Dismissal of ex-US soldier Bergdahl’s conviction was invalid, court rules

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Um painel de três juízes do Tribunal de Apelações dos EUA para o Circuito do Distrito de Columbia, na terça-feira, ordenou o arquivamento das alegações de Bergdahl no tribunal distrital.

A decisão essencialmente reestabelece a condenação do ex-soldado.

The panel said District Judge Reggie Walton, sitting in Washington, DC, lacked the jurisdiction to vacate Bergdahl’s court-martial conviction and sentence in 2023.

Bergdahl had sued in civilian court in 2021, arguing that the military punishment violated his Fifth Amendment due-process rights. Walton ruled that military judge Jeffrey Nance created a potential conflict of interest by failing to disclose his application for a position as an immigration judge in the US Department of Justice.

But the appeals court concluded that only a court of appeals within the military justice system has the authority to overturn a court-martial judgement.

Bergdahl, então um soldado de 23 anos de Hailey, Idaho, estava estacionado na província de Paktika, no leste do Afeganistão, em junho de 2009, quando deixou seu posto sem permissão.

His defence team said he left to hike to headquarters to complain about what he viewed as poor leadership in his unit.

Bergdahl was captured by forces from the Taliban-affiliated Haqqani Network and repeatedly tortured before his release from captivity in 2014 as part of a prisoner swap under then-President Barack Obama.

The deal – which freed five Taliban prisoners from the Guantanamo Bay detention facility – was sharply criticised by some conservatives, including Donald Trump, who would be elected president two years later.

Em 2015, durante sua campanha, Trump pediu a pena de morte para Bergdahl. Ele também criticou a decisão de poupá-lo de tempo na prisão, chamando-a de “disgrace” ao país.

Several US service members were wounded during the search for Bergdahl, who was charged with desertion and misbehaviour before the enemy after his release from captivity.

He pleaded guilty to both charges in 2017 and was dishonourably discharged. Prosecutors at his court martial had sought 14 years in prison.

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