FORT BRAGG, N.C. (AP) – Prosecutors say defense attorneys for Army Sgt. Bowe Bergdahl have invented a legal issue by arguing the case was tainted by comments from U.S. Sen. John McCain.

The defense wants the charges against Bergdahl to be thrown out because of “impermissible meddling” by McCain, who chairs the Senate Armed Services Committee. McCain has said the panel would hold a hearing if Bergdahl weren’t punished.
But Maj. Justin Oshana, an Army prosecutor, argued Tuesday that no other court has ever made a ruling similar to what the defense is seeking.

The judge, Army Col. Jeffery Nance, quipped that he wasn’t sure he wanted to be the first either. But he said he would consider the motion and rule at a later date.

Bergdahl faces military charges after walking off his post in Afghanistan in 2009. He became a captive of the Taliban and its allies until 2014.