Dismissal of ex-US soldier Bergdahl’s conviction was invalid, court rules
Appeals panel says only military tribunals may assess court-martial convictions in blow to former Afghan war prisoner.
A federal judge did not have the authority to vacate former U.S. Army soldier Bowe Bergdahl's military conviction for deserting his post in Afghanistan, as ruled by an appeals court. The U.S. Court of Appeals for the District of Columbia Circuit ruled that District Judge Walton lacked jurisdiction to overturn Bergdahl's court-martial conviction and sentence in 2023.
Bergdahl had claimed in 2021 that the punishment violated his Fifth Amendment due-process rights. The appeals court determined that only military tribunals can vacate a court-martial judgment. Circuit Judges Robert Wilkins, Sri Srinivasan, and Gregory Katsas heard Bergdahl's appeal.
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