The first court-martial for 1st Lt. Ehren Watada, who is charged with missing his unit's deployment to Iraq in June 2006, ended in a mistrial in February. U.S. District Judge Benjamin H. Settle wrote that the military judge likely abused his discretion in declaring the mistrial.

Watada contends that the war in Iraq is illegal and that he would be party to war crimes if he served there. He is also charged with conduct unbecoming an officer for denouncing President Bush and the war. If convicted, he could be sentenced to six years in prison and be dishonorably discharged.

"This is an enormous victory, but it is not yet over," Watada attorney Kenneth Kagan said in a statement.

The federal judge did not indicate what the next steps would be.

Watada's second court-martial had been scheduled to begin last month when his lawyers asked the federal court to step in. The soldier contends a second trial would violate his Fifth Amendment rights by trying him twice for the same charges.

Watada's term of service in the military ended in December, but the legal proceedings have prevented his discharge. He lives in Olympia and continues to perform administrative duties at Fort Lewis, south of Seattle.