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Remember Bowe Bergdahl? Captured by the Taliban after going walkabout, Bergdahl was feted by the Obama White House until convicted of desertion. Probably no need to point out the US service member injured while looking for him, either…<\/p>\n
The ruling from U.S. District Judge Reggie Walton in Washington says that military judge Jeffrey Nance, who presided over the court-martial, failed to disclose that he had applied to the executive branch for a job as an immigration judge, creating a potential conflict of interest.<\/p><\/blockquote>\n
for those who wonder, Walton is a W appointee from 2001.<\/p>\n
Walton noted that former President Donald Trump had strongly criticized Bergdahl during the 2016 presidential campaign. Bergdahl’s lawyers argued that Trump’s comments placed undue command influence on Nance.<\/p>\n
Walton rejected the specific argument surrounding undue command influence, but he said a reasonable person could question the judge’s impartiality under the circumstances.<\/p>\n
Bergdahl was charged with desertion and misbehavior before the enemy after the then-23-year-old from Hailey, Idaho, left his post in Afghanistan in 2009. He said he was trying to get outside his post so he could report what he saw as poor leadership within his unit, but he was abducted by the Taliban and held captive for nearly five years.<\/p>\n
During that time, Bergdahl was repeatedly tortured and beaten with copper wires, rubber hoses and rifle butts. After several escape attempts, he was imprisoned in a small cage for four years, according to court documents.<\/p>\n
Several U.S. servicemembers were wounded searching for Bergdahl. In 2014, he was returned to the U.S. in a prisoner swap for five Taliban leaders who were being held at Guantanamo Bay.<\/p>\n
The swap faced criticism from Trump, then-Sen. John McCain and others. Both Trump and McCain called for Bergdahl to face severe punishment.<\/p>\n
In 2017, he pleaded guilty to both charges.<\/p><\/blockquote>\n
Not being a ‘lawer’, I can only wonder why IF HE PLED GUILTY the judge’s future position (which only created a ‘potential appearance of lack of impartiality’) is of any relevance.<\/p>\n
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