Federal Judge Vacates Military Conviction of Bowe Bergdahl, Citing Conflict of Interest of Presiding Judge

A federal judge has vacated the military conviction of Bowe Bergdahl, a former U.S. Army soldier who pleaded guilty to desertion after he left his post and was captured in Afghanistan and tortured by the Taliban. The ruling from U.S. District Judge Reggie Walton in Washington states that military judge Jeffrey Nance, who presided over the court-martial, failed to disclose that he had applied to the executive branch for a job as an immigration judge, creating a potential conflict of interest.

Bergdahl’s lawyers argued that President Donald Trump’s comments about the case placed undue command influence on Nance. Walton rejected the specific argument surrounding undue command influence, but he did find that Nance had a conflict of interest and that he had failed to disclose it.

The ruling means that Bergdahl’s conviction is vacated and the case will be remanded to a different military judge. Bergdahl was sentenced to a dishonorable discharge, reduction in rank, and a fine of $1,000 per month for 10 months in November 2017.

The case has been closely watched by legal experts, who have argued that the case is a test of the military justice system’s ability to remain independent from political influence. The ruling is a victory for Bergdahl’s lawyers, who have argued that the military court system should be held to the same standards as civilian courts.