Judge lacked power to overturn ex-soldier Bowe Bergdahl's military conviction, appeals court rules
Summary
A federal appeals court ruled that a judge did not have the power to overturn Bowe Bergdahl’s military conviction for desertion. The court said only military courts can change court-martial decisions, so Bergdahl’s case was dismissed in civilian court.Key Facts
- Bowe Bergdahl was a U.S. Army soldier convicted of deserting his post in Afghanistan in 2009.
- He was captured by Taliban-linked forces and held for nearly five years before being released in a prisoner swap in 2014.
- Bergdahl pleaded guilty in 2017 and was dishonorably discharged, but prosecutors wanted a 14-year prison sentence.
- In 2023, a federal judge tried to overturn Bergdahl’s conviction, saying there was a conflict of interest with the military judge.
- The U.S. Court of Appeals ruled that civilian courts do not have the authority to overturn military court decisions.
- Three judges, including one nominated by President Trump, agreed the case should be dismissed.
- Bergdahl’s lawyer said they are considering their options after the ruling.
- Bergdahl left his post to report poor leadership but was charged with desertion and misbehavior before the enemy.
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