30 Sep '16, 4pm

Judge won't dismiss Bergdahl case over McCain comments

But Army judge Col. Jeffery Nance decided that the comments by the Republican senator from Arizona haven't unfairly influenced the case. "No reasonable member of the public knowing that Senator McCain has absolutely no command authority or color of command authority over SGT Bergdahl's court-martial ... could ever reasonably conclude that the proceedings were unfair — no matter what he said or did," Nance wrote in the ruling filed Wednesday. Nance also wrote that he could find no legal precedent that would make McCain, as a retired Navy officer, still subject to the section of the military justice code prohibiting unlawful command influence. Military law prohibits commanders — who may outrank military judges, lawyers, jury members or witnesses — from using their positions to sway the outcomes of court cases. Bergdahl's lawyers said they plan to appeal the decision. "We bel...

Full article: http://www.militarytimes.com/articles/judge-wont-dismiss-...

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