Appeals court upholds Bowe Bergdahl’s military conviction

The U.S. Court of Appeals for the District of Columbia Circuit has ruled that a federal judge lacked the jurisdiction to overturn the military conviction of former Army soldier Bowe Bergdahl. The three-judge panel ordered the dismissal of Bergdahl’s claims, asserting that only military tribunals possess the authority to vacate a court-martial judgment.

In 2023, District Judge Reggie Walton had attempted to set aside Bergdahl’s conviction and sentence, ruling that military judge Jeffrey Nance had created a potential conflict of interest by failing to disclose an application for a Justice Department position. Bergdahl had originally sued in 2021, alleging that his Fifth Amendment due-process rights were violated during his 2017 court-martial for deserting his post in Afghanistan.

Circuit Judge Robert Wilkins wrote that the claim conflicts with longstanding legal limitations regarding military justice. Bergdahl, who was captured by Taliban-allied forces in 2009 after leaving his post, was held captive for nearly five years. Legal counsel for Bergdahl expressed disappointment, stating they are examining available alternatives.