Appeals panel says only military tribunals may assess court-martial convictions in blow to former Afghan war prisoner.
Published On ۲ Sep ۲۰۲۶
A federal judge had no authority to overturn former US Army soldier Bowe Bergdahl’s military conviction for deserting his post in Afghanistan before Taliban-allied forces captured him and held him for nearly five years, an appeals court has ruled.
A three-judge panel from the US Court of Appeals for the District of Columbia Circuit on Tuesday ordered the dismissal of Bergdahl’s claims in district court. The ruling essentially reinstates the ex-soldier’s conviction.
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The panel said District Judge Reggie Walton, sitting in Washington, DC, lacked the jurisdiction to vacate Bergdahl’s court-martial conviction and sentence in ۲۰۲۳.
Bergdahl had sued in civilian court in ۲۰۲۱, arguing that the military punishment violated his Fifth Amendment due-process rights. Walton ruled that military judge Jeffrey Nance created a potential conflict of interest by failing to disclose his application for a position as an immigration judge in the US Department of Justice.
But the appeals court concluded that only a court of appeals within the military justice system has the authority to overturn a court-martial judgement.
“Because Bergdahl seeks to have his court-martial conviction declared expunged and without effect due to violations of the Constitution and military rules, and its consequences reversed, he effectively asked the District Court to vacate the military judgment,” Circuit Judge Robert Wilkins wrote. “However, the authority to vacate a court-martial judgment belongs to tribunals exercising direct appellate review, not district courts conducting collateral review.”
Bergdahl, then a ۲۳-year-old soldier from Hailey, Idaho, was stationed in eastern Afghanistan’s Paktika province in June ۲۰۰۹ when he left his post without permission. His defence team said he left to hike to headquarters to complain about what he viewed as poor leadership in his unit.
Bergdahl was captured by forces from the Taliban-affiliated Haqqani Network and repeatedly tortured before his release from captivity in ۲۰۱۴ as part of a prisoner swap under then-President Barack Obama.
The deal – which freed five Taliban prisoners from the Guantanamo Bay detention facility – was sharply criticised by some conservatives, including Donald Trump, who would be elected president two years later.
In ۲۰۱۵ during his campaign, Trump called for the death penalty for Bergdahl. He also criticised the decision to spare him jail time, calling it a “disgrace” to the country.
Several US service members were wounded during the search for Bergdahl, who was charged with desertion and misbehaviour before the enemy after his release from captivity. He pleaded guilty to both charges in ۲۰۱۷ and was dishonourably discharged. Prosecutors at his court martial had sought ۱۴ years in prison.
