A federal judge, Reggie Walton, made a significant ruling on Tuesday that overturned the military conviction of Bowe Bergdahl, a former U.S. Army soldier. Bergdahl had pleaded guilty to desertion after leaving his post in Afghanistan and being captured and tortured by the Taliban. Judge Walton’s decision was based on the fact that the military judge, Jeffrey Nance, had failed to disclose his application for a job as an immigration judge to the executive branch, which created a potential conflict of interest.
The ruling highlighted the criticism that Bergdahl had faced from former President Donald Trump during the 2016 presidential campaign. Bergdahl’s lawyers argued that Trump’s comments had undue influence on Judge Nance. While the argument about undue command influence was rejected, Judge Walton acknowledged that a reasonable person could question the judge’s impartiality given the circumstances.
Bergdahl’s case involved charges of desertion and misbehavior before the enemy. He left his post in Afghanistan in 2009, claiming to report poor leadership within his unit. However, he was abducted by the Taliban and endured nearly five years of captivity, during which he suffered repeated torture, beatings, and imprisonment.
The search for Bergdahl resulted in injuries to several U.S. service members, and one soldier, Master Sgt. Mark Allen, tragically lost his life in 2019 due to injuries sustained during a mission to gather information about Bergdahl’s whereabouts in 2009.
In 2014, Bergdahl was eventually released in a prisoner swap for five Taliban leaders held at Guantanamo Bay. However, the swap received criticism from figures like Trump and then-Sen. John McCain, who called for severe punishment for Bergdahl.
In 2017, Bergdahl pleaded guilty to the charges against him. Prosecutors sought a 14-year prison sentence, but he ultimately received no time in prison after providing evidence of the torture he endured while in Taliban custody. He was dishonorably discharged and had to forfeit $10,000 in pay.
Bergdahl’s conviction and sentence had been upheld by military appeals courts before his lawyers brought the case to U.S. District Court, leading to Judge Walton’s ruling on Tuesday. The Justice Department declined to comment on the decision.
Bergdahl’s lawyer, Eugene Fidell, expressed satisfaction with the ruling and praised Judge Walton’s meticulousness in rendering his 63-page opinion. Calls and emails made to the immigration court in North Carolina, where Judge Nance now serves as an immigration judge, went unanswered.
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