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WASHINGTON, D.C. – In 2009 U.S. Army soldier Bowe Bergdahl vacated his post and walked away in Afghanistan. He was captured by the Taliban and held for five years. Other soldiers sustained serious injuries trying to find him.
In a highly controversial 2014 move, then-President Barack Obama traded five Taliban prisoners for Bergdahl’s release. The exchange was criticized by many.
In 2017, Bergdahl pleaded guilty to desertion. He had his rank reduced from sergeant to private, forfeited $10,000 in pay, and was discharged from the Army without serving time in prison.
On Tuesday, the ex-soldier from Hailey, Idaho, had his court-martial conviction vacated by U.S. District Judge Reggie Walton in Washington D.C., Fox News Digital reported.
Walton said the military judge who presided over Bergdahl’s court-martial, Jeffrey Nance, failed to disclose that he had applied to the executive branch for a job as an immigration judge, which allegedly created a potential conflict of interest.
Soon-to-be President Donald Trump criticized Bergdahl during the 2016 presidential campaign. Bergdahl’s lawyers argued that the criticism placed command influence on Nance.
Walton noted Trump’s comments, but reportedly rejected the argument, although he said a reasonable person could question the judge’s impartiality under the circumstances while he then proceeded to issue a ruling that had the appearance of agreeing with the assertion made by Bergdahl’s attorneys.
It was unclear how the ruling will impact Bergdahl’s standing with the Army regarding the punishment he received, according to Fox.
“This case presents a unique situation where the military judge might be inclined to appeal to the president’s expressed interest in the plaintiff’s conviction and punishment when applying for the immigration judge position,” Walton wrote.
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Source: www.lawofficer.com