korean regime. >> that was his plan and it made sense to him. >> reporter: jim frederick met charles jenkinsis release from north korea. >> it's out of a bond movie. it's unbelievable but it happens to be true. >> reporter: jenkins was forced to read the writings of north korean leaders eight ours a day and forced to teach spies english. he met and married a japanese woman. she was abducted off the streets of japan to also teach spies. and in 2004 the north koreaen released the couple and their two daughters. jenkins turned himself in to face charges. but the release made a minor splash in the u.s. when he returned to north carolina for the first time. >> i feel very happy. >> reporter: the u.s. army sympathized cutting a plea deal, he was dishonorably discharged and spent less than 30 days in jail. >> it wasn't a heroes welcome. he was never celebrated as a hero. but he was gone for 40 years and most people understood he suffered mightily and made this gigantic mistake. >> as you know i have made peace with the u.s. army. >> they said time served. 40 years in north korea is time serve bud y

there is precedent, charles jenkins defected to north korea, deserted his post in 1965, fearing going to war in vietnam, he did not turn up until 2004. he was court-martialed, confineed for 30 days and received a dishonorable dischange, and lost his benefits. i think that the department of defense, is in charge of this particular the army, they have to get the facts out and hold should shoulder aconnable for his actions. lou: motivation for this administration to move ahead? a rose garden ceremony, you would have thought they thought there was absolutely refer declassified intelligence on the sansarge sarpbg. thesergeant, they could n not be under the impression there would be a brass band strike up over this deal, the announcement of the deal? >> that another mishandling here, seems to be one on top of other that administration is involved, it is seems to be hol politics and rank amateur implement given the fact that department of defense is is a wear of, and national security team, around the president is aware of, makes no sense. i have tremendous empathy and simsympathy for his fa

charles jenkins tortured horrendously and when he was released, he was court-martialed and given a suspended sentence and allowed to live in freedom. there is a way to add jude indicate his actions and have sympathy for him at the same time but that will require the administration to engage in the discussion about what were the circumstances surrounding his capture. >> look, despite precedence on both sides, congress -- you say they can't do anything, but make a statement about this and stamp their feet. there are elements on the hill that won't be happy, latest evidence of that lindsay graham chimed in saying he wants to see senate arms services committee hearing looking into whether this is in fact legal. jonathan, last word to you on this. is this more about the fear of unilateral action on the part of this president? or is this about actually fearing the release of these five detain ees from guantanamo? >> i think it's some of both. the branches of government are always squabbling over their prerogatives. it sounds like -- i need to do more reporting on this -- that the white house made

i would note that the last american deserter prosecuted, charles jenkins in the '60s, when he came back to the united states, 2006, 2008 time frame, he was court marshalled, sentenced to 26 days confinement and then given a dishonorable discharge that. 's after the investigation and after charges are referred and there's a trial and all. >> and my final question is what do you think the impact would be on our american military if our men and women did not know that this country was committed to securing their release and to undertaking every r every imaginable effort to bring them home? >> i think first that that would shatter the bonds of trust between the soldiers and the american people, the chain of command. secondly, i think it could be an enormous propaganda for our enemies when they have these people in captivity that we don't care about. it would signal, in many ways, that we no longer are committed to our men and women in uniform. >> thank you. i yield back, mr. chairman. >> the gentleman yields back his time. the gentleman is recognized from california, mr. colonel cook, for f

charles jenkins desserted his post in south korea in 1965 only to be captured by the north koreans. in 2004 after they finally let him leave here, turned himself in to u.s. forces. he was court martialed and confined tore 30 days confinement. the chairman of the joint chiefs suggested nothing is off the table. our army's leaders will not look away from misconduct if it occurred. this specialist was in bergdahl's platoon. he says if he escapes punishment, it will send a dangerous message. >> once you go to a combat zone you're supposed to be with your brothers and uphold your mission. if for whatever reason you can just walk off and you won't get in trouble at all. >> reporter: the military could seek administrative sanctions or disarm him dishonorable. if he is court martialed, the maximum sentence would be five years. >> the administration already apologized to some lawmakers left in the dark. one of them senator saxby chambliss, is the top republican on the intelligence committee. >> i got a phone call last night apologizing for not giving us advance warning of it. they said it ha