Military Times reports that a federal appeals court has restored Bowe Bergdahl’s 2017 court martial conviction, overturning a 2023 decision that vacated it. A three judge D.C. Circuit panel ruled that the civilian district court did not have jurisdiction to overturn the military judgment, saying collateral review of court martial convictions must remain within the military justice system.
Bergdahl pleaded guilty in 2017 to desertion and misbehavior before the enemy after walking away from his Afghanistan post in 2009 and being captured by the Taliban. The search for him resulted in severe injuries to other U.S. troops and the death of a military working dog. He was dishonorably discharged and ordered to forfeit $10,000 in pay, but received no prison sentence after presenting evidence of torture and abuse in captivity.
The 2023 ruling had vacated the conviction after finding that the military judge had failed to disclose an application for an executive-branch immigration judge position, potentially creating a conflict of interest. Bergdahl’s attorneys also argued that Donald Trump’s public calls for Bergdahl to be severely punished, including a call for execution during the 2016 campaign, created improper command influence.
The appeals court did not rule on either of those underlying issues. Bergdahl’s attorney says the case still raises serious questions about the integrity of the military justice system, and his legal team has 45 days to consider seeking reconsideration or Supreme Court review.
Source: https://www.militarytimes.com/news/your-military/2026/09/03/court-overturns-2023-ruling-that-wiped-bowe-bergdahls-conviction/
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