WASHINGTON, DC: In a significant ruling on Tuesday, July 25, Federal Judge Reggie B. Walton of the District of Columbia wiped out the conviction and sentence of Bowe Bergdahl, the former army sergeant known for walking off a base in Afghanistan in 2009 and subsequently being held captive by the Taliban for five years. The decision has reignited controversy surrounding Bergdahl's case and may lead to a second trial before a new judge.
'An important victory'
The ruling comes after a 63-page judgment by Judge Walton, which vacated all court-martial proceedings against Bergdahl after October 2017. At that time, the military judge handling the case, Colonel Jeffery R Nance, applied for a position with the Justice Department under former president Donald Trump without disclosing this fact. Trump had been vocal in his criticism of Bergdahl, labeling him a traitor and suggesting that he should be executed.
Bergdahl had previously pleaded guilty to desertion and endangering American troops involved in the search for him. Colonel Nance reduced his rank to private and ordered him to be dishonorably discharged but refrained from imposing a prison sentence. Eugene R Fidell, a lawyer representing Bergdahl, hailed the decision as "an important victory" but admitted that the next steps for both the military and his client remain unclear, leaving open the possibility of an appeal from either side.
One aspect of Judge Walton's ruling that could be contested was his rejection of the defense's argument to throw out the entire case based on Trump's comments. Colonel Nance had previously dismissed a similar motion, which raised concerns about potential bias due to his subsequent job application to the Justice Department, considering his ruling as a writing sample. Judge Walton asserted that these circumstances created an appearance of possible bias, warranting a redo of the case.
Who is Bowe Bergdahl?
Bergdahl's case has been fraught with complexities and political dimensions. In 2009, he left his outpost without authorization with the intention of reporting perceived wrongdoing at his unit. He was subsequently captured by militants, leading to a hazardous but unsuccessful search operation. Throughout his captivity, Bergdahl endured severe and relentless torture, facing brutal beatings with copper wires, rubber hoses and rifle butts. Despite attempting to escape multiple times, his captors subjected him to further cruelty, confining him in a small cage for an agonizing four years.
In 2014, then president Barack Obama and the administration secured his release through a prisoner swap, exchanging five high-level Taliban detainees from Guantanamo Bay for Bergdahl's freedom. The Obama administration initially celebrated the success of the swap, with the president appearing alongside Bergdahl's parents in the Rose Garden to commend him for "serving with honor and distinction."
Unforeseen consequences
However, the situation turned contentious, as the administration failed to notify Congress about the transfer of detainees, a move required by federal statute. This led to accusations of illegality and criticisms from Republicans. Former soldiers also emerged, accusing Bergdahl of desertion, further fueling the political firestorm and raising doubts about the worth of the prisoner exchange.
In the midst of the controversy, some former soldiers claimed that Bergdahl was attempting to join the Taliban and that several American lives had been lost during search missions to find him. One such soldier, Master Sgt Mark Allen, was gravely injured during the search, sustaining a gunshot to the head that left him unable to walk, talk or care for himself. Tragically, he died in October 2019, per The New York Times.
Donald Trump's comments
During the court-martial, Army prosecutors requested a 14-year sentence for Bergdahl, while his defense sought a dishonorable discharge, which would deny him crucial healthcare and benefits from the Department of Veterans Affairs. Trump strongly criticized the decision on Twitter, branding it a "disgrace" to the country and the military. His prior statements during his 2016 presidential campaign advocating for Bergdahl to be shot for desertion were also cited as evidence of unlawful command influence, potentially compromising Bergdahl's right to a fair trial.
Despite implicitly criticizing Trump for his comments, Judge Walton ultimately determined that the circumstances did not warrant dismissing the case entirely. “What occurred, in this case, illustrates why individuals aspiring for public office and those achieving that objective should not express their desired verdict and punishment of individuals merely accused of committing criminal offenses,” he wrote. The future of Bergdahl's case now hangs in the balance, with the possibility of a new trial under a different judge looming large.
