A board of inquiry recommended in December 2013 that Brezler be discharged for using his personal email account to send classified information to Marines in Afghanistan about an Afghan police chief accused of sexually assaulting young boys. Brezler was also accused of taking classified documents home from Afghanistan so he could write a book.

On Tuesday, U.S. District Judge Joseph Bianco in New York ruled that the government had not granted Brezler full access to records related to his claim. Brezler was referred to the board of inquiry, which adjudicates claims of officer misconduct, after a story published in Marine Corps Times reported that Brezler asked for help from Rep. Peter King, R-N.Y.

“For example, if communications prior to the Marine Corps Times article indicate that the Navy did not contemplate a BOI [board of inquiry] , or indicate an affirmative decision not to initiate a BOI, such communications would be highly relevant to Major Brezler’s claim that the BOI was retaliatory,” Bianco wrote in Tuesday’s decision.