Judge vacates desertion conviction for former US soldier captured in Afghanistan:
The ruling from U.S. District Judge Reggie Walton in Washington says that military judge Jeffrey Nance, who presided over the court-martial, failed to disclose that he had applied to the executive branch for a job as an immigration judge, creating a potential conflict of interest.
Walton rejected the specific argument surrounding undue command influence, but he said a reasonable person could question the judge’s impartiality under the circumstances. During that time, Bergdahl was repeatedly tortured and beaten with copper wires, rubber hoses and rifle butts. After several escape attempts, he was imprisoned in a small cage for four years, according to court documents.
The swap faced criticism from Trump, then-Sen. John McCain and others. Both Trump and McCain called for Bergdahl to face severe punishment.
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