Bowe Bergdahl court-martial conviction for Army desertion thrown out by federal judge

A former U.S. Army soldier who pleaded guilty to desertion after leaving his post while deployed in Afghanistan and was subsequently captured and tortured by the Taliban had his court-martial conviction vacated Tuesday. 

The ruling by U.S. District Judge Reggie Walton in Washington D.C. said that military judge Jeffrey Nance, who presided over the court-martial of Bowe Bergdahl, failed to disclose that he had applied to the executive branch for a job as an immigration judge, creating a potential conflict of interest.

Fox News Digital has reached out to the Army and Justice Department. 

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Walton noted that former President Trump criticized Bergdahl during the 2016 presidential campaign. Bergdahl's lawyers argued that the criticism placed command influence on Nance. 

Walton rejected that argument, but he said a reasonable person could question the judge’s impartiality under the circumstances. It was not clear if the ruling could possibly result in the reinstatement of rank or change of status for Bargdahl's dishonorable discharge.

"This case presents a unique situation where the military judge might be inclined to appeal to the president's expressed interest in the plaintiff's conviction and punishment when applying for the immigration judge position," Walton wrote.

Bergdahl, from Hailey, Idaho, pleaded guilty in 2017 to desertion. He was spared prison time but was dishonorably discharged from the military and had his rank reduced to private, as well as the forfeiture of $10,000 in pay. 

In 2009, he walked away from his post in Afghanistan and was captured by the Taliban and held for five years. Some of his fellow soldiers were injured trying to find him. 

In 2014, then-President Barack Obama brought Bergdahl home in a controversial prison exchange for five Taliban prisoners, a deal that was roundly criticized by Republicans. 

The Associated Press and Reuters contributed to this report. 

US CBP warns migrants not to cross border in Big Bend Sector amid sizzling temps

U.S. Customs and Border Protection (CBP) officials are warning illegal immigrants not to cross the U.S.-Mexico border in the Big Bend region of Texas, as an extreme heat wave could make the excursion a deadly one.

The U.S. Border Patrol Big Bend Sector issued the warning on Monday, particularly to people intending to cross the border illegally into the desert and mountains of West Texas.

Temperatures in the region are expected to reach into the 100s for the next 10 days.

The agency said each year, remains of migrants who died from heat-related injuries are discovered by patrol agents in the southwest border sectors.

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While the migrants are entering the country illegally most of the time, the Big Bend Sector said the death of any human is tragic, so it issued a warning about the danger to preserve human life.

Officials with the sector said just this year, its agents have recorded 63 rescues, which include 911 calls and beacon activations from migrants in distress.

SWELTERING TEXAS HEAT WAVE SCORCHES SOUTHERN CITIES, BRINGING TRIPLE-DIGIT TEMPERATURES

Agents in the Big Bend Sector have also discovered five dead migrants this fiscal year.

"Extreme heat has the potential to be deadly and kills more people than any other weather event," Big Bend Sector Chief Patrol Agent Sean L. McGoffin said. "Please reconsider and do not cross the border illegally during these extreme heat conditions. It is simply not worth the risk of your life."

Anyone who sees something suspicious along the border is encouraged to contact the U.S. Customs and Border Protection on its hotline at 866-581-7549.

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