Tipsheet

Republicans Want Bowe Bergdahl to Face New Trial After Desertion Conviction Is Thrown Out

House Republicans, led by Rep. Michael Waltz (R-FL), are calling for the Department of Justice and Department of Defense to have a new trial for former Army Sgt. Bowe Bergdahl after a judge threw out his case for desertion and misbehavior before the enemy.

The New York Post reports U.S. District Judge Reggie Walton ruled Tuesday that Bergdahl would have his sentence overturned, after he pled guilty in 2017, due to his court-martial judge’s failure to disclose a possible conflict of interest. The reasoning was because Army Col. Jeffery Nance failed to disclose that he had applied to the Trump administration for a post as a federal immigration judge the same day.

GOP lawmakers wrote a letter to Defense Secretary Lloyd Austin and U.S. Attorney General Merrick Garland Bergdahl saying having his conviction overturned dishonors the soldiers who were “endangered and potentially … killed” as a result of his actions. Bergdahl did not have to serve time in prison after pleading guilty to walking away from his post in Afghanistan, resulting in him being captured by the Taliban and held for five years. 

“I was a leader in the search for Bowe Bergdahl after he deserted his post and we subsequently lost men looking for him,” he told the Post. “Not only did we lose brave service members, but then-President Obama also traded five terrorists in exchange for his release.”

“Nance … had also sentenced Bergdahl to time served, overriding Army recommendations and allowing him to leave the courtroom a free man," the GOP lawmakers added. “This is a deeply concerning lapse of justice and one of a pattern of disturbing efforts to whitewash and even celebrate the exchange of Bergdahl for terrorists.”