By The Epoch Times | Created at 2026-09-02 23:26:25 | Updated at 2026-09-03 01:22:52
2 hours ago
A District of Columbia appeals court reinstated former Army soldier Bowe Bergdahl’s conviction on Sept. 1 after
rulingthat a federal judge lacked authority to overturn his military conviction for leaving his post in Afghanistan.
The three-judge appeals panel of the U.S. Court of Appeals in Washington ordered Bergdahl’s lawsuit filed in district court to be dismissed.
The former soldier sued in 2021 seeking a review of his court-martial conviction for abandoning his post in 2009, claiming it was unconstitutional under the Fifth Amendment.
A district court judge agreed, vacating military court orders and rulings, rendering them void.
The decision was appealed by the U.S. Justice Department.
In Tuesday’s ruling, the panel found District Judge Reggie Walton in Washington “lacked jurisdiction over Bergdahl’s claims.”
The Justice Department’s attorney Brad Hinshelwood argued for the U.S. government.
Eugene Fidell, one of Bergdahl’s lawyers, didn’t respond to a request for comment about the decision by publication time.
He told The Associated Press his team was considering their legal options.
“We’re certainly disappointed,” Fidell said. “It’s an important case that raises serious issues. The case has lasted a long time, but we are closely examining the available alternatives.”
In 2009, Bergdahl, a 23-year-old from Hailey, Idaho, was serving in Paktika province, in the southeastern part of Afghanistan near the Pakistan border, when he left his post without permission to hike to headquarters.
He was with the 1st Battalion, 501st Infantry Regiment, 4th Brigade Combat Team, 25th Infantry Division.
Bergdahl claimed he left to complain about conditions and leadership deficiencies within his unit, according to court filings.
During his journey, he was captured by the Taliban-allied Haqqani network and held hostage for five years.
Bergdahl was tortured and kept in brutal conditions before he was released in 2014 as part of a prisoner swap during President Barack Obama’s administration, which released five top Taliban officers from Guantanamo Bay detention in the deal.
The exchange was criticized by President Donald Trump and others.
In this file image taken from a video obtained from Voice Of Jihad Website, Sgt. Bowe Bergdahl sits in a vehicle guarded by the Taliban in eastern Afghanistan. Voice Of Jihad Website/AP video
The soldier’s disappearance led to a search and rescue mission, which resulted in several injuries to service members and possibly six deaths as troops searched for him in Paktika province, according to Defense Department records.
Bergdahl was spared prison time in 2017 when a military judge ordered he should be dishonorably discharged from the service, which resulted in the loss of all veteran and military benefits.
The judge also recommended he be demoted from sergeant to private.
Defense lawyers argued at his military hearing Bergdahl had several mental health conditions and should not go to prison.
He apologized in court for the suffering he caused his comrades and admitted he had made a “horrible mistake.”
In this file image taken from a video obtained from the Voice Of Jihad Website, Sgt. Bowe Bergdahl (R) stands with a Taliban fighter in eastern Afghanistan. Voice Of Jihad Website via AP video
In 2017, Trump continued to express disappointment with the Obama administration’s decision to return the “Taliban Five,” writing on social media that it was “a complete and total disgrace to our Country and to our Military.”
Four of the five released in 2014 joined the Taliban’s new hardline government in Afghanistan and held top positions in intelligence, border affairs, defense, and culture affairs.
The fifth was appointed a governor of an eastern province in 2021.
