Dismissal of ex-US soldier Bergdahl’s conviction was invalid, court rules

What the report says

A federal appeals court in Washington, DC, has ruled that a district judge did not have the power to overturn the military conviction of former US Army soldier Bowe Bergdahl, in a decision that effectively restores the court-martial outcome. The three-judge panel said only the military justice system’s appellate tribunals can vacate a court-martial judgment, and it ordered Bergdahl’s civilian-court claims dismissed. The case centers on a 2023 ruling by US District Judge Reggie Walton, who had set aside Bergdahl’s conviction after finding a possible conflict involving the military judge in the case.

Bergdahl’s legal challenge, filed in 2021, argued that his punishment violated due-process rights. The appeals court rejected that approach, saying the district court lacked jurisdiction to undo the military verdict. Bergdahl had asked that his conviction and sentence be erased because of alleged constitutional and military-rule violations.

Bergdahl became a high-profile figure after leaving his post in eastern Afghanistan’s Paktika province in 2009, where he said he intended to walk to headquarters to complain about conditions in his unit. He was later captured by the Taliban-affiliated Haqqani Network and held until 2014, when he was released in a prisoner swap under then-President Barack Obama. His case drew intense political criticism, including from Donald Trump, who called for harsh punishment during his 2015 campaign. Bergdahl later pleaded guilty to desertion and misbehavior before the enemy and was dishonorably discharged.