Bowe Bergdahl’s conviction dismissal to be considered by US Appeals Court

| June 7, 2024 | 24 Comments

A U.S. District Court Judge dismissed the conviction of Bowe Bergdahl. The Justice Department appealed this dismissal at the U.S. Court of Appeals at the District of Columbia. The reason for the conviction dismissal involved an argument that the presiding judge for the original trial had a “conflict of interest”. Bergdahl’s lawyers also argued that then President Donald Trump, and then Senator John McCain, had command influence on the proceedings.

From Military.com:

A filing May 29 puts the case in the hands of the U.S. Court of Appeals for the District of Columbia Circuit. Judge Reggie Walton ruled last July that the sentence given by the military judge in Bergdahl’s court-martial — a reduction in rank and dishonorable discharge — must be dismissed because the judge failed to disclose a potential conflict of interest while overseeing the case.

After Walton’s announcement, the Justice Department filed a motion for reconsideration, as did Bergdahl’s attorneys, who argued that a separate decision by Walton dismissing their argument that President Donald Trump and the now-deceased Sen. John McCain, R-Ariz., had exerted unlawful command influence in the case be reconsidered.

Walton on May 23 published his reasoning for his decisions, reaffirming his earlier stance — that the dismissal of Bergdahl’s conviction should stand because Army judge Col. Jeffery Nance failed to disclose he had applied for a job within the Trump administration while he was hearing the case and in fact cited his involvement in the Bergdahl case as part of the application process.

Walton also said he saw no reason to reconsider his decision refuting that unlawful command influence had been committed by Trump or McCain.

The Justice Department argued that there was a “risk of injustice” if Bergdahl’s court-martial results were overturned, and the dismissal would result in a new court-martial that would cost the military time and resources.

In his opinion, Walton said those arguments weren’t applicable, given legal precedent.

The Justice Department also said that, by vacating the court-martial, the decision risked undermining public confidence in the judicial system. But Walton argued that, if he had decided against dismissing the sentence when Nance clearly had a conflict of interest, that would undermine the system as well.

Additional Reading:

Kime, P. (2024, June 6, 2024). US Apeeals court to reconsider dismissal of former Army Sgt. Bowe Bergdahl’s conviction. Military.com. Link.

Category: Afghanistan, Barack Obama/Joe Biden, Blue Falcons, Taliban, Terror War, Veterans in the news

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Sapper3307

FTG! 24/7/365

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Sailorcurt

“The Justice Department also said that, by vacating the court-martial, the decision risked undermining public confidence in the judicial system.”

Pretty sure that ship’s already sailed.

HT3

^Insert metaphor for too late…
I prefer “closing the barn after the horse got out”

I have ZERO confidence in the judicial system…
ZEE-FUCKING-O

KoB

Pretty sure that ship’s already sailed.” Nailed it!

And the only “injustice” here is this mofo is still stealing oxygen. Maybe he can find gainful employment as a chef for his Bruh Barry…and Big Mike. I hear that there is an opening.

Odie

Are they looking for a pivot partner?

Army-Air Force Guy

Why they didn’t decide to just leave him there after it came to light that he went to the Taliban on his own accord is beyond me. Don’t know why he’s trying to get his sentence vacated, he’s lucky he’s not making gravel at Ft. Leavenworth.

President Elect Toxic Deplorable Racist SAH Neande

Should have left him there and rescinded his US citizenship.
“We don’t care where you go, but you can’t stay here” seems to fit.

BennSue

Because if it’s vacated, he would be entitled to back pay and benefits, unless tried again.

SidneyBroadshead

Plus he was promoted to Sergeant. They should claw that back.

SFC D

“The Justice Department argued that there was a “risk of injustice” if Bergdahl’s court-martial results were overturned, and the dismissal would result in a new court-martial that would cost the military time and resources”.

No problem. We can start a “Go Fund Me” right here. I’m sure we can raise enough to pay for a new court-martial with enough left over to keep TAH running a couple of years.

timactual

“Army judge Col. Jeffery Nance failed to disclose he had applied for a job within the Trump administration while he was hearing the case and in fact cited his involvement in the Bergdahl case as part of the application process”

Charge it to that moron.

Odie

Can’t be anymore expensive than aid to Ukraine

Blaster

The Democrats have turned the DoJ into their own political enforcement wing of the government and the Republicans stood by and let them do it. I don’t know that Trump will be able to turn it all around I. Just 4 years.

Odie

In my world, I see Trump going scorched earth on day 3. Day 1 is getting sworn in and speeches about what’s coming. Day 2 is executive orders of his making while recinding Joe’s (obamas) orders. Day 3 begins the arrests.

Popcorn and comfy chair at the ready to witness all the splodey heads. Even Shawn Hannity the other day was trying to pin Trump down to show leniency. Trump ignored the bait.

Blaster

OMG,, I PRAY you’re right!!!!

Hack Stone

Saw his interview this week on Fox. If he exacted retribution upon everyone who did him and the country wrong, there would be no time left to do the work that needs to be done in order to restore America to its former dominance in economics, manufacturing, defense and leadership in the world. It’s going to take at least two consecutive Republican administrations to fix the damage that Biden’s puppet masters foisted on us.

Forest Bondurant
TopGoz

Your AI picture generator isn’t so strong on the “I”. What is this guy supposed to be fingering?

IMG_6495
Jimbo

Caught in the act. He’s wiping a buger on the wall, or is that a Bergdahl conviction!

Jimbo

If the trail resulted in a conviction based upon facts and witnesses, and legal research that shows a correct finding. And anybody reading the transcript concludes a guilty verdict should have been reached. Why then must you conclude that a conflict of interest exist when the proper conclusion was found. So the conflict of interest was found. But, not a discrepancy in the verdict. Makes no sense to me, I’m not an attorney so I don’t understand all the funkies of law. But I do see bullshit coming from the left and this sure stinks.

Blaster

BTW,,, what a sorry POS this individual is!!!

He isn’t worth the price of the paper the news articles written about him are printed on! Much less the loss of life of the patriots trying to find/help him!

F him and F his OBAMA ass kissing DAD!

TOO MANY good men died for his stupid shit!!!!
Also, F this guy that let him off!

Hack Stone

Presidential candidate Donald Trump speaking about Bowe Bergdahl is undue command influence, but President Barack Obama saying that he served with “honor and distinction” is not undue command influence. Do we have that right?

Anonymous

Well, he already got off with “time served” for being beaten and butt-raped every day for five years from being stupid…

rgr769

And they have the audacity to claim Trump is a traitor.