Bowe Bergdahl’s Conviction and Dishonorable Discharge Overturned by Judge

Bowe Bergdahl’s Conviction and Dishonorable Discharge Overturned by Judge


A federal judge on Tuesday ⁢wiped out ​the conviction​ and ⁣sentence of Bowe⁣ Bergdahl,‍ the former Army sergeant ‍who​ walked off a base in Afghanistan in ‌2009 only to be held‌ captive by the Taliban for⁤ five years,⁤ and whose release in a prisoner swap prompted intense controversy.

In a 63-page​ ruling, Judge Reggie B. Walton of the Federal District​ Court for the District of ⁣Columbia vacated ⁢all‍ the court-martial proceedings against Sergeant⁣ Bergdahl after October 2017. At the​ time, the military judge in ⁣the case, Jeffery R. Nance, ⁤then an Army colonel, applied for a job with the Justice Department under​ President Donald J. Trump, a⁤ step he did not disclose. Mr.⁣ Trump had ​repeatedly railed‌ against the sergeant, calling ‌him a traitor and ⁣suggesting that he be​ executed.

The ruling could lead to a second trial before a new judge. In pleading guilty to desertion‌ and to⁣ endangering the⁤ American troops sent to search for him at⁢ his court-martial, Sergeant Bergdahl had his rank ⁤reduced to private ‌and was dishonorably discharged.

Eugene R. Fidell, a lawyer for Sergeant Bergdahl, called the decision “an important victory,” but said ⁤it was ​not yet clear how the military or ‌his client would proceed, including whether either side will appeal.

The⁣ defense could challenge ‍a portion ‌of Judge Walton’s ruling in which he rejected its ⁤argument that the‍ entire case should ⁣be thrown out because of⁢ the comments by Mr. Trump.

Colonel Nance had ⁤earlier rejected a⁤ similar‍ motion, and he had submitted that ruling as a writing sample with his job application at⁤ the Justice Department. Judge Walton⁢ said those circumstances raised the ⁢appearance of ⁣potential​ bias that required redoing the ‌case.

The⁣ case, he said,‍ presented ⁤“a ‍unique situation where the military judge might ⁣be⁣ inclined​ to appeal to the president’s expressed interest in the‍ plaintiff’s conviction and punishment when ​applying” for a job as an immigration judge.

In the spring, Judge Walton had issued a terse preliminary order and‍ said⁣ he would issue a written opinion ​within ​60 days “absent extraordinary ​circumstances,”⁢ but that deadline had come and gone. His opinion on Tuesday was accompanied by ⁣a final order ‌that can be appealed.

In 2009, Sergeant ‍Bergdahl left his⁢ outpost in⁢ Afghanistan without permission, intending to hike to another military post and report perceived wrongdoing at his unit. A sanity board​ later found that he had been suffering from a “severe mental disease or‌ defect”⁢ at ⁤the⁤ time.

Hours later, he was captured by militants, prompting a dangerous but ‌fruitless search. His captors held⁢ him⁢ in ​brutal conditions for five​ years, locking​ him in a ⁣cage and in the dark for‌ lengthy periods and beating him with ​cables.

In 2014, ‍the Obama administration secured ‍his release in exchange for sending five high-level Taliban detainees from the Guantánamo‍ Bay prison in Cuba to Qatar. ⁢Several later ⁢took part in peace⁣ talks ‍with the Trump administration over ending the Afghanistan war.

The ‍sergeant’s…

2023-07-25 18:06:42
Original from www.nytimes.com
rnrn

Exit mobile version