Tuesday, October 24, 2017

Bergdahl Sentencing Postponed

Originally published by Thomas J. Crane.

Bowe Bergdahl was supposed to be sentenced on Oct. 23. But, instead, his lawyer renewed a motion he had filed before. Eugene Fidell re-argued a motion alleging there has been unlawful command influence (UCI). Pres. Trump talked about SGT Bergdahl last week, saying he cannot say anything, but he said things earlier. The President, in effect, affirmed his prior comments about that “traitor,” Bergdahl. The judge, Col. Nance, was not impressed by the prosecutor’s argument that Pres. Trump was simply responding to the reporter’s question. He had a “hard time” with that explanation.

So, Col. Nance postponed the hearing for a couple of days, so he can review cases about UCI. The challenge is this UCI is unprecedented. Never before has a president gone after one particular soldier. Pres. Nixon once referred to the My Lai massacre as a “travesty,” But, he did not focus on one specific soldier. Pres. Trump brought up SGT Bergdahl often during his campaign, referring to him as “dirty rotten traitor,” “horrible traitor,” “dirty no-good traitor,” and more. In the military, the President is always spoken of as the top person in the chain of command. Yet, in some ways, the President is removed from the military. So, the judge is being careful with this issue. As he should.

See San Antonio Express News report.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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