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Maybe this guy is crazy. sergeant bergdahl. i'm glad we have got the american back. i totally disagree with the deal made but i'm glad we have got an american back. we clean him up, take care of him, and then you court martial him for being a deserter. we can't keep calling him a hero. again, we had 14 soldiers killed trying to find this guy for the last five years. operations turned upside down. we did everything we could on the ground to find him, which we should have done. that's -- we have that obligation. >> even if you are a deserter the army code, the marine code, military code is even ...

Wasn't the case. we had general dempsey issue a statement that says back off the debate. we've got to figure out what's going on -- >> he made a similar point to the point you made earlier, this needs to be an internal review and subject to the conditions of the uniform military code of justice. like any american, he's innocent until proven guilty. of course, referring to sergeant bergdahl. our army's leadsers will not look away from misconduct if it occurred. there's some possibility of discipline. do you think sergeant bergdahl will be court-martialed? >> i don't know. the inquiry will have ...

The fact is, we were going to have to release all of the taliban somewhere in the next 12 or 18 months anyway. and the fact that these five are going to be yes, in house arrest in qata r for a year. it is getting the last american held by the taliban out, and in our possession, i think it was worth it. and in the end, if bergdahl did desert, trust me, he will be held by the military code of justice, he will face court martial and other charges and that may play out. he may spend life in the brig or death penalty. >> the taliban are battlefield prisoners. the administration made the argument th...

He potentially committed violations and arguably violations that led to the loss of life of members his of own unit in their efforts to recover him. so there's no doubt in my mind that there's going to be a very deliberate and careful effort to develop the facts, although that also raises complicating issues related to whether or not he is entitled to a miranda-type warning under the military code. which might lead him to say he doesn't want to talk about it at all. >> and if that is the issue and if he is not talking about it at all, i'm only guessing here, professor, that evidence is critica...

Fix this problem, in 2009, in 2012, that things are better? what do you want to say to him? >> you need to get down in there and look from the ground floor up and start immediately making changes. i noticed when my dad was in there, it was complete inefficiency in recordkeeping. it needs immediate action. >> darryl? >> i would ask some questions. i would say, why is our commander and chief awol on the allegations of va? why is attorney general eric holder awol on the same thing? when we were asked to serve our country, we wouldn't think of going awol because we knew the consequences. the milit...