A federal judge in Washington has vacated the military conviction of Bowe Bergdahl, a former US soldier who pleaded guilty to desertion after leaving his post in Afghanistan and being captured by the Taliban. District Judge Reggie Walton ruled that the military judge who presided over the court-martial, Jeffrey Nance, failed to disclose that he had applied for a job as an immigration judge in the executive branch, creating a potential conflict of interest.
Bergdahl's lawyers had argued that comments by then-presidential candidate Donald Trump, who called for severe punishment, placed undue command influence on the judge. While Judge Walton rejected that specific argument, he said a reasonable person could question Nance's impartiality given the undisclosed job application.
Bergdahl, then 23, left his post in Afghanistan in 2009, saying he intended to report poor leadership within his unit. He was abducted by the Taliban and held captive for nearly five years, during which he was repeatedly tortured and beaten with copper wires, rubber hoses and rifle butts. He was imprisoned in a small cage for four years after several escape attempts.
Several US service members were wounded searching for Bergdahl. In 2014, he was returned to the US in a prisoner swap for five Taliban leaders held at Guantanamo Bay, a deal that drew criticism from Trump and others. In 2017, Bergdahl pleaded guilty to desertion and misbehavior before the enemy. Prosecutors sought 14 years in prison, but he received no time due to evidence of torture; he was dishonourably discharged and ordered to forfeit $10,000 in pay.
His conviction had been narrowly upheld by military appeals courts before his lawyers took the case to the US district court, resulting in Tuesday's ruling. The Justice Department declined to comment. Eugene Fidell, one of Bergdahl's lawyers, said he was gratified by the ruling and praised Judge Walton's meticulous 63-page opinion.
