Judge lacked power to overturn ex-soldier Bowe Bergdahl’s military conviction, appeals court rules

A federal appeals court ruled Tuesday that a district judge lacked authority to vacate former Army soldier Bowe Bergdahl’s court-martial conviction and sentence. The U.S. Court of Appeals for the District of Columbia Circuit ordered dismissal of Bergdahl’s claims, reversing District Judge Reggie Walton’s 2023 ruling. The appellate panel said federal district courts cannot directly vacate court-martial judgments, which remain subject to review within the military justice system. Bergdahl had argued that his Fifth Amendment due-process rights were violated because military judge Jeffrey Nance failed to disclose an application for a Justice Department immigration-judge position. Walton found that circumstance created a potential conflict. The appeals court’s September 1 decision did not resolve whether Nance was biased; it held that Walton lacked jurisdiction to grant the requested relief. Bergdahl pleaded guilty in 2017 to desertion and misbehavior before the enemy and received a dishonorable discharge. His attorney said options are being considered.