According to reports, the U.S. Army has completed its investigation into alleged Army deserter Bowe Bergdahl, but it is not releasing details to the public.

Bergdahl – who left a note and walked off his base in Afghanistan in 2009, falling into the hands of the Taliban for five years – was released in May of this year when the Obama administration negotiated a controversial exchange without the consent of Congress that set five high-ranking Taliban members free.

Judge Andrew Napolitano joined Steve Doocy on Fox and Friends this morning and said it is typical for military and civilian prosecutors to refuse to release this information.

Napolitano said we’re unlikely to ever see the report for two reasons.

First, if Bergdahl is exonerated, they don’t want to tarnish his reputation by revealing what they learned about him during the course of the investigation. Second, they don’t want to reveal the strength of their own case against Bergdahl until they absolutely have to.

Napolitano added this is not a typical criminal prosecution because the President of the United States is personally involved and likely even violated laws during the prisoner swap by not giving Congress 30 days notice and also by giving material assistance to terrorists by releasing such high-ranking, dangerous prisoners.

“Add into this stew the coming midterm elections," he concluded. "And we will never hear anything from the government about Bergdahl certainly until after November 4, prosecute or not prosecute.”

Watch the clip above.