Military court denies request to release documents in investigation of Bergdahl disappearance

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HOUSTON — A military court has denied a request to make public documents the Army is using to determine if Sgt. Bowe Bergdahl should face court-martial for leaving his post in Afghanistan in 2009.

Defense attorney Eugene Fidell had asked the U.S. Army Court of Criminal Appeals in Virginia to release a transcript of Bergdahl's interview with military officials and a summary of an investigation into his disappearance.

The appeals court Thursday denied the request, saying it doesn't have jurisdiction and the request might better be dealt with through the Freedom of Information Act or, if the case proceeds to court-martial, by the military judge on the case.

Fidell says he will appeal the ruling.

A decision is pending on whether Bergdahl should face court-martial for desertion and misbehavior before the enemy.

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