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.

Key points

• Bergdahl had sued in 2021, arguing that the punishment violated his Fifth Amendment due-process rights.
• A three-judge panel from the U.S.

What happened

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 almost five years, an appeals court has ruled.

In practice, 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 remarked 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.

The bottom line

Taken together, the developments around judge lacked power to overturn ex-soldier Bowe Bergdahls military conviction, appeals court point to a situation that is still moving, and the coming days should bring more clarity.