FORT BRAGG, NORTH CAROLINA ... Sentencing was set to begin Monday for Bergdahl on charges that he endangered comrades by walking off his post in Afghanistan in 2009. But the judge, Army Col. Jeffery R. Nance, instead heard last-minute arguments by defense attorneys that recent comments by Trump are preventing a fair proceeding. Bergdahl faces a maximum sentence of life in prison.

Nance allowed the attorneys to question him about whether he was swayed by Trump’s comments. Nance said he wasn’t aware of the comments beyond what was in the legal motions. Nance said he plans to retire as a colonel in about a year and isn’t motivated by pleasing commanders to win a future promotion.

"I don’t have any doubt whatsoever that I can be fair and impartial in the sentencing in this matter," Nance said.

But he had stern words and pointed questions for prosecutors about what effect Trump’s comments would have on public perception of the case. He indicated he would issue a written ruling later on the defense request to have the case thrown out over Trump’s comments ...

https://www.japantimes.co.jp/news/2017/10/24/world/crime-legal-world/military-judge-bergdahl-case-worries-impact-trumps-disturbing-comments-justice-system/#.We6mTSMrK-U

October 23, 20175:26 PM ET
GREG MYRE

A sentencing hearing began today for U.S. Army Sgt. Bowe Bergdahl, who pleaded guilty to desertion and dereliction of duty for leaving his unit in Afghanistan. But instead of beginning testimony today as planned, the judge heard an argument from the defense — that the case should be dismissed because of remarks made by President Trump ...

MYRE: Well, let's quickly recall the campaign when candidate Trump called Bergdahl a, quote, "dirty, rotten traitor." Trump said he should be shot, and he would mimic a shooting when he said this. He also said that Bergdahl should be thrown out of a plane without a parachute. Now, as president, Trump had stopped talking about Bergdahl until last week. So let's take a listen here to what he said last Monday ...

PRESIDENT DONALD TRUMP: Well, I can't comment on Bowe Bergdahl because he's - as you know, they're - I guess he's doing something today, as we know. And he's also - they're setting up sentencing. So I'm not going to comment on him. But I think people have heard my comments in the past ...

MYRE: Well, that reference to comments in the past. The military justice system has something called unlawful command influence, and it means quite simply the commanders can't influence legal cases or even appear to do so. And the military takes this principle very, very seriously. So that sparked this hour-long debate between the military judge and the military prosecutor over Trump's most recent comments. And they were played in the courtroom, and it was debated whether this was inappropriate because he referred back to his campaign remarks. The judge adjourned the case until Wednesday without making a ruling ...

http://www.npr.org/2017/10/23/559618368/bergdahl-defense-says-case-should-be-dismissed-because-of-trumps-comments