The Latest: Judge says Trump's comments don't affect court
By Associated Press
Oct 30, 2017 9:28 AM CDT
FILE - In this Jan. 12, 2016, file photo, Army Sgt. Bowe Bergdahl arrives for a pretrial hearing at Fort Bragg, N.C. Former Navy SEAL James Hatch who testified this week at Bergdahl’s sentencing hearing on charges he endangered comrades by leaving his post in Afghanistan in 2009, has had eight years...   (Associated Press)

FORT BRAGG, N.C. (AP) — The Latest on sentencing hearing for Army Sgt. Bowe Bergdahl (all times local):

10:25 a.m.

A military judge has rejected arguments by attorneys for Army Sgt. Bowe Bergdahl that criticism by President Donald Trump is preventing him from having a fair sentencing hearing.

The judge, Army Col. Jeffery Nance, said Monday the court has not been directly affected by Trump's criticism of Bergdahl. He also ruled that a reasonable member of the public would not have doubts about the fairness of military justice because of Trump's comments. He rejected a defense request to rule that it would be unfair to give Bergdahl any prison time.

The judge did say, however, that he would consider Trump's comments as a mitigating factor in the sentencing. Other mitigating and aggravating factors that he could consider include Bergdahl's mental health and serious wounds to service members who searched for him.

Bergdahl faces up to life in prison after pleading guilty to charges that he endangered comrades by walking off his post in Afghanistan in 2009.

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3 a.m.

The wife of a seriously wounded soldier is expected to take the stand as the sentencing hearing for Army Sgt. Bowe Bergdahl resumes.

Prosecutors told a judge they intend to call Shannon Allen to the stand Monday to discuss a traumatic brain injury her husband suffered. National Guard Master Sgt. Mark Allen was shot in the temple during a search for Bergdahl, who walked off his post in Afghanistan in 2009.

Bergdahl has pleaded guilty to desertion and misbehavior before the enemy. He faces up to life in prison. Prosecutors are using wounds to several service members who searched for Bergdahl as evidence to convince the judge that he deserves a stiff punishment.

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