D.C. Circuit Says Federal Judge Exceeded Power in Overturning Bergdahl Court-Martial

A D.C. Circuit three-judge panel concluded that Senior U.S. District Judge Reggie Walton overstepped his authority by attempting to set aside the court-martial verdict of Army specialist Robert Bergdahl, who was dishonorably discharged for deserting his unit in Afghanistan in 2009. The judges explained that federal courts lack Article III jurisdiction for collateral review of military judgments, a function reserved for the service-specific Courts of Criminal Appeals and ultimately the Court of Appeals for the Armed Forces.

The opinion, authored by Judge Robert Wilkins and joined by Chief Judge Sri Srinivasan and Judge Gregory Katsas, remanded the case to Walton for dismissal of his prior order. Bergdahl’s desertion led to his capture by the Taliban-aligned Haqqani network, a five-year hostage period, and a 2014 prisoner exchange authorized by President Barack Obama. Subsequent legal challenges cited comments from then-Senator John McCain and President Donald Trump as alleged unlawful command influence, but military courts rejected those claims. After pleading guilty to a lesser charge, Bergdahl received a dishonorable discharge, rank reduction, and a $10,000 forfeiture, with his conviction upheld by military appellate courts before the federal suit was filed in 2021.