D.C. Appeals Court Rules Judge Lacked Power to Overturn Bowe Bergdahl Conviction

A federal appeals court ruled a judge had no authority to overturn Bowe Bergdahl's military conviction for desertion.

TruthFoundry News Desk

Stands on 4 placed sources from 2 publishers.

The U.S. Court of Appeals for the District of Columbia Circuit ruled on Tuesday that a federal judge lacked the authority to overturn Bowe Bergdahl's military conviction for desertion. ^[1] The appeals court concluded that only military tribunals hold the authority to vacate a court-martial judgment, stating that Bergdahl's claim conflicts with that longstanding limitation. ^[2] Bowe Bergdahl sued in 2021 arguing that the punishment violated his Fifth Amendment due-process rights because military judge Jeffrey Nance failed to disclose his application for a position as an immigration judge in the Justice Department. ^[3] The appeals court concluded that District Judge Reggie Walton in Washington lacked the jurisdiction to vacate Bowe Bergdahl's court-martial conviction and sentence from 2023. ^[4]

What this stands on

The appeals court concluded that only military tribunals hold the authority to vacate a court-martial judgment, stating that Bergdahl's claim conflicts with that longstanding limitation. · The Independent

Bowe Bergdahl sued in 2021 arguing that the punishment violated his Fifth Amendment due-process rights because military judge Jeffrey Nance failed to disclose his application for a position as an immigration judge in the Justice Department. · Winnipeg Free Press

The appeals court concluded that District Judge Reggie Walton in Washington lacked the jurisdiction to vacate Bowe Bergdahl's court-martial conviction and sentence from 2023. · Winnipeg Free Press

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