A military judge is deciding if a top U.S. commander will be forced to testify this week ahead of Bowe Bergdahl's court martial.

FOX's Jared Halpern has more from Washington:

Attorneys for Sgt. Bowe Bergdahl want to hear from General Robert Abrams, who leads U.S. Forces Command about his decision to refer Bergdahl to a general court-martial, rather than a lower level prosecution. The defense argues the general faced improper conflicts after her acknowledging he destroyed around 100 letters from the general public about the case.

Prosecutors says the letters are not evidence. Bergdahl walked off his post in Afghanistan in 2009 and spent five years in Taliban captivity before being released in a prisoner swap.

He now faces charges of desertion and misbehavior before the enemy and faces a potential life sentence. His military trial is scheduled to begin early next year.

In Washington, Jared Halpern, FOX News.

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