A US federal appeals court has ruled that the dismissal of former US Army soldier Bowe Bergdahl’s court-martial conviction was invalid, effectively reinstating his military conviction.
A three-judge panel of the US Court of Appeals for the District of Columbia Circuit ruled that a federal district judge did not have the authority to overturn Bergdahl’s military conviction and sentence.
The appeals court said only a military appellate court has jurisdiction to directly overturn a court-martial judgment.
Bergdahl had challenged his conviction in civilian court, arguing that his constitutional right to due process had been violated. In 2023, US District Judge Reggie Walton overturned his conviction after finding that military judge Jeffrey Nance had failed to disclose his application for a position as an immigration judge, creating a potential conflict of interest.
However, the appeals panel ruled that the district court lacked jurisdiction to vacate the military judgment.
Bergdahl, who was 23 when he left his post in Afghanistan’s Paktika province in June 2009, was subsequently captured by the Taliban-affiliated Haqqani Network. He remained in captivity for nearly five years and later described being subjected to repeated torture.
He was released in 2014 as part of a prisoner exchange negotiated by the administration of then-President Barack Obama. The deal involved the release of five Taliban prisoners from Guantanamo Bay and sparked strong criticism from some US conservatives.
After returning to the United States, Bergdahl was charged with desertion and misbehaviour before the enemy. He pleaded guilty to both charges in 2017 and was dishonourably discharged from the Army.
Military prosecutors had sought a 14-year prison sentence, but Bergdahl was not sentenced to prison.
The latest appeals court ruling means his military conviction remains in effect, although further legal proceedings may still be possible.
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