Bowe Bergdahl, the Army Soldier who deserted his post in Afghanistan, wound up in the hands of the Taliban, and was later brought home in a disastrous prisoner swap orchestrated by Obama, just got some very bad news indeed from a federal appeals court.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday that the federal judge who vacated Bergdahl’s 2017 court-martial conviction three years ago never had the authority to do so.
In other words, what was once seen as a huge legal victory for Bergdahl has now gone up in smoke.
The appeals court vacated the lower court’s ruling and ordered Bergdahl’s case dismissed for lack of jurisdiction, which effectively restores his 2017 military conviction and sentence.
Bergdahl was serving with the Army in Afghanistan in June 2009 when he made the choice to walk away from his post without permission. According to the court, Bergdahl claimed he intended to reach another military outpost so he could complain about problems in his unit.
Instead, he was captured by the Taliban.
A huge military-led search effort was launched, and several service members were severely injured during operations connected to the hunt for him. Bergdahl ultimately remained in enemy hands for nearly five years.
Then along came Barack Obama, who traded five Taliban prisoners being held at Guantanamo Bay in exchange for Bergdahl’s release. Five Taliban terrorists for one deserter. Oh, and there was even a Rose Garden ceremony to welcome him home.
Bergdahl eventually pleaded guilty to desertion and misbehavior before the enemy in military court. He was given a dishonorable discharge, busted to the lowest rank, and forfeited some pay.
In its Tuesday ruling, the appeals court said, “[T]he authority to vacate a court-martial judgment belongs to tribunals exercising direct appellate review, not district courts conducting collateral review.” They added, “Because Article III district courts lack jurisdiction on collateral review to vacate court-martial judgments, the District Court lacked jurisdiction over Bergdahl’s claims.”
So, nearly a decade after Bergdahl admitted to being a deserter, his conviction is once again standing. He could still ask the full D.C. Circuit to reconsider the ruling or try to take his case to the Supreme Court.
Bergdahl wasn’t “captured”. When he walked away from his post, he deliberately sought out the Taliban so he could join them.
He left his gear in a nice neat little pile along with a note that explained he was running away. He willfully collaborated with the enemy and declared himself ‘mujahid’ and allegiance to Islamic jihad. The attacks his unit endured got more methodical and precise after his desertion.
During his stay with the Taliban, he converted to Islam.
It took some time before charges were even brought against the little shitbag, since Obama treated him like a pet to advance his political agenda.
Six Soldiers were killed looking for his worthless ass:
B. Hussein traded five of the worst muzzie cutthroats at GITMO for this piece of shit.
They should have left him with the Taliban. They should have considered him an enemy combatant and killed him on the battlefield.
Barring that, he should be taken out and shot. And take Obama with him.