Republicans urge new Bowe Bergdahl trial after judge tosses desertion case
WASHINGTON — A group of GOP lawmakers is urging the Justice and Defense departments to order a new trial for former Army Sgt. Bowe Bergdahl — who was captured by the Taliban after deserting his Afghanistan command post in 2009 — after a federal judge vacated his conviction on Wednesday.
In a letter to Defense Secretary Lloyd Austin and Attorney General Merrick Garland, the five congressmen say that the striking of Bergdahl’s conviction dishonors his fellow soldiers who were “endangered and potentially … killed” as a result of his actions.
“In consultation with the Department of Justice, we urge you to examine the options to order a new trial as expeditiously as possible,” Reps. Michael Waltz (R-Fla.), Dan Crenshaw (R-Texas), Jake Ellzey (R-Texas), Ryan Zinke (R-Mont.) and Guy Reschenthaler (R-Pa.) wrote in the letter to Austin.
The letter was led by Waltz, a former Green Beret who had a personal connection to the case.
“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 in an exclusive interview. “Not only did we lose brave service members, but then-President Obama also traded five terrorists in exchange for his release.”
US District Judge Reggie Walton ruled Tuesday that Bergdahl, who pleaded guilty on Oct. 16, 2017, to charges of desertion and misbehavior before the enemy, would have his sentence overturned due to his court-martial judge’s failure to disclose a possible conflict of interest.
“This outcome dishonors those who served and died alongside Bergdahl, and by omission condoning such behavior, puts the lives of future American soldiers in peril,” the lawmakers wrote.
The conviction was overturned because the military judge who accepted Bergdahl’s plea, Army Col. Jeffery Nance, had failed to disclose that he had applied to the Trump administration for a post as a federal immigration judge the same day.
Walton ruled that because Nance had reason to please then-President Donald Trump — who had repeatedly expressed his contempt for Bergdahl and his actions — to get a judicial appointment, his rulings on the soldier’s conviction and sentence were void.
Nance sentenced Bergdahl to a dishonorable discharge from the Army, as well as to pay $1,000 a month for 10 months.
But the punishment was widely criticized by those who felt the soldier deserved jail time.
“Nance … had also sentenced Bergdahl to time served, overriding Army recommendations and allowing him to leave the courtroom a free man,” the GOP lawmakers wrote. “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.”
Should the Biden administration agree to the request, it will likely take time to establish the way forward. Bergdahl was tried under the military’s own system of justice in a court-martial, but its ruling was overturned by a civil court.
Therefore, the lawmakers asked Austin and Garland to team up on the matter.
But Waltz told The Post that the government has a responsibility to ensure Bergdahl’s case is retried so he receives full accountability for his actions.
“The families of the fallen deserve justice and we can’t allow a legal technicality to wipe the record clean for a traitor who pled guilty to desertion,” Waltz said. “We are demanding the Pentagon appeal this decision and retry the case.”
