conviction

Sept. 2 (UPI) — A judge who vacated the conviction of former U.S. Army Sgt. Bowe Bergdahl in 2023 lacked the jurisdiction to do so, a federal appeals court ruled.

The case of Bergdahl, who walked off an Army base in Afghanistan in 2009 and was captured by the Taliban, has stretched for years. The ruling by the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday reinstates Bergdahl’s dishonorable discharge from the military and other punishment.

“Obviously, we are disappointed by the outcome,” said Eugene R. Fidell, Bergdahl’s lawyer, The New York Times reported. “This entire controversy has lasted a very long time. But it continues to be an important case, not only for Sergeant Bergdahl but for the integrity of the military justice system.”

Fidell said Bergdahl can request a rehearing before the same panel or seek a review by the entire appeals court or the U.S. Supreme Court.

In the ruling Tuesday, the judges said the case “presents nuanced questions regarding jurisdiction and the evolving relationship between [federal district] courts and military courts.”

“Jurisdiction here turns on whether the remedy sought falls within a district court’s power to grant,” the ruling said. “Because Article III district courts lack jurisdiction on collateral review to vacate court-martial judgments, the District Court lacked jurisdiction over Bergdahl’s claims. Therefore, we remand the case to the District Court to dismiss for lack of jurisdiction.”

In July 2023, federal district court Judge Reggie Walton vacated all judgments against Bergdahl after Oct. 16, 2017.

That is the date Bergdahl pleaded guilty to desertion and misbehavior before the enemy for his actions in Afghanistan — and the date the military judge in that court martial, Jeffery Nance, applied to become an immigration judge during President Donald Trump‘s first term, Walton’s ruling said. The Justice Department later hired Nance.

During his first presidential campaign, Trump called Bergdahl “a dirty, rotten traitor” and called for him to be executed or returned to the Taliban.

Nance refused a defense request to dismiss the case against Bergdahl because of those remarks, saying he was “completely unaffected” by them and that Bergdahl would still have a fair sentencing hearing. That hearing took place at the end of October 2023.

Walton, in his 2023 ruling, said that based on Nance’s application as an immigration court judge, any reasonable person could conclude that Nance’s impartiality was jeopardized.

An Army investigation found in 2015 that Bergdahl intended to hike to another Army post and report issues in his unit when he left his base in Afghanistan in 2009. He was captured not long after leaving and held and tortured by the Taliban over five years. In 2014, President Barack Obama secured Bergdahl’s release in a prison exchange.

NEW YORK — A federal judge on Friday once again spurned President Trump’s effort to erase his hush money conviction, rejecting the president’s bid to move the state court case to federal court and have it dismissed on presidential immunity grounds.

Judge Alvin K. Hellerstein reiterated his earlier finding against Trump, saying that the reasons Trump cited for renewing his request were “neither new nor legally sufficient.”

The judge added: “He has failed to show good cause and diligence.”

It is the third time Hellerstein has blocked Trump from having the U.S. District Court in Manhattan seize control of the case from the New York court where he was tried and convicted.

And, like before, Trump will appeal, according to a spokesperson for his legal team who called Hellerstein’s ruling “baseless and lawless.”

“The Supreme Court’s historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the Witch Hunt perpetrated by the Manhattan DA be removed to federal court, and immediately overturned and dismissed,” a statement issued on behalf of the legal team said. “President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn.”

The guilty verdict, reached in May 2024 while Trump was between terms, made him the first former — and now current — U.S. president to be convicted of a crime. Trump is also challenging his conviction through the state court appellate process, which is pending.

Hellerstein’s decision came after a federal appeals court last year ordered him to reconsider his prior denial. The judge previewed his ruling during oral arguments in February, slamming Trump’s lawyers for legal maneuvers that amounted to taking “two bites at the apple.”

State prosecutors did not immediately respond to a request for comment.

The case centered on a payment to Stormy Daniels

Trump was convicted in May 2024 of 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to adult film actor Stormy Daniels, whose claim of a sexual encounter with Trump a decade earlier had threatened to upend his 2016 presidential campaign.

Trump was sentenced to an unconditional discharge, which left his conviction intact but spared him any punishment. He had long denied Daniels’ claim and said he did nothing wrong. He has sought to get the conviction overturned both by attempting to move the case to federal court and through the appeals process in state court, which is pending.

Hellerstein rejected Trump’s requests to move the case twice before. The first was after Trump’s March 2023 indictment. The second was after Trump’s trial, as his lawyers sought to nix his conviction in the wake of the Supreme Court’s July 2024 ruling that presidents and ex-presidents can’t be prosecuted for official acts and prosecutors can’t use official acts as evidence that unofficial actions were illegal.

Trump appealed Hellerstein’s post-trial ruling and, last November, the U.S. 2nd Circuit Court of Appeals ordered the judge to reconsider his decision, finding that he had failed to consider “important issues relevant” to the president’s request to move the case.

A three-judge appellate panel said it expressed no view on how he should rule but instructed Hellerstein to closely review evidence that Trump claimed was related to official acts and whether Trump could argue those actions were taken as part of his White House duties.

The judges also instructed Hellerstein to determine if Trump had “diligently sought” to have the case moved to federal court and whether the case can even be moved to federal court now that Trump has been convicted and sentenced in state court.

The judge questioned the Trump legal team’s strategy

During oral arguments in February, Hellerstein took issue with the Trump legal team’s decision-making after the Supreme Court ruling.

Instead of immediately seeking to move the case to federal court, he noted, Trump’s lawyers first asked the trial judge in state court, Juan Merchan, to throw out the verdict on immunity grounds. Normally, such a request must be made within 30 days of an arraignment, but a federal appeals court in Washington, D.C. has ruled that exceptions can be made if “good cause” is shown.

Trump, a Republican, did not attend the arguments.

Trump lawyer Jeffrey Wall argued that prosecutors rushed to trial instead of waiting for the Supreme Court’s presidential immunity decision and that Trump’s legal team was crunched for time after the high court’s ruling because his sentencing was scheduled for just 10 days later.

Trump’s lawyers did not ask Hellerstein to intervene until nearly two months later, while their request to Merchan was still pending. The judge called that a “strategic decision” and suggested that by going to the state court first, Trump’s lawyers cost him the right to pursue remedies in federal court.

“No, your honor,” Wall replied. “It is what any sensible litigant would do” in that situation.

“Not so,” Hellerstein replied.

“That is a decision on your part,” the judge added. “You didn’t have to do that. You could have come right to the federal court. Just by filing a notice of removal, there would be no sentencing.”

Trump’s lawyers “made a choice,” Hellerstein said, “and you sought two bites at the apple.”

In his written ruling Friday, Hellerstein said Trump was asking for a “‘second bite at the apple,’ a result the law disfavors.”

The judge added that “Trump’s delay in filing for removal constitutes a ‘quintessential strategic decision,’ and the ‘fact that he later came to view that decision as a poor one is not sufficient, by itself, to establish cause.’”

Sisak and Neumeister write for the Associated Press.

Aug. 25 (UPI) — A federal judge on Tuesday denied Ghislaine Maxwell’s attempt to overturn her conviction and prison sentence, slamming the petition as “demonstrably meritless.”

In the the ruling, U.S. District Judge Paul A. Engelmayer said the petition by Maxwell, a co-conspirator of the late sex offender Jeffrey Epstein, was “generally based on speculation, distortions and/or outright falsehoods.”

“There is no fact that Maxwell fairly puts in dispute that has any potential to disturb the outcome of her trial,” Engelmayer wrote.

Maxwell sought to overturn her five felony convictions on the stance that her due process rights were violated, claiming the documents released by the Department of Justice this year supported this. She also made claims of juror misconduct, inaccurate evidence and “selective prosecution” on the part of the Justice Department.

Engelmayer wrote that Maxwell’s claim “incriminates her or reinforces the correctness of the legal rulings Maxwell challenges.”

Maxwell was convicted in 2021 and sentenced to 20 years in prison in 2022. She had been found guilty of conspiring to lure underage girls for Epstein to sexually abuse. She is serving time in a minimum-security federal prison camp in Texas.

Epstein, already a convicted sex offender, was awaiting trial in 2019 when he died by suicide while in jail. Earlier this year, the Department of Justice released many documents related to Epstein’s activities under the Epstein Files Transparency Act, passed by Congress in November 2025.

The U.S. government has been criticized for the limited release of some of the files, in which names of alleged perpetrators were heavily redacted while many victim names were not.