Rejecting a defense motion to dismiss the case, Nance said he would consider Trump’s comments as mitigating evidence that could lessen punishment.
Although Nance’s decision not to impose jail time was influenced by the fact that Bergdahl tried to redeem himself by trying to escape, Trump’s comments more than likely compelled the judge to send a message to the government.
“Whatever likelihood that Nance was going to sentence Bergdahl to a couple of years evaporated a couple of days ago when Trump made that statement,” said Geoffrey Corn, a retired lieutenant colonel who is professor at South Texas College of Law in Houston. “Trump’s statements were inflammatory and they were stupid, and you know the military justice system is very, very vigilant about the effect of unlawful command influence impacting soldiers’ ability to get a fair trial.”