Current:Home > ContactBowe Bergdahl's conviction vacated by federal judge -GrowthInsight
Bowe Bergdahl's conviction vacated by federal judge
View
Date:2025-04-14 09:34:04
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! (221)
Related
- Scoot flight from Singapore to Wuhan turns back after 'technical issue' detected
- Meet Jasmin Moghbeli, a Marine helicopter pilot and mom of twins who is leading a crew to the space station
- As schools resume, CDC reports new rise in COVID emergency room visits from adolescents
- Spain's Jenni Hermoso says she's 'victim of assault,' entire national team refuses to play
- Megan Fox's ex Brian Austin Green tells Machine Gun Kelly to 'grow up'
- Thief steals former governor’s SUV as he hosts a radio show
- Chicago police are investigating a shooting at a White Sox game at Guaranteed Rate Field
- Federal judge: West Virginia can restrict abortion pill sales
- Hackers hit Rhode Island benefits system in major cyberattack. Personal data could be released soon
- UN experts say Islamic State group almost doubled the territory they control in Mali in under a year
Ranking
- 'Most Whopper
- In Iowa and elsewhere, bans on LGBTQ+ ‘conversion therapy’ become a conservative target
- College football Week 0 games ranked: Notre Dame, Southern California highlight schedule
- High cholesterol contributes to heart disease. Here's how to lower it.
- Are Instagram, Facebook and WhatsApp down? Meta says most issues resolved after outages
- White man convicted of killing Black Muslim freed after judge orders new trial
- Fire at a Texas prison forces inmates to evacuate, but no injuries are reported
- Best Buy scam alert! People are pretending to be members of the Geek Squad. How to spot it.
Recommendation
'Most Whopper
Missing North Carolina woman's body believed found; boyfriend charged with murder
Lahaina was expensive before the fire. Some worry rebuilding will price them out
Democrats accuse tax prep firms of undermining new IRS effort on electronic free file tax returns
Are Instagram, Facebook and WhatsApp down? Meta says most issues resolved after outages
Las Vegas Aces celebrated at White House for WNBA championship
New Mexico governor demands changes to make horse racing drug-free
60 years ago in Baltimore, a child's carousel ride marked the end of a civil rights journey