Dismissal of ex-US soldier Bergdahl’s conviction was invalid, court rules
Summary
A federal appeals court ruled that a judge did not have the authority to overturn former soldier Bowe Bergdahl’s military conviction for desertion. This decision means Bergdahl’s court-martial conviction and sentence are now reinstated.Key Facts
- Bowe Bergdahl was convicted by a military court for leaving his post in Afghanistan in 2009.
- He was captured by Taliban-linked forces and held for nearly five years.
- Bergdahl’s conviction was vacated by a judge in 2023 due to a potential conflict of interest involving the military judge.
- The appeals court said only military appellate courts can overturn court-martial convictions, not civilian district courts.
- Bergdahl’s legal team argued his Fifth Amendment due-process rights were violated.
- He pleaded guilty in 2017 to desertion and misbehavior before the enemy and was dishonorably discharged.
- Bergdahl was released in a 2014 prisoner swap that exchanged him for five Taliban prisoners held at Guantanamo Bay.
- President Donald Trump criticized the prisoner swap and had called for the death penalty for Bergdahl during his 2015 campaign.
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