A military court judge delayed the sentencing phase in order to review the motion to dismiss the case.
Army Sgt. Bowe Bergdahl's punishment hearing, which could end with him being sentenced to prison for life, ran just short of an hour Monday before his judge ordered an adjournment.
Obama's successor, Donald Trump, heaped criticism on Bergdahl during the 2016 presidential campaign. When asked about the case, Trump said that he couldn't discuss it, "But I think people have heard my comments in the past".
The prosecution has said it intends to call two soldiers and a Navy SEAL who they say were wounded during the search for Bergdahl.More news: Dickinson Demands People Seeking Harvey Relief Promise Not To Boycott Israel
Fidell argued that the only way to undo the unfair influence of Trump's comments would be for Nance to agree not to sentence Bergdahl to any time behind bars. Given Trump's talent for saying (and tweeting) more than previous presidents have seen fit to, it seems possible that the commander-in-chief may have inadvertently thrown a monkey wrench into Bergdahl's sentencing - and, in turn, offered one of the most reviled figures of the Global War on Terror a get-out-of-jail-free card.
The context changed once Trump was sworn in as president and commander in chief of the USA military, he said. "President Trump stands at the pinnacle of an unbroken chain of command that includes key participants in the remaining critical steps of the case", the defense argued in its motion, according to the Los Angeles Times. He called the prosecutor's argument about the latest statement "a strained interpretation".
The Army soldier who was held captive in Afghanistan after leaving his station pleaded guilty last week to desertion and misbehavior before the enemy. Now, the disgraced military officer awaits his sentencing.
The judge, who said there was no doubt he could be fair and impartial, did not immediately rule.
Bergdahl's case has drawn controversy since his release in 2014, secured as part of a prisoner swap with the Taliban. "Here, it could be the guy I pass in the corridor who's going to sign the paper that sends me away for life".