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Y’all remember Bo Bergdahl, the fella who went AWOL in Afghanistan and was captured by the Taliban. You know, the one who was feted as a hero by Obama – before being tried for collaborating with the enemy? One of the things Bergdahl tried to hang his hat on was that then-candidate Trump said bad things about him, supposedly exercising undue command influence on his court-martial. The fact that Trump was a candidate at the time and not the commander-in-chief seems to have escaped him.<\/p>\n
A federal judge has ruled partially in favor of former Army Sgt. Bowe Bergdahl in his bid to throw out the verdict of his court-martial but rejected his claim that President Donald Trump and the late Sen. John McCain exercised unlawful command influence in the case.<\/p><\/blockquote>\n
That’s the good news, that the ‘undue command influence’ has been thrown out. However:<\/p>\n
Senior Judge Reggie Walton, of the U.S. District Court in Washington, D.C., issued an order March 31 partially granting the federal government’s motion to dismiss the Bergdahl case, rejecting the former soldier’s argument that comments made by Trump and McCain unduly influenced his military proceedings.<\/p>\n
But Walton granted Bergdahl’s motion for a summary judgment on the soldier’s claim that the military judge who presided over his case did not disclose that he had applied for a civilian position at the Justice Department while the court-martial was underway — a failure that Bergdahl argues denied him a fair trial.<\/p>\n
In his order, Walton did not stipulate what the decision will mean for Bergdahl or for the case. Walton promised that the complete ruling and his reasoning behind it would be revealed in an opinion “to be issued … within the next sixty days.”<\/p><\/blockquote>\n