A federal appeals court has ruled that only military tribunals have the authority to assess court-martial convictions, impacting former US Army soldier Bowe Bergdahl's case. The US Court of Appeals for the District of Columbia Circuit ordered the dismissal of Bergdahl's claims in district court, effectively reinstating his conviction for desertion. The three-judge panel stated that District Judge Reggie Walton lacked jurisdiction to vacate Bergdahl's military conviction and sentence in 2023.
Bergdahl had filed a lawsuit in civilian court in 2021, arguing that his military punishment violated his Fifth Amendment due-process rights. Judge Walton had ruled that military judge Jeffrey Nance created a potential conflict of interest by not disclosing his application for a position as an immigration judge in the US Department of Justice. However, the appeals court determined that only military justice system courts have the authority to overturn court-martial judgments.
Circuit Judge Robert Wilkins noted, "Because Bergdahl seeks to have his court-martial conviction declared expunged and without effect due to violations of the Constitution and military rules, and its consequences reversed, he effectively asked the District Court to vacate the military judgment. However, the authority to vacate a court-martial judgment belongs to tribunals exercising direct appellate review, not district courts conducting collateral review."
Bergdahl, who was 23 years old at the time, left his post in eastern Afghanistan's Paktika province in June 2009 without permission. His defense team stated he intended to complain about perceived poor leadership. He was captured by the Taliban-affiliated Haqqani Network and held for nearly five years before being released in 2014 as part of a prisoner swap under then-President Barack Obama. The swap, which involved the release of five Taliban prisoners from Guantanamo Bay, faced significant criticism, including from Donald Trump, who later called for the death penalty for Bergdahl during his 2016 presidential campaign. Bergdahl was charged with desertion and misbehavior before the enemy, pleaded guilty in 2017, and was dishonorably discharged.