
White House press staff didn’t respond to an email message seeking comment.