The judge in SGT Bowe Bergdahl’s case will not limit or dismiss the court-martial because of Pres. Trump’s comments about the young sergeant. The judge found Trump’s comments, while inappropriate, would not affect Col. Nance. Col. Nance is the judge. He can judge whether the comments about Bergdahl will affect him. But, he is also implicitly saying he does not believe denial of the motion will provide basis for an appeal for SGT Bergdahl. See Task & Purpose report.
As I mentioned here and here, Pres. Trump has loudly condemned Bergdahl. SGT Bergdahl’s lawyer has claimed those remarks constitute unlawful command influence. COL. nance is set to retire in 2018 and is not eligible for promotion. Yes, that would make him unlikely to be influenced by what the President says or by what others might think of the President’s comments.
Of course, it should not be necessary to say that Pres. Trump and Candidate Trump should not make comments like that. There is no reason to create possible issues for an appeal.