Bowe Bergdahl pushed himself into the headlines yet again. The collective breath the nation has been holding as it waited to hear his sentence for desertion and misbehavior before the enemy was released in a whoosh when no sentence was entered yesterday. Instead of accepting his punishment, Bergdahl, through his counsel, once more pointed an accusatory finger at President Trump, alleging he can’t get a fair trial. This time, he was upset because President Trump, on October 16^th, said he wouldn’t discuss the case. He went on to say, “But I think people have heard my comments in the past.” What the Times story doesn’t include is the beginning of the President’s statement. “They’re setting up sentencing, so I’m not going to comment on him.” When viewed together, the impact of the comment changes.

However, according to Bergdahl’s counsel, that “but” is enough to prevent him from receiving a fair trial. Well, in this case, a fair sentencing. In fact, according to arguments made on Bergdahl’s behalf, the only way he could receive a fair trial is to take any possibility of jail time off the table.

Compounding the problem, the military judge, Col. Jeffrey R. Nance, seems to be buying into the argument, at least to some degree. According to Col. Nance, the President’s statement was tantamount to him saying, “I shouldn’t comment on that, but I think everyone knows what I think on Bowe Bergdahl.” Nance went on to say there is “a vital public interest in ‘maintaining confidence in the military justice system.’”