Federal appeals court overturns 2023 ruling, restores Bowe Bergdahl's conviction

A federal appeals court reinstated Bowe Bergdahl's conviction on Tuesday, overturning a 2023 ruling that had vacated the court-martial of the former U.S. Army soldier. Bergdahl walked off his base in Afghanistan in 2009, triggering an intensive search that resulted in injuries to other troops.

Court Ruling

A three-judge panel on the D.C. Circuit ruled that the federal court which overturned Bergdahl's military conviction lacked the jurisdiction to do so. The panel determined that only the military justice system has the authority to reverse Bergdahl's judgment.

"District courts lack jurisdiction on collateral review to vacate court-martial judgments," Judge Robert Wilkins wrote on behalf of the panel.

Background

• Bergdahl, then 23, walked off his base during a deployment to Afghanistan in 2009 and was subsequently captured by the Taliban.
• American soldiers were severely injured, and one military working dog, Remco, was killed during operations to find him.
• Bergdahl stated he left his post to reach another headquarters and report perceived issues with leadership. Instead, he was abducted, tortured, and held in brutal conditions.
• Then-President Barack Obama negotiated Bergdahl's release in a 2014 prisoner swap, exchanging him for five Taliban leaders held at Guantanamo Bay.

Court-Martial and Sentencing

Bergdahl pleaded guilty to desertion and misbehavior before the enemy during a 2017 military court-martial. He was dishonorably discharged and ordered to forfeit $10,000 in pay. Although prosecutors sought 14 years' imprisonment, he was not sentenced to any time after presenting evidence that he was tortured.

Political Controversy

The prisoner swap, case, and sentencing sparked political backlash. Former Sen. John McCain and President Donald Trump called for Bergdahl to be harshly punished. Trump called for Bergdahl's execution during his 2016 campaign, and Bergdahl's attorneys argued that Trump's comments could have influenced the military judge.

Previous Vacated Conviction

Approximately three years ago, a civilian judge vacated Bergdahl's conviction, arguing that the military judge in his initial court-martial did not disclose an application for an executive branch job as an immigration judge—a potential conflict of interest.

The D.C. panel did not rule on whether Trump's comments influenced the case or whether the initial military judge should have disclosed his job application with the Justice Department.

Attorney's Response

Eugene R. Fidell, Bergdahl's attorney, told Military Times that the case concerns "the integrity of the military justice system" and that "there is a grave command influence problem that has pervaded this case from the very beginning."

He expressed disappointment that the appeals court did not address that issue. Fidell's team has 45 days to consider options for challenging the ruling, including asking the same panel to reconsider or seeking discretionary review by the Supreme Court.

Eve Sampson is a reporter and former Army officer. She has covered conflict across the world, writing for The New York Times, The Washington Post, and The Associated Press.