Current:Home > ContactBowe Bergdahl's conviction vacated by federal judge -AssetLink
Bowe Bergdahl's conviction vacated by federal judge
View
Date:2025-04-13 01:18:34
Former U.S. Army Sgt. Bowe Bergdahl, who was court-martialed for desertion during his tour of Afghanistan, had his conviction vacated on Tuesday by a federal judge, who said a military judge had failed to disclose a potential conflict of interest.
Prior to ruling on Bergdahl's case, the military judge had submitted an application for a position as an immigration judge in the Justice Department under then-President Donald Trump, Judge Reggie B. Walton wrote in Tuesday's order.
The military judge "should have disclosed his job application as a potential ground for his disqualification," Walton wrote.
Bergdahl walked away from his base in Afghanistan and was held prisoner by the Taliban for years. U.S. officials reached a deal in 2014 for his release, exchanging five members of the Taliban for him.
Bergdahl was charged with desertion and misbehavior before the enemy. His court-martial was held in Fort Bragg, North Carolina, from 2015 to 2017.
During that court-martial, Bergdahl's lawyers filed a motion for dismissal, saying statements by Sen. John McCain and Trump were influencing the trial.
Trump had been critical of Bergdahl, repeatedly "vilifying" him before and during his successful 2016 election campaign, Walton wrote, adding a list of insulting names Trump had called the sergeant.
Bergdahl's motion for dismissal "specifically referenced the former president’s desire that the plaintiff be convicted and how he should be punished," Walton wrote.
"Thus, the Court concludes that, based upon the military judge’s job application to an executive branch position -- a situation in which he might reasonably be expected to appeal to the president’s expressed interest in the plaintiff’s conviction and punishment -- 'it would appear to a reasonable person,' 'knowing all the circumstances,' 'that [the judge]’s impartiality was in jeopardy,'" Walton wrote, citing in quotes precedents from previous decisions.
What happened in Afghanistan and the ensuing high-profile trial were the subject of the second season of the popular "Serial" podcast.
veryGood! (341)
Related
- Current, future North Carolina governor’s challenge of power
- Court upholds Michael Avenatti’s conviction for plotting to extort up to $25 million from Nike
- Lahaina death toll remains unclear as Hawaii authorities near the end of their search
- USA Gymnastics must allow scrutiny. Denying reporter a credential was outrageous decision.
- Megan Fox's ex Brian Austin Green tells Machine Gun Kelly to 'grow up'
- California prison on generator power after wildfires knock out electricity and fill cells with smoke
- As back-to-school costs soar, experts provide tips to help families save
- 'AGT': Howie Mandel, Terry Crews' Golden Buzzer acts face off in Top 2 finale showdown
- Louvre will undergo expansion and restoration project, Macron says
- Man who fatally shot South Carolina college student entering wrong home was justified, police say
Ranking
- Biden administration makes final diplomatic push for stability across a turbulent Mideast
- The Complicated Truth About the Royal Family's Reaction to Princess Diana's Death
- Texas judge rules as unconstitutional a law that erodes city regulations in favor of state control
- A sesame allergy law has made it harder to avoid the seed. Here's why
- 'As foretold in the prophecy': Elon Musk and internet react as Tesla stock hits $420 all
- NewJeans is a new kind of K-pop juggernaut
- UPS driver dies days after working in searing Texas heat
- Activists Crash Powerful Economic Symposium in Jackson Hole as Climate Protests and Responses to Them Escalate
Recommendation
Travis Hunter, the 2
The Fate of Elle Fanning's The Great Revealed
White Sox promote former player Chris Getz to general manager
Dairy Queen is offering 85 cent Blizzards: Here's how to get the signature DQ treat
The Daily Money: Spending more on holiday travel?
Miley Cyrus Reveals the Real Story Behind Her Controversial 2008 Vanity Fair Cover
Charlize Theron Reveals She's Still Recovering From This '90s Beauty Trend
Couple arrested for animal cruelty, child endangerment after 30 dead dogs found in NJ home