A federal judge had no authority to overturn former U.S. Army soldier Bowe Bergdahl‘s military conviction for deserting his post in Afghanistan, an appeals court has ruled. The U.S. Court of Appeals for the District of Columbia Circuit made this decision on Tuesday, ordering the dismissal of Bergdahl‘s claims in district court.
The three-judge panel said District Judge Reggie Walton in Washington lacked the jurisdiction to vacate Bergdahl‘s court-martial conviction and sentence in 2023. Bergdahl had sued in 2021, arguing that the punishment violated his Fifth Amendment due-process rights.
Appeals Court Decision
Bergdahl had claimed 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 Justice Department. However, the appeals court concluded that only military tribunals have the authority to vacate a court-martial judgment.
“Bergdahl‘s claim thus conflicts with that longstanding limitation,” Circuit Judge Robert Wilkins wrote. Chief Judge Sri Srinivasan and Circuit Judge Gregory Katsas also heard the appeal in Bergdahl‘s case.
Background on the Case
Bergdahl, then a 23-year-old soldier from Hailey, Idaho, was stationed near Afghanistan’s Paktika Province in June 2009 when he left his post without permission. He was captured by forces from the Taliban-affiliated Haqqani network and repeatedly tortured before his release from captivity in 2014 as part of a prisoner swap.
Several U.S. service members were wounded during the search for Bergdahl, who was charged with desertion and misbehavior before the enemy after his release from captivity. He pleaded guilty to both charges in 2017 and was dishonorably discharged.
Eugene Fidell, one of Bergdahl‘s lawyers, said they were weighing their legal options after Tuesday’s decision. “We’re certainly disappointed. It’s an important case that raises serious issues,” Fidell said. “The case has lasted a long time, but we are closely examining the available alternatives.”
Next Steps
Bergdahl‘s team is closely examining the available alternatives. Eugene Fidell said, “The case has lasted a long time, but we are closely examining the available alternatives.”
The U.S. Court of Appeals for the District of Columbia Circuit panel, consisting of judges nominated by both Democratic and Republican presidents, brought a diverse perspective to the case. Chief Judge Sri Srinivasan and Circuit Judge Robert Wilkins were nominated by Democratic President Barack Obama, while Circuit Judge Gregory Katsas was nominated by Republican President Donald Trump.
Bergdahl was captured by forces from the Taliban-affiliated Haqqani network and repeatedly tortured before his release from captivity in 2014 as part of a prisoner swap that was sharply criticized by Trump and others while he was running for his first term as president. During his court-martial, prosecutors requested a 14-year prison sentence.
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