Tag

Bowe Bergdahl

All articles tagged with #bowe bergdahl

legal2 years ago•7 min saved

"Trump's Bias Voided Bergdahl's Desertion Conviction"

U.S. District Judge Reggie Walton has vacated the court-martial conviction and sentence of Bowe Bergdahl, the former soldier who admitted to desertion and misbehavior before the enemy. The judge ruled that the appearance of bias was created when the military judge overseeing Bergdahl's case applied for a job in the Trump administration, while assuring attorneys that he was impervious to pressure from then-President Donald Trump. The ruling gives Bergdahl a clean slate, revoking his dishonorable discharge. The judge's actions were deemed misleading, and the case highlights the importance of maintaining public confidence in the administration of justice. The next legal steps are unclear, and it remains to be seen how the Army and Justice Department will respond to the ruling.

via NPR|

#bias #bowe-bergdahl #court-martial

legalcriminal-justice2 years ago•1 min saved

Federal Judge Overturns Bowe Bergdahl's Conviction Due to Conflict of Interest

A federal judge has vacated the conviction of former U.S. Army Sgt. Bowe Bergdahl, who was court-martialed for desertion during his Afghanistan tour, citing a potential conflict of interest. The military judge presiding over Bergdahl's case had failed to disclose that he had applied for a position as an immigration judge in the Justice Department under then-President Donald Trump. The judge's failure to disclose his job application was deemed a potential ground for disqualification, as it could have compromised his impartiality. Bergdahl's lawyers had previously argued that statements made by Trump and Sen. John McCain were influencing the trial.

via ABC News|

#bowe-bergdahl #conflict-of-interest #conviction-vacated

militaryjustice2 years ago•2 min saved

Judge Throws Out Bowe Bergdahl's Desertion Conviction

A US judge has vacated the military conviction of Bowe Bergdahl, a former army soldier who pleaded guilty to desertion after leaving his post in Afghanistan and being captured and tortured by the Taliban. The judge ruled that the military judge overseeing the court-martial failed to disclose a potential conflict of interest, as he had applied for a job as an immigration judge. While rejecting the argument of undue command influence, the judge stated that a reasonable person could question the judge's impartiality. Bergdahl's conviction and sentence had been upheld by military appeals courts before his lawyers took the case to the US district court, resulting in the recent ruling.

via The Guardian US|

#bowe-bergdahl #conflict-of-interest #conviction-vacated

legalcriminal-justice2 years ago•4 min saved

Judge Overturns Bowe Bergdahl's Conviction and Discharge

A federal judge has vacated the conviction and sentence of Bowe Bergdahl, the former Army sergeant who walked off a base in Afghanistan in 2009 and was held captive by the Taliban for five years. The judge ruled that the military judge in the case had applied for a job with the Trump-era Justice Department, raising concerns of bias. The ruling could lead to a second trial before a new judge. Bergdahl had pleaded guilty to desertion and endangering American troops. The defense argued that comments made by President Trump amounted to unlawful command influence, but the judge did not find sufficient grounds to dismiss the case entirely.

via The New York Times|

#bowe-bergdahl #conviction #judge-reggie-b-walton

military2 years ago•3 min saved

Former US Soldier's Desertion Conviction Vacated by Judge

A federal judge has vacated the military conviction of former U.S. Army soldier Bowe Bergdahl, who pleaded guilty to desertion after leaving his post in Afghanistan and being captured and tortured by the Taliban. The judge ruled that the military judge overseeing the court-martial failed to disclose a potential conflict of interest, as he had applied for a job as an immigration judge. Former President Donald Trump's strong criticism of Bergdahl during the 2016 campaign was also cited as a factor. Bergdahl's lawyers argued that Trump's comments influenced the case.

via The Associated Press|

#bowe-bergdahl #conflict-of-interest #desertion

military2 years ago•4 min saved

Judge Overturns Bowe Bergdahl's Sentence, Shifting Case's Direction

A federal judge has thrown out the court-martial sentence of former Army Sgt. Bowe Bergdahl, ruling in favor of his argument that the Army judge in his case failed to disclose a possible conflict of interest. The judge's failure to disclose that he had applied for a civilian position at the Justice Department while presiding over the court-martial led to the voiding of all orders and rulings issued by the judge. Bergdahl, who pleaded guilty to charges of desertion and misbehavior before the enemy, could now request a reinstatement of rank or change of status for his dishonorable discharge. The judge rejected Bergdahl's claims of unlawful command influence by President Donald Trump and the late Sen. John McCain, stating that their comments did not influence the outcome of the case. Both Bergdahl and the Justice Department have the right to appeal the decision.

via Military.com|

#bowe-bergdahl #conflict-of-interest #court-martial