USALife.info / NEWS / 2023 / 07 / 26 / U.S. JUDGE THROWS OUT BOWE BERGDAHL'S COURT-MARTIAL CONVICTION
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U.S. judge throws out Bowe Bergdahl's court-martial conviction

18:42 26.07.2023

In a stunning turn of events, a federal judge has voided the 2017 court-martial conviction of Bowe Bergdahl, the Army sergeant who famously walked off his post in 2009 and was subsequently captured and held prisoner by the Taliban for five years. The ruling by U.S. District Judge Reggie Walton comes after he determined that the military judge who presided over Bergdahl's court-martial failed to disclose his application to become a federal immigration judge, creating a potential conflict of interest.

The decision to vacate Bergdahl's conviction is subject to appeal, but it raises questions about what the U.S. Army will do next. Geoffrey Corn, a retired Army officer and military law expert, speculates that the Army may choose to bring Bergdahl back to active duty and retry him, although he believes this outcome is unlikely.

Bergdahl's guilty plea in 2017 resulted in a dishonorable discharge, reduction in rank, and a $10,000 fine. However, the recent ruling now leaves his status in limbo. It remains unclear if the conviction will be reinstated or if Bergdahl's rank and discharge status will be impacted.

During the court-martial proceedings, it was revealed that the military judge, Jeffrey Nance, had submitted one of his orders in the Bergdahl case as a writing sample in his application to become a federal judge. This fact, combined with then-President Donald Trump's denunciations of Bergdahl, led Judge Walton to determine that there was the potential for bias in the case, although no actual bias was found.

Notably, Walton took the opportunity to issue a warning to politicians about commenting on ongoing cases, specifically referencing Trump's statements about Bergdahl. He emphasized the importance of individuals in public office refraining from expressing their desired verdicts and punishments for individuals accused of committing criminal offenses.

Bergdahl, who hails from Hailey, Idaho, pleaded guilty to desertion in 2017. He claimed that he left his post in Afghanistan in an attempt to report leadership issues within his unit. His disappearance triggered a risky search by fellow soldiers, some of whom were injured in the process.

In 2014, Bergdahl was freed in a controversial prisoner swap involving the release of five Taliban leaders held by the United States. The deal drew heavy criticism from Republicans and became a political flashpoint during the Obama administration.

The ruling to void Bergdahl's conviction has sparked speculation about what comes next for the former Army sergeant. His lawyers have called the decision an important victory but have not outlined their client's next steps or whether they plan to appeal the ruling. The Army and Justice Department have yet to comment on the ruling.

As the case continues to unfold, the implications of the ruling could have far-reaching consequences for the military justice system and the handling of high-profile court-martial cases. The spotlight on Bergdahl's story has brought attention to issues of command influence, potential bias, and the public perception of impartial legal processes. Judge Walton's warning to politicians serves as a reminder of the importance of preserving the integrity of the justice system.

Overall, the news of the voided conviction has left Bergdahl's future uncertain and raises significant questions about the Army's next steps. As the legal proceedings unfold, the case will undoubtedly continue to draw attention and scrutiny.

/ Wednesday, July 26, 2023, 6:42 PM /

themes:  Donald Trump  Military  Idaho

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