US appeals court says judge lacked power to overturn Bergdahl conviction

A federal appeals court has ruled that a civilian judge had no authority to overturn the military conviction of Bowe Bergdahl, the former U.S. Army soldier who was captured by Taliban-allied forces after deserting his post in Afghanistan.

The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday ordered the dismissal of Bergdahl's claims, saying that only military tribunals have the power to vacate a court-martial judgment. The ruling reverses a 2023 decision by District Judge Reggie Walton, who had found that the military judge in Bergdahl's case created a potential conflict of interest by failing to disclose his application for an immigration judge position.

Bergdahl had filed suit in 2021, arguing that his punishment violated his Fifth Amendment due-process rights. The appeals court disagreed, with Circuit Judge Robert Wilkins writing that "Bergdahl's claim thus conflicts with that longstanding limitation." Chief Judge Sri Srinivasan and Circuit Judge Gregory Katsas also heard the case.

Bergdahl, then 23 and from Hailey, Idaho, left his post near Afghanistan's Paktika Province in June 2009 to hike to headquarters to complain about poor leadership in his unit. He was captured by the Haqqani network, a Taliban-affiliated group, and tortured during nearly five years of captivity. He was released in 2014 in a prisoner swap that drew sharp criticism from Donald Trump and others.

After his release, Bergdahl was charged with desertion and misbehavior before the enemy. He pleaded guilty in 2017 and was dishonorably discharged. Prosecutors had sought a 14-year prison sentence. Several U.S. service members were wounded during the search for him.

One of Bergdahl's lawyers, Eugene Fidell, did not immediately respond to a request for comment.