U.S. Army investigators are set to begin questioning freed Taliban captive Sgt. Bowe Bergdahl tomorrow about his disappearance from an army base in Afghanistan in 2009.

Judge Andrew Napolitano joined Shannon Bream on The Real Story today to discuss what this questioning might entail and if the army plans to keep Bergdahl on active duty, pursue a court martial or let him go with a dishonorable discharge or less.


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Judge Nap pointed out that army investigators will be very professional and prepared. As this is the end of the investigation, they have done their due diligence in gathering evidence and will now compare Bergdahl's account with what they already know, according to the judge.

The army likely already knows whether they plan to build a case to prosecute him or if they just want him to go away, Judge Nap added, with the key detail being whether Bergdahl was mentally sound enough to commit the crimes he is charged with.

Either way, Judge Nap noted, the questioning is not an interrogation or under oath, although it is on the record.

“This will not be a grilling. This will be a soft-spoken conversation … with his own lawyers present. He can stop it whenever he wants. The lawyer can stop it.”

Watch the full clip above.


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