Court Reinstates Bowe Bergdahl's Conviction, Overturns Federal Ruling
A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit has reinstated the court-martial conviction of former Army Sgt. Bowe Bergdahl, ruling that only military appellate tribunals have the authority to vacate such convictions. This decision overturns a 2023 ruling by a federal district court that had set aside Bergdahl's conviction due to potential bias.
Bergdahl, who deserted his post in Afghanistan in 2009 and was held captive for nearly five years, pled guilty in 2017 to charges of desertion and misbehavior before the enemy. He received a dishonorable discharge, although prosecutors had sought a prison sentence of up to 14 years.
The appeals court's decision, authored by Circuit Judge Robert Wilkins, emphasized that Bergdahl's request to have his conviction expunged must be addressed through military appellate review, not civilian courts. The panel included Judges Sri Srinivasan and Gregory Katsas.
The 2023 district court ruling by Judge Reggie Walton had vacated Bergdahl's conviction, citing the military judge's failure to disclose a job application with the Justice Department as a potential conflict of interest. Following the appeals court's decision, Bergdahl's attorney, Eugene Fidell, expressed disappointment and indicated they are considering further legal options.