A federal appeals court has ruled that a judge did not have the authority to overturn Bowe Bergdahl's military conviction for desertion. The U.S. Court of Appeals for the District of Columbia Circuit dismissed Bergdahl's claims, stating that only military tribunals can vacate a court-martial judgment. The ruling was issued on Tuesday, with the panel noting that District Judge Reggie Walton lacked jurisdiction in the matter.
Bergdahl, who was convicted in 2017, argued that his punishment violated his Fifth Amendment due-process rights. Walton had previously ruled that military judge Jeffrey Nance created a potential conflict of interest by not disclosing his application for an immigration judge position. However, the appeals court concluded that this did not grant the district court the authority to vacate the conviction.
Circuit Judge Robert Wilkins stated that Bergdahl's claim conflicted with the established limitation on jurisdiction. The panel included Chief Judge Sri Srinivasan and Circuit Judge Gregory Katsas. Srinivasan and Wilkins were nominated by President Barack Obama, while Katsas was nominated by President Donald Trump.
Following the decision, Eugene Fidell, one of Bergdahl's lawyers, indicated that they were considering their legal options. Fidell expressed disappointment with the ruling, emphasizing the case's significance and the serious issues it raises.
Bowe Bergdahl, who left his post in Afghanistan in June 2009, was captured by the Taliban-affiliated Haqqani network and held captive for nearly five years. He was released in 2014 as part of a prisoner swap. Bergdahl was charged with desertion and misbehavior before the enemy, pleading guilty to both charges and receiving a dishonorable discharge. Prosecutors had sought a 14-year prison sentence at his court-martial.