Federal judge vacates former Army soldier Bowe Bergdahl’s court martial conviction for desertion
A federal judge vacated former Army soldier Bowe Bergdahl’s court martial conviction for desertion nearly 15 years after he was captured by the Taliban after leaving his post in Afghanistan.
U.S. District Judge Reggie Walton ruled Tuesday that military judge Col. Jeffrey Nance may have had a conflict of interest when he presided over Bergdahl’s case, as Nance did not disclose he had applied for a job as an immigration judge at the Justice Department during the Trump administration.
Former President Donald Trump was highly critical of the former sergeant during his 2016 campaign and as president — repeatedly calling him a traitor — which Walton noted may have influenced Nance. He ruled a reasonable person could question Nance’s impartiality. Nance now serves as an immigration judge in Charlotte, N.C.
Bergdahl, now 37, walked off his base in 2009 when he was 23, claiming he wanted to report wrongdoing and poor leadership in his unit, but was captured by the Taliban, who tortured him for several years before he was freed in a swap for five Taliban leaders who had been prisoners at Guantanamo Bay. The swap was highly criticized in Republican circles, including Trump who suggested Bergdahl be executed.
While he was a prisoner, several soldiers were wounded while searching for him, including one who succumbed to his injuries in 2019.
Upon returning to the U.S., Bergdahl was charged with desertion and misbehavior before the enemy and pleaded guilty after apologizing to the soldiers wounded in efforts to rescue him.
He pleaded guilty to both charges but did not receive prison time after submitting evidence of the torture and beatings he underwent while in Taliban custody. He was demoted to private, dishonorably discharged and forced to return thousands of dollars in pay.
Before Tuesday’s ruling, Bergdahl had lost several military appeals. Bergdahl may now seek to have his rank restored and his dishonorable discharge expunged, which would make him eligible for benefits from the Veteran’s Affairs Administration.
With News Wire Services
