On the Fox News Channel on Wednesday, former JAG attorney Phillip Holloway stated that declarations from the Obama administration that Bowe Bergdahl served with honor may have engaged in unlawful activity and could derail a potential prosecution of Bergdahl for desertion. Holloway said that the administration’s statements were “unlawful command influence” because “people higher in command are not supposed to comment on those lower in command. You had the president in the Rose Garden especially declaring him a war hero and Susan Rice saying similar things. That sends a message loud and clear to those junior to the president about making the prosecution.”
Holloway added that he believes there will not be any prosecution of Bergdahl for his desertion.
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