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Because it was deemed too dangerous, too concerning that his captors would kill him. >> thank you very much. joining me on the phone right now is lieutenant colonel jeffrey corn. he is a former jag attorney. let me ask you. people here at the top of the program, jeffrey, he left deliberately and he left of his own free will when he left the base that night. that was the army conclusion. but then as barbara said, that is distinct from deserting. what is the difference between these two things? you leave deliberately of your own free will. how is that not deserting? >> that's awol. that's unauth...

Legal issue but it's mostly a political issue. there's not going to be any lawsuit about this. congress can't sue the president for violating this aspect of the law. congress will take action. they will hold hearings. they will express their outrage. that's not trivial. but did president obama break the law here? i think it's pretty clear that he did. >> there's certainly a lot more conversation that needs to be had, especially if and when we do get some information straight from bowe bergdahl himself. jeffrey toobin and jeffrey corn, excellent conversation, thank you to both of you. so ther...

Life in america has been decided in part by the circumstances of his capture in afghanistan. as we've reported, many gis who served with him say he wandered away from his post. though that has not been proven and the pentagon says it does not know at this early stage but it wants to hear from him. joining me with special insights on the legal angles on this are cnn senior analyst jeffrey toobin and from houston, former military lawyer and now professor at south texas college of law, jeffrey corn. colonel, i'd like to begin with you, if i may. i just want to get your feelings about what you've ...