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Posted on 09/02/2026 4:38:10 AM PDT by CFW
WASHINGTON (CN) — A D.C. Circuit panel on Tuesday ruled a federal judge had overstepped their authority by voiding the court-martial of U.S. Army soldier Robert “Bowe” Bergdahl, who was dishonorably discharged for deserting his unit in Afghanistan in 2009.
Bergdahl, who left his post without permission to report poor conditions and leadership deficiencies within his unit to headquarters, was captured by the Taliban-allied Haqqani network and held hostage for five years. President Barack Obama approved a prisoner swap in 2014 for five Taliban members detained at Guantanamo Bay, Cuba.
The three-judge panel determined that Senior U.S. District Judge Reggie Walton could not grant Bergdahl his request to vacate the court-martial judgment because federal courts lack jurisdiction on collateral review under Article III of the Constitution.
U.S. Circuit Judge Robert Wilkins explained in the court’s opinion that the authority to review a court-martial judgment belongs exclusively to military tribunals who have been empowered with direct appellate review. The case is remanded back to Walton, a George W. Bush appointee, to dismiss Bergdahl’s case.
Wilkins, a Barack Obama appointee, pointed to four service-specific Court of Criminal Appeals for the Army, the Navy and Marine Corps, the Air Force and the Coast Guard, where cases are heard by panels of at least three judges who are either military or civilians.
Any further appeals go to the Court of Appeals for the Armed Forces, a “court of record” made up of five civilian judges appointed to 15-year terms.
(Excerpt) Read more at courthousenews.com ...
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That POS should have been executed. IIRC, a soldier lost his life looking for that scumbag.
Correct on both.
Bergdahl’s desertion as a traitor was far more serious than most mentions will tell about him, he should have spent the rest of his life in prison, if not executed, and the guys we traded were the real deal bad guys, not just lowly nobodies.
“”Sgt. Matt Vierkant, a member of Bergdahl’s platoon when he went missing on June 30, 2009. “Bowe Bergdahl deserted during a time of war, and his fellow Americans lost their lives searching for him.”””
What Obama gave for him;
“”known as the “Taliban Five”– They were the Taliban army chief of staff, a Taliban deputy minister of intelligence, a former Taliban interior minister, and two other senior Taliban figures.””
What bs. That coward wasn’t trying to report “poor conditions:
“. He was deserting
Agreed.
And we traded 5 Muslim scum bags for this piece of scum. He deserted. He should have faced firing squad.
And didn’t he leave to purposely join the Taliban? Curious how the Taliban never killed him.
Should have given him the full “Danny Deever” treatment ...
There is still time to hang traitor.
“ Bergdahl, who left his post without permission to report poor conditions and leadership deficiencies within his unit to headquarters, was captured by the Taliban”
A lie. He switched sides and joined the Taliban willingly, and they decided he was more useful as a hostage.
Good men died because of this traitor.
>>”Is this the one where Obama has his hands all over the mother?”
Yes. I think it must have been a first for him. He’s not generally into women as I understand it.
Remember when his father went on TV, standing with Obama at the white house, and recited an islamic prayer because “his son forgot how to speak english” in his months of captivity...
That was funny
“Is this the one where Obama has his hands all over the mother?
And we traded 5 Muslim scum bags for this piece of scum. He deserted. He should have faced firing squad.”
Yep. That’s the one. He SHOULD face a firing squad. And federal judges should stay out of military discipline issues.
Never having run afoul of the UCMJ during my stellar (LOL) Army career I don’t know much about it. But I always assumed that there were special Federal courts set up specifically to deal with issues regarding members of the Armed Forces. If I’m correct that would mean that an “ordinary” Federal court would have no jurisdiction in a court martial case.
Yes how the hell did the get to be a judge when they don’t know the laws.
Thexarticle is (deliberately? ) not clear about what Obama’s judge overruled, and what the lower courts actually made in their decision. Since the writer lied about why Bergdalh deserted in the face of the Taliban, and who was wounded and killed trying to find Bergdalh - while Bergdalh actively cooperated with the enemy - this appears just another case of a Deep State Obama-Biden-Harris judge is fighting Trump’s DoD and DoJ.
Apparently one gets to be a judge in the District of Columbia for reasons other than competency. According to Grok, 33% of the active judges on the U.S. District Court for the District of Columbia are foreign-born and 26% are minorities. Some are foreign born females and there are probably some that are disabled and/or gay.
I should clarify - The only percentage I got from Grok is the 33% foreign born. The rest came from DuckDuckGo searches.
What that calls for is a statute divesting the DC circuit of power and forum over lawsuits against the executive branch.
Have them randomly assigned out to district judges throughout the nation.
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