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McCain was asked to back off comments
By JONATHAN DREW
Associated Press

RALEIGH, N.C. — The Army sought to have Senator John McCain back away from statements about punishment for Bowe Bergdahl because of concerns about hurting the soldier’s right to a fair trial, according to newly released e-mails.

The e-mails were revealed in a motion filed Monday seeking the dismissal of charges against Bergdahl, who walked off his post in Afghanistan in 2009 and wound up in enemy captivity for five years. The exchange illustrates for the first time how concerned top Army officials were that McCain’s statements could interfere.

Defense lawyers argue Bergdahl’s due process rights were violated by McCain, who leads a Senate committee that can approve or scuttle assignments for military commanders. McCain said last October that the Senate Armed Services Committee would investigate if Bergdahl weren’t punished.

Two days later, a colonel in the Army Office of the Chief of Legislative Liaison e-mailed a lawyer for the Senate committee asking for McCain to back off his comments. The e-mail cited ‘‘serious concerns across the Army’’ that McCain’s statement could help Bergdahl show unlawful command influence.

Associated Press