Current:Home > reviewsBowe Bergdahl's conviction vacated by federal judge -RiskWatch
Bowe Bergdahl's conviction vacated by federal judge
View
Date:2025-04-11 12:47:35
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! (7597)
Related
- Newly elected West Virginia lawmaker arrested and accused of making terroristic threats
- Idaho set to execute Thomas Eugene Creech, one of the longest-serving death row inmates in the US
- Community searching for answers after nonbinary teen Nex Benedict dies following fight at school
- Shohei Ohtani won’t pitch this season after major elbow surgery, but he can still hit. Here’s why
- 'Most Whopper
- The Smokehouse Creek Fire in Texas has charred more than 250,000 acres with no containment
- EAGLEEYE COIN: Senator proposes raising starting point for third-party payment networks
- Jam Master Jay killing: Men convicted of murder nearly 22 years after Run-DMC's rapper's death
- Newly elected West Virginia lawmaker arrested and accused of making terroristic threats
- Leap day deals 2024: Get discounts and free food from Wendy's, Chipotle, Krispy Kreme, more
Ranking
- NFL Week 15 picks straight up and against spread: Bills, Lions put No. 1 seed hopes on line
- US economy grew solid 3.2% in fourth quarter, a slight downgrade from government’s initial estimate
- US looks at regulating connected vehicles to prevent abusers from tracking victims
- The Supreme Court is weighing a Trump-era ban on bump stocks for guns. Here's what to know.
- Trump's 'stop
- A new mom died after giving birth at a Boston hospital. Was corporate greed to blame?
- Messi, Argentina plan four friendlies in the US this year. Here's where you can see him
- US looks at regulating connected vehicles to prevent abusers from tracking victims
Recommendation
Small twin
Idaho set to execute Thomas Eugene Creech, one of the longest-serving death row inmates in the US
Shohei Ohtani won’t pitch this season after major elbow surgery, but he can still hit. Here’s why
Kansas City Chiefs DB Coach Says Taylor Swift Helped Travis Kelce Become a Different Man
Head of the Federal Aviation Administration to resign, allowing Trump to pick his successor
More than 330,000 Jeep Grand Cherokees are recalled to fix steering wheel issue
Avalanche kills 4 skiers in Kyrgyzstan visiting from Czech Republic and Slovakia
Bradley Cooper Shares He’s Not Sure He Would Be Alive If Not for Daughter Lea