If the widespread rumor that Army Sgt. Bowe Bergdahl will not serve any jail time proves true, Senator John McCain plans to use his congressional influence to secure a tougher punishment for the disgraced veteran.

“If it comes out that he has no punishment, we’re going to have to have a hearing in the Senate Armed Services Committee,” said McCain, the committee chairman. “And I am not prejudging, OK, but it is well known that in the searches for Bergdahl, after — we know now — he deserted, there are allegations that some American soldiers were killed or wounded, or at the very least put their lives in danger, searching for what is clearly a deserter. We need to have a hearing on that.”

While Bergdahl has been widely condemned in the court of public opinion, McCain’s concern that he won’t be punished is well-founded. Military lawyers say that even if courtmartialed, the sergeant would receive a lenient sentence due to mitigating factors related to his captivity with the Taliban. The man who spearheaded the original investigation of Bergdahl’s disappearance also testified that a harsh sentence would be “inappropriate.” 

Misbehavior before the enemy can earn Bergdahl life in prison, but it’s becoming more and more likely that he won’t go to jail at all.

McCain’s plan to intervene in the case will be scrutinized by Bergdahl’s lawyer Eugene R. Fidell.

“Sen. McCain’s comments are deeply disturbing and constitute unlawful congressional influence in a sensitive pending military justice matter,” Fidell said. “This is particularly troubling because he is chairman of the committee that confirms all military promotions, as well as all nominations to the highest uniformed and civilian positions in the Army.”