He'll ask for a trial by a military judge only, which will eliminate the jury.
A military judge had ordered her release for lack of evidence.
The trial ended this week, and the decision of the three military judges was announced today.
Since the war ended, military judges had changed their minds at least four times.
This included a year as a military judge in Vietnam.
He looked more like a wrestler than a military judge.
But the military judge did not see it that way.
He also agreed to be tried by a single military judge, rather than a panel of officers.
He returned to the army in April 1864 to serve as a military judge.
Graham says he is hearing three or four appeals as a military judge.