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Judge lacked power to overturn ex-soldier Bowe Bergdahl’s military conviction, appeals court rules
The panel said a federal judge lacked jurisdiction to erase Bergdahl’s conviction, rejecting a 2023 ruling that cited a potential conflict of interest.
- On Tuesday, the Columbia Circuit ruled that a federal judge lacked authority to vacate Bowe Bergdahl's military conviction for desertion, ordering the dismissal of Bergdahl's claims in District.
- In June 2009, Bergdahl deserted his post in Paktika Province, Afghanistan, while a 23-year-old soldier, after which Taliban-affiliated Haqqani forces abducted him and held him captive for five years.
- District Judge Reggie Walton had previously vacated the conviction, citing a conflict of interest involving military judge Jeffrey Nance, but the Court concluded that only military tribunals hold authority to vacate a court-martial judgment.
- The three-judge panel, including Chief Judge Sri Srinivasan, Circuit Judge Gregory Katsas, and Circuit Judges Robert Wilkins, ordered the dismissal as Bergdahl had sued in 2021, arguing his Fifth Amendment due-process rights were violated.
- Prosecutors at the court-martial sought 14 years in prison after Bergdahl pleaded guilty in 2017 to desertion; Eugene Fidell, one of Bergdahl's lawyers, did not immediately respond to comment on Wednesday.
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The Toronto Star+4 Reposted by 4 other sources
Judge lacked power to overturn ex-soldier Bowe Bergdahl’s military conviction, appeals court rules
WASHINGTON (AP) — A federal judge had no authority to overturn former U.S. Army soldier Bowe Bergdahl's military conviction for deserting his post in Afghanistan before Taliban-allied forces abducted him and held him captive for nearly five years, an appeals…
·Toronto, Canada
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Coverage Details
Total News Sources15
Leaning Left6Leaning Right2Center6Last UpdatedBias Distribution43% Left, 43% Center
Bias Distribution
- 43% of the sources lean Left, 43% of the sources are Center
43% Center
L 43%
C 43%
14%
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