<p><span style="font-weight: 400;">Bowe Bergdahl, the American soldier who was captured in <a href="https://www.dailywire.com/topic/afghanistan" target="_blank" rel="noopener">Afghanistan</a> and later traded for five <a href="https://www.dailywire.com/topic/taliban" target="_blank" rel="noopener">Taliban</a> leaders in a prisoner exchange, has had his desertion conviction vacated after a federal judge said the original case could have been clouded by a conflict of interest. </span></p>
<p><span style="font-weight: 400;">U.S. District Judge Reggie Walton <a href="https://apnews.com/article/bowe-bergdahl-court-martial-overturned-12da397af78384788a6a09d6499936c0" target="_blank" rel="noopener">vacated</a> the desertion conviction for <a href="https://www.dailywire.com/topic/bowe-bergdahl" target="_blank" rel="noopener">Bergdahl</a> this week. Under President Barack Obama, Bergdahl was traded for five Taliban leaders who had been detained in Guantanamo Bay. </span></p>
<p><span style="font-weight: 400;">According to Walton, because military judge Jeffrey Nance did not disclose his application to be an immigration judge under then-President Donald Trump, Nance’s presiding over Bergdahl’s trial could be construed as a conflict of interest because Trump had been vocally critical of Bergdahl. </span></p>
<p><span style="font-weight: 400;">The judge <a href="https://int.nyt.com/data/documenttools/bergdahl-decision/f32af7e7e7307b1f/full.pdf" target="_blank" rel="noopener">said</a> that Nance’s neutrality was “undermined” because “he 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.” </span></p>
<p><span style="font-weight: 400;">“Namely, the military judge in this case submitted a writing sample along with his application, consisting of an order in which he denied the plaintiff’s [Bergdahl] unlawful-command-influence motion which was based on President Trump’s statements, and ruled against the plaintiff — both actions that a reasonable person might view as serving the president’s interest in this case,” Walton’s ruling said. </span></p>
<p><span style="font-weight: 400;">Bergdahl was imprisoned and tortured by the Taliban for five years after walking away from his post in 2009. He said that he was going to report poor leadership in his unit, according to the Associated Press. </span></p>
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<p><span style="font-weight: 400;">After the Obama administration negotiated for a trade with the Taliban, Bergdahl returned to the U.S. where he was tried and pled guilty to desertion and misbehavior before the enemy. Bergdahl escaped jail time but was made to forfeit $10,000 in pay and was dishonorably discharged. </span></p>
<p><span style="font-weight: 400;">While campaigning for the GOP presidential nomination, Trump <a href="https://www.reuters.com/article/us-usa-defense-bergdahl-trump/bergdahl-lawyer-slams-candidate-trump-over-traitor-comments-idUKKCN0QP29X20150820" target="_blank" rel="noopener">called</a> Bergdahl a “dirty rotten traitor.” Trump also said that Bergdahl’s sentence was not strong enough, <a href="https://www.dailywire.com/news/trump-blasts-bergdahl-decision-complete-and-total-hank-berrien" target="_blank" rel="noopener">saying</a> that it was “a complete and total disgrace to our Country and to our Military.”</span></p>
<p><span style="font-weight: 400;">Four of the five Taliban members <a href="https://www.dailywire.com/news/four-taliban-members-released-from-gitmo-in-trade-for-bowe-bergdahl-now-part-of-hardline-afghan-government" target="_blank" rel="noopener">released</a> in exchange for Bergdahl joined the Taliban’s hardline government in Afghanistan after the group took over in the fall of 2021. </span></p>

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Bowe Bergdahl Has Desertion Conviction Vacated By Judge