The military judge hearing U.S. Army Sergeant Bowe Bergdahl's desertion case said on Monday he would not rule out a prison sentence due to the possible influence of President Donald Trump's criticism of the soldier.
Army Colonel Jeffery Nance said he would consider the president's remarks as a mitigating factor at sentencing, however, raising the possibility of a lighter punishment.
During last year's presidential campaign, Republican Trump called Bergdahl "a no-good traitor who should have been executed." The defense said the president's more recent remarks about the case showed his opinion of Bergdahl had not changed and unfairly influenced the proceedings.
Nance ruled in court at North Carolina's Fort Bragg, where Bergdahl's sentencing hearing is underway, that no reasonable person would harbor doubt about the integrity of the proceedings due to Trump's comments.
"I am uninfluenced by the president’s comments," said Nance, later adding, "However, I will consider the president’s comments as mitigating factors."
Bergdahl, 31, faces a maximum penalty of life in prison and a dishonorable discharge after pleading guilty earlier this month to desertion and misbehavior before the enemy.
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ZitatArmy Sgt. Bowe Bergdahl unexpectedly took the stand at his sentencing hearing to apologize to service members who got wounded searching for him.
Bergdahl was the first witness that the defense presented as they began putting on their evidence in the sentencing hearing. They hadn't previously made it known that Bergdahl would address the court. It was his most extensive remarks in court yet.
He started with a statement apologizing to those who searched for him, choking up at times.
He said: "My words can't take away what the people have been through."
Under questioning by his own attorneys, he also gave a lengthy description of his brutal five years of captivity by Taliban allies.
He gave an unsworn statement, meaning that the judge will consider it but Bergdahl won't be cross-examined by the prosecutors.