Col. James Pohl said emails turned over by the prosecution appeared to have influenced a general's decision to take a potential plea bargain off the table, but that dismissing the most serious charges against Sinclair was not the appropriate response.
The decision comes hours after Pohl dismissed the jury for the day in order to review the emails, and was followed by an order allowing the defense to submit a new offer to plead guilty.
In December, Sinclair offered to plead guilty to lesser charges that included adultery and conduct unbecoming an officer, both of which are crimes under military law. As part of the proposed deal, Sinclair would retire with a lesser rank if the military agreed to drop the sexual assault charges.
Sinclair, 51, is accused of forcing a 34-year-old captain to perform oral sex and threatened to kill her and her family if she exposed their affair. The accuser has admitted to previously carrying out a consensual relationship with Sinclair.
Sinclair faces life in prison if found guilty.