Bowe Bergdahl court-martial conviction for Army desertion thrown out by federal judge

[mystery-ak]

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.

more
https://www.foxnews.com/politics/bowe-bergdahl-court-martial-conviction-army-desertion-thrown-federal-judge

 

[rangerrebew]

Judge vacates desertion conviction for Bowe Bergdahl, former US soldier captured in Afghanistan
By MATTHEW BARAKAT
ASSOCIATED PRESS • July 25, 2023
 


FALLS CHURCH, Va. — A federal judge on Tuesday vacated the military conviction of Bowe Bergdahl, a former U.S. Army soldier who pleaded guilty to desertion after he left his post and was captured in Afghanistan and tortured by the Taliban.

The ruling from U.S. District Judge Reggie Walton in Washington says that military judge Jeffrey Nance, who presided over the court-martial, failed to disclose that he had applied to the executive branch for a job as an immigration judge, creating a potential conflict of interest.

Walton noted that former President Donald Trump had strongly criticized Bergdahl during the 2016 presidential campaign. Bergdahl's lawyers argued that Trump's comments placed undue command influence on Nance.

Walton rejected the specific argument surrounding undue command influence, but he said a reasonable person could question the judge's impartiality under the circumstances.

https://www.stripes.com/theaters/us/2023-07-25/us-bergdahl-court-martial-10855715.html

[rangerrebew]

Will the military be required to give the CMOH or Silver Star for his bravery in desertion?

[PeteS in CA]

U.S. District Judge Reggie Walton

[mystery-ak]

Will the military be required to give the CMOH or Silver Star for his bravery in desertion?

Ha...but I bet he will now receive back pay for all those years...