July 25, 2023 9:43pm EDT
Bowe Bergdahl court-martial conviction for Army desertion thrown out by federal judge
Bergdahl pleaded guilty in 2017 to desertion, was dishonorably discharged from Army but spared prison time
By Louis Casiano | Fox News
A former U.S. Army soldier who pleaded guilty to desertion after leaving his post while deployed in Afghanistan and was subsequently captured and tortured by the Taliban had his court-martial conviction vacated Tuesday.
The ruling by U.S. District Judge Reggie Walton in Washington D.C. said that military judge Jeffrey Nance, who presided over the court-martial of Bowe Bergdahl, failed to disclose that he had applied to the executive branch for a job as an immigration judge, creating a potential conflict of interest.
Fox News Digital has reached out to the Army and Justice Department.
Walton noted that former President Trump criticized Bergdahl during the 2016 presidential campaign. Bergdahl's lawyers argued that the criticism placed command influence on Nance.
Walton rejected that argument, but he said a reasonable person could question the judge’s impartiality under the circumstances. It was not clear if the ruling could possibly result in the reinstatement of rank or change of status for Bargdahl's dishonorable discharge.
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https://www.foxnews.com/politics/bowe-bergdahl-court-martial-conviction-army-desertion-thrown-federal-judge
