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Conviction Vacated

All articles tagged with #conviction vacated

legalcriminal-justice2 years ago

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.

militaryjustice2 years ago

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.