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

Judge lacked power to overturn ex-soldier Bowe Bergdahl’s military conviction, appeals court rules 1 of 2 | Army Sgt. Bowe Bergdahl arrives for a pretrial hearing at Fort Bragg, N.C., Jan. 12, 2016. (AP Photo/Ted Richardson, File) 2 of 2 | Army Sgt. Bowe Bergdahl leaves the Fort Bragg courtroom facility as the judge deliberates during a sentencing hearing at Fort Bragg, N.C., Nov. 3, 2017. (AP Photo/Gerry Broome, File) 1 of 2 | Army Sgt. Bowe Bergdahl arrives for a pretrial hearing at Fort Bragg, N.C., Jan. 12, 2016. (AP Photo/Ted Richardson, File) 1 of 2 Army Sgt. Bowe Bergdahl arrives for a pretrial hearing at Fort Bragg, N.C., Jan. 12, 2016. (AP Photo/Ted Richardson, File) Add AP News on Google Add AP News as your preferred source to see more of our stories on Google. Share 2 of 2 | Army Sgt. Bowe Bergdahl leaves the Fort Bragg courtroom facility as the judge deliberates during a sentencing hearing at Fort Bragg, N.C., Nov. 3, 2017. (AP Photo/Gerry Broome, File) 2 of 2 Army Sgt. Bowe Bergdahl leaves the Fort Bragg courtroom facility as the judge deliberates during a sentencing hearing at Fort Bragg, N.C., Nov. 3, 2017. (AP Photo/Gerry Broome, File) Add AP News on Google Add AP News as your preferred source to see more of our stories on Google. Share Updated [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year] Washington (AP) — A federal judge had no authority to overturn former U.S. Army soldier Bowe Bergdahl’s military conviction for deserting his post in Afghanistan before Taliban-allied forces abducted him and held him captive for nearly five years, an appeals court has ruled. A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday ordered the dismissal of Bergdahl’s claims in district court. The panel said District Judge Reggie Walton in Washington lacked the jurisdiction to vacate Bergdahl’s court-martial conviction and sentence in 2023.Bergdahl had sued in 2021, arguing that the 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 Justice Department. But the appeals court concluded that only military tribunals have the authority to vacate a court-martial judgment.“Bergdahl’s claim thus conflicts with that longstanding limitation,” Circuit Judges Robert Wilkins wrote.Chief Judge Sri Srinivasan and Circuit Judge Gregory Katsas also heard the appeal in Bergdahl’s case. Srinivasan and Wilkins were nominated by Democratic President Barack Obama. Katsas was nominated by Republican President Donald Trump.