Defense lawyers for Bergdahl argued that McCain exerted unlawful command influence by telling a reporter in 2015 that the Senate committee he leads would hold a hearing if Bergdahl weren't punished. 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. [...] McCain caused enough concern that within days of his comments, Army officials emailed Senate committee staff seeking to have McCain back away from the remarks. In their motion, the defense revealed an email from the Army Office of the Chief of Legislative Liaison citing "serious concerns across the Army" that McCain's statement could help Bergdahl show unlawful command influence.
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