A federal appeals court has ruled that a lower court judge had no authority to overturn former US Army soldier Bowe Bergdahl’s military conviction for deserting his post in Afghanistan. The ruling by a three-judge panel effectively reinstates the former soldier`s conviction and sentence from his high-profile court-martial.
Bergdahl was held captive by Taliban-allied forces for nearly five years after leaving his combat outpost in 2009. In 2021, he filed a lawsuit in civilian court arguing that his military punishment violated his fifth amendment due process rights. District Judge Reggie Walton previously ruled in his favor, concluding that the military judge had created a potential conflict of interest by failing to disclose a job application within the Department of Justice.
However, the US Court of Appeals for the District of Columbia Circuit ordered the dismissal of Bergdahl`s civil claims. The appellate panel concluded that only a court within the military justice system holds the legal authority to review and overturn court-martial judgments, stripping civilian district courts of jurisdiction over such military disciplinary matters.
