Bowe Bergdahl's conviction vacated by federal judge, citing potential for conflict of interest
S E E D E D C O N T E N T
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.
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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.
Excuse me your "Civilian Honorship", but https://www.ecfr.gov/current/title-32/subtitle-A/chapter-I/subchapter-E/part-152," > , Section 152.3 kinda sez you ain't got no standing as the case and trial were handled under the USMJ standards - which is military, part of the Department of Defense and was/is not apart of the "Civilian" world of changing venue/trial outcomes.
To assist the President in fulfilling his responsibilities under the UCMJ, and to satisfy the requirements of Executive Order 12473, the Department of Defense shall review the Manual for Courts-Martial annually, and, as appropriate, propose legislation amending the UCMJ to ensure that the MCM and the UCMJ fulfill their fundamental purpose as a comprehensive body of military criminal law and procedure. The role of the JSC furthers these responsibilities.
Next question is - why should a "Military Judge" who has applied for a position as an Immigration Judge (which is civilian employment) have to recuse himself/themselves from conducting a fully dressed DoD military trial against a military member who VOLUNTARILY deserted his ranks????
Don't ring no bells with me, ya think?
IMHO, there should be no need for the fivilan judge to even hear this case. They should have taken berhdahl out and shot him in Afghanistan.
Fuck this guy and the judge.
Something we can agree on.
WTH, this is crazy.
I've never heard of anything like this happening. I'm wondering if the AF can, or will, appeal.
It would be up to DoD to appeal, not the AF.
What do some of you attorneys have to say 'bout this????
Okay.
I've heard nothing, but I can't imagine the prosecuting JAG lawyer being all that happy about this ruling.