article 99 misbehavior before the enemy. >> what is that? >> misbehavior before the enemy is quite serious. any member of the armed forces who before or in the presence of the enemy engages in several types of any one of which types of misconduct most notably in the bergdahl matter is running away. in addition, one who casts away his arms or ammunition in front of the enemy, or one who otherwise causes danger or hazardouses -- causes a hazard to his unit or command, that can be punished by a court martial if it gets to a court martial with some of the most serious punishments which include frankly, potentially death, life imprisonment, total forfeit -- >> they said the maximum penalty would likely be life in prison. will it get to that in your experience or do you think the military and bergdahl's