Army Sgt. Bowe Bergdahl, the soldier who left his post in Afghanistan and was held by the Taliban for five years, is asking a military appellate court to disqualify the general with discretion in his case.

Bergdahl's attorney, Eugene Fidell, says Bergdahl filed the request Friday in the U.S. Court of Appeals for the Armed Forces in Washington.   

Bergdahl wants the court to disqualify Gen. Mark Milley because he has a personal interest in being confirmed as the next Army chief of staff.

Bergdahl, who is charged with desertion, was exchanged last year for five senior Taliban officials held at Guantanamo Bay, Cuba.

Bergdahl's preliminary hearing, which is similar to a civilian grand jury, is set for September. From there, his case could be referred for trial.