Bowe Bergdahl, who was captured by the Taliban after deserting his Afghanistan command post in 2009, will have his sentence vacated, according to a ruling by U.S. District Judge Reggie Walton.
The judge stated that the military jurist who heard the case may have been influenced by former President Donald Trump's disparaging remarks about Bergdahl. Bergdahl had pleaded guilty in October 2017 to charges of desertion and misbehavior before the enemy.
The sentence handed to Bergdahl, which included a dishonorable discharge and a fine of $1,000 a month for 10 months, attracted criticism for not including prison time. This was particularly notable considering that Bergdahl's actions led to the death of a soldier and injuries to four others who searched for him.
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Judge Walton's ruling was based on the failure of the court martial judge, Army Col. Jeffery Nance, to disclose a possible conflict of interest. Nance had told the court during voir dire that he had no reason to recuse himself from the case. However, it was later revealed that Nance had applied to become a federal immigration judge in the same month that Bergdahl entered his plea.
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Bergdahl's attorneys argued that Nance had reason to appease Trump's distaste for Bergdahl in order to improve his chances of receiving a judicial appointment. They based this argument on comments made by Trump during his 2016 presidential campaign, in which he criticized then-President Barack Obama's decision to return Bergdahl to the US in exchange for the release of five Taliban members from Guantanamo Bay.
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In court documents, Bergdahl's attorneys highlighted Trump's disparaging remarks about their client, including calling him "the worst," "no good," a "bum," a "wack job," a "piece of garbage," a "son of a bitch," and "a very bad person who killed six people." They also noted that Trump had pantomimed executions by rifle and pistol shot while discussing Bergdahl.
Judge Walton agreed with Bergdahl's argument, stating in his opinion that "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, or at least that being the perception a reasonable member of the public would have." As a result, Walton vacated all orders and rulings issued by Nance since October 16, 2017, which was the date when Nance submitted his employment application for an immigration judge position.
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This ruling highlights the potential influence of political rhetoric on the judicial process and raises questions about the fairness of Bergdahl's original sentence. The case will now be subject to further review and potential retrial, ensuring that justice is served without any perceived conflicts of interest.
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