Army investigators will begin questioning Sgt. Bowe Bergdahl on Wednesday about the circumstances leading up to his disappearance from an Afghanistan observation post and eventual capture by Taliban militants in 2009.
Bergdahl’s attorney, Eugene Fidell, told NBC News that Bergdahl will report to Fort Sam Houston in San Antonio, Tex., where he will face questioning about his motivations to leave his encampment, which led to five years of captivity at the hands of Taliban militants.
The Obama administration negotiated Bergdahl’s release in May in exchange for five senior Taliban prisoners. Some soldiers that served with Bergdahl in Afghanistan, including his former squad leader, have accused Bergdahl of deliberately abandoning his post. Investigators will determine whether the allegations are substantial enough to file charges of desertion.
Fidell, in a previous interview with TIME, cast doubt on the assertion that Bergdahl left his post with the intention of staying away, and even then, would not necessarily face charges of desertion. “It’s utterly discretionary as a matter of clemency, a matter of judgment, and indeed even as a matter of politics,” he said.