WASHINGTON (AP) — A federal judge had no authority to overturn former U.S. Army soldier Bowe Bergdahl’s military conviction for deserting his post in Afghanistan before Taliban-allied forces abducted him and held him captive for nearly five years, an appeals court has ruled.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday ordered the dismissal of Bergdahl’s claims in district court. The panel said District Judge 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. 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 Justice Department.
But 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 Judges Robert Wilkins wrote.
Chief Judge Sri Srinivasan and Circuit Judge Gregory Katsas also heard the appeal in Bergdahl’s case. Srinivasan and Wilkins were nominated by Democratic President Barack Obama. Katsas was nominated by Republican President Donald Trump.
Eugene Fidell, one of Bergdahl’s lawyers, didn’t immediately respond to an email seeking comment on Wednesday.
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 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 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.
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. Prosecutors at his court-martial had sought 14 years in prison.
IUSTITIA.BG – Investigations 2009-2026 2026-09-02 15:45:28
Latest news World news Country news Most important news latest news most important latest of the day Justice Petar Nizamov Feathers Petar Nizamov- Feathers Justice bg iustitia.bg iustitia iusticia usticia investigation Burgas Bulgaria news news of the last hour news of the day news of today Bulgaria news The news from Bulgaria blitz news top news most important most commented latest news Boyko Borisov news weather coronavirus news news weather facebook youtube facebook instagram news today news of the last minutes news today today news news bg news leading news hot news bg news site for news all news news bg news of the last hour latest latest news bg news of today news today news today news of the last hour latest news today news bg news news 24 hours news vesti bg novini news world bird bg bivol bg bivol trud bg novini latest news today novinite bg news hello bulgaria political party coat of arms delyan peevski scandalous Bulgarian National Television Free Europe Television scandal exclusive live tv live right now tv tv online tv program bg live now tv news online tv online live court Burgas court Burgas district court Burgas court Burgas district court Burgas district court Burgas appellate court Burgas prosecutor Burgas prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Prosecutor General Ivan Geshev Prosecutor Geshev Tsatsarov Ministry of Internal Affairs Burgas ODMR Burgas ODPR Burgas police Burgas district police Burgas prosecutor Tsatsarov SGS cases Varna court chairman of the SGS court decisions on civil cases decisions on cases Plovdiv court decision of the court decisions cases Varna court criminal cases district district court decisions work in the court SGS chairman of the SGS judges Sofia court post judges Plovdiv court Plovdiv judges Plovdiv Supreme Court Inspectorate Supreme Court Supreme Judicial Council lawyer lawyer criminal cases lawyer civil cases lawyer marriage cases lawyer administrative criminal law criminal process civil law civil process administrative law constitutional law
