Appeals Court Ruling Clears Way for Bowe Bergdahl Desertion Case to Move Forward

Image: Bowe Bergdahl on Tuesday, Aug. 5, 2014.
Bowe Bergdahl on Tuesday, Aug. 5, 2014.Courtesy Eugene Fidell

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By The Associated Press

An appeals court has cleared the way for Bowe Bergdahl's legal case to resume by rejecting prosecutors' argument that defense attorneys were given too much leeway on classified documents.

The United States Army Court of Criminal Appeals denied prosecutors' appeal in a ruling released late Saturday by defense attorneys. The court also lifted a stay from February on proceedings in Bergdahl's case at Fort Bragg.

Related: Army Sgt. Bowe Bergdahl Explains His Reasoning in Newly Released Documents

Prosecutors argued the trial judge erred in deciding the defense could obtain classified documents without an extra layer of approval from authorities who had originally restricted the information.

More delays could come if there's another appeal.

Bergdahl walked off an outpost in Afghanistan in 2009. He faces charges of desertion and misbehavior before the enemy.