Judge lacked power to overturn ex-soldier Bowe Bergdahl’s military conviction, appeals court rules
The panel said a federal judge lacked jurisdiction to erase Bergdahl’s conviction, rejecting a 2023 ruling that cited a potential conflict of interest.
- On Tuesday, the Columbia Circuit ruled that a federal judge lacked authority to vacate Bowe Bergdahl's military conviction for desertion, ordering the dismissal of Bergdahl's claims in District.
- In June 2009, Bergdahl deserted his post in Paktika Province, Afghanistan, while a 23-year-old soldier, after which Taliban-affiliated Haqqani forces abducted him and held him captive for five years.
- District Judge Reggie Walton had previously vacated the conviction, citing a conflict of interest involving military judge Jeffrey Nance, but the Court concluded that only military tribunals hold authority to vacate a court-martial judgment.
- The three-judge panel, including Chief Judge Sri Srinivasan, Circuit Judge Gregory Katsas, and Circuit Judges Robert Wilkins, ordered the dismissal as Bergdahl had sued in 2021, arguing his Fifth Amendment due-process rights were violated.
- Prosecutors at the court-martial sought 14 years in prison after Bergdahl pleaded guilty in 2017 to desertion; Eugene Fidell, one of Bergdahl's lawyers, did not immediately respond to comment on Wednesday.
18 Articles
18 Articles
Judge lacked power to overturn captured ex-soldier’s conviction: court
By MICHAEL KUNZELMAN, The Associated Press
Judge lacked power to overturn ex-soldier Bowe Bergdahl’s military conviction, appeals court rules
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…
Judge lacked power to overturn ex-soldier Bowe Bergdahl's military conviction, appeals court rules
An appeals court panel has ruled that a federal judge didn’t have the authority to overturn former U.S.
Dismissal of ex-US soldier Bergdahl’s conviction was invalid, court rules
Appeals panel says only military tribunals may assess court-martial convictions in blow to former Afghan war prisoner. Published On 2 Sep 20262 Sep 2026 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 […]
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