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 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 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. 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 Judge 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, 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.”

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.