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

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.

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