Judge lacked power to overturn ex-soldier Bowe Bergdahl’s military conviction, appeals court rules
Summary
An appeals court ruled that a federal judge did not have the power to overturn Army Sgt. Bowe Bergdahl's military conviction for desertion in Afghanistan. The court said only military courts can change court-martial decisions, rejecting Bergdahl’s claim that his due-process rights were violated.Key Facts
- Bowe Bergdahl was convicted by a military court for deserting his post in Afghanistan in 2009.
- He was captured by Taliban-linked forces and held captive for almost five years.
- Bergdahl pleaded guilty in 2017 to desertion and misbehavior before the enemy.
- He received a dishonorable discharge but avoided prison.
- A federal judge ruled in 2023 that Bergdahl’s trial was unfair due to a judge’s conflict of interest.
- The appeals court overturned that ruling, saying only military tribunals can overturn court-martial convictions.
- The appeals panel included judges appointed by Presidents Obama and Trump.
- Bergdahl’s capture and release were controversial, especially criticized by President Trump during his first presidential campaign.
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