The Department of Justice is reportedly appealing a judge’s decision to void former Army Staff Sgt. Bowe Bergdahl’s court-martial conviction and sentence for ditching his post in Afghanistan.

A May filing May 29 puts the controversial case in the hands of the U.S. Court of Appeals for the District of Columbia Circuit, Military.com reported Thursday.

U.S. District Judge Reggie Walton had ruled in July 2023 the sentence delivered by a military judge in Bergdahl’s court-martial — a reduction in rank and dishonorable discharge — must be dismissed because the judge failed to disclose a potential conflict of interest.

Afterward, the DOJ filed a motion for reconsideration, as did Bergdahl’s lawyers, who argued a separate decision by Walton be reconsidered as well. In that case, Walton dismissed the DOJ’s argument that President Donald Trump and the now-deceased Sen. John McCain, R-Ariz., had exerted unlawful command influence in the case.

On May 23, Walton published his reasoning for his decisions, reaffirming his earlier stance — that the dismissal of Bergdahl’s conviction should stand because Army Judge Col. Jeffery Nance failed to disclose he had applied for a job within the Trump administration while he was hearing the case, Military.com reported.

For its part, the DOJ argued there was a “risk of injustice” if Bergdahl’s court-martial results were overturned, and would result in a new court-martial that would cost the military time and resources, the outlet reported.

Bergdahl was serving with a parachute infantry regiment in 2009 when he walked away from his outpost in Afghanistan. He was subsequently captured by the Taliban — triggering a massive military search — and was held captive for five years.

Bergdahl pleaded guilty to charges of desertion and misbehavior before the enemy in 2017 and received a dishonorable discharge, reduction to the rank of private, and forfeiture of $10,000 in pay. After losing appeals in the military justice system, he filed a civil suit arguing he was denied a fair trial.

The circuit court hasn’t placed the case on its calendar, Military.com reported.

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