Judge Nap on Bergdahl Case: Obama Prefers We Never Know the Details
Six months after the military began its investigation into U.S. Army Sgt. Bowe Bergdahl's 2009 disappearance and capture by the Taliban, the findings remain under wraps.
Judge Andrew Napolitano said on "Fox and Friends" that the information will be released if and when President Obama wants it released.
"The president's personal - personal - involvement in the trade of Sgt. Bergdahl for five Taliban leaders at Gitmo is so toxic, such a hot potato, I think he prefers that we never know exactly what happened," Judge Nap said.
"If the general who conducts the investigation recommends prosecution and if Sgt. Bergdahl's commanding general agrees to the prosecution, then we will see the report."
If there is no prosecution, then the government is under no obligation to show the report, Judge Nap explained.
Steve Doocy pointed out that at least several soldiers lost their lives while on patrols looking for Bergdahl after he disappeared in Afghanistan. Judge Nap noted that could elevate the penalty that Bergdahl would face if prosecuted.
"Desertion is ordinarily punished by imprisonment, but if soldiers looking for you during the period of desertion were killed looking for you, that elevates the penalty to execution," Judge Nap said.
Brian Kilmeade said that if the five released Taliban leaders return to the battlefield and hurt Americans, that should also factor into Bergdahl's possible punishment.
Judge Nap agreed and said Bergdahl may not be the only one who possibly committed a crime in this case.
"Remember, it's a federal crime to provide material assistance to a terrorist organization," Judge Nap said. "Question: Is releasing Taliban leaders back to the Taliban providing material assistance to a terrorist organization?"
"That's what the president did."
Watch the clip above.