"newsroom" starts now. -- captions by vitac -- www.vitac.com good morning. i'm carol costello. thank you so much for joining me this morning. sergeant bowe bergdahl, the american soldier held captive by the taliban for nearly five years is a free man right now. bergdahl is recovering at a medical center in germany after being rescued by u.s. special forces in eastern afghanistan on saturday. without a single shot fired, armed members of the taliban handed bergdahl over to u.s. commandos in exchange for five terror suspects being held at guantanamo bay. bergdahl's mother sent a heart-wrenching message to her son. >> five years is a seemingly endless long time, but you've made it. i imagine that you are free, freedom is yours. i will see you soon, my be loved

son. i love you, bowe. >> this morning the white house is pushing back against criticism it brokered the deal which negotiating with terrorists. >> here is what matters. he was a prisoner in an armed conflict, a member of the military, and in that situation the united states does not leave its men and women behind, and for five years we have been engaged in an effort to try to secure his release. >> so let's bring in cnn senior international correspondent nic robertson to tell us more about this. he's live in germany where bergdahl is receiving treatment. good morning, nic. >> reporter: good morning, carol. he's now into his second day of treatment. we're not being given updates specifically on how he is faring with that treatment. we are being told the type of treatment. there will be a psychological analysis, a physical analysis. there will be, as well, an effort to see if he has any actionable current military

intelligence and anything he has learned that could be useful for troops in the future in this situation. it is going to be a long process is what we're told, going at the pace that he can cope with. it's down to his level of comfort, how quickly this reintegration goes. all this coming after almost five years in captivity. >> after almost five years in captivity in afghanistan -- >> scared i won't be able to go home. >> reporter: aeshl sergeant bowe bergdahl is free and safe. now new details emerging about the secret recovery effort three years in the making. according to u.s. se fence officials, a so-called proof of life video sent of the now 28-year-old last december, incited them to broker the secret deal. officials say the soldier's sickly appearance putting them on an advanced timetable. the deal, swap these five taliban detainees in guantanamo

bay in exchange for bergdahl. >> release me, please. i'm begging you, bring me home. >> reporter: according to the "wall street journal," after days of waiting, the taliban's call to meet finally came. u.s. defense officials say it was just around 10:30 in the morning on saturday when 18 armed taliban fighters led bergdahl to the meeting point near the pakistani border. in wait, special ops forces backed by helicopter gun ships. bergdahl walks up to the u.s. commandos talking to them right away. the american forces immediately search him for explosives and verify his identity. u.s. officials say the meeting lasted just 60 seconds and bergdahl was quickly rushed onto to a helicopter. on the helicopter he reached for a paper plate scribbling sf, asking the commandos if they were special forces. after hearing they were, bergdahl broke down, crying.

after nearly five years america's last p.o.w. from the afghan conflict is finally free. >> five years is a seemingly endless long time, but you've made it. >> reporter: bergdahl's parents who have not yet had contact with their son sent him this message. >> i'm proud of how much you wanted to help the afghan people and what you were willing to do to go to that length. >> reporter: so how quickly before he can be reunited with his parents? doctors say they're sympathetic to everything he's been through in afghanistan, sensitive to all those types of traumas. one of their aims get him back to his family as soon as possible. >> nic robertson reporting live from germany this morning. it has been five agonizing years of waiting in haley, idaho, where family and friends are

anxiously awaiting bergdahl's return. yellow ribbons and balloons have long decorated the streets there. haley is all in for its hometown hero. officials are trying to decide if he'll be reunited with his family in germany or once he returns to u.s. soil. another side to this story, some of bergdahl's fellow soldiers say he's no hero, accuse him of being a deserter. they say his selfish act caused lives and calling on him to stand trial. one soldier said, i was pissed off then and even more so now. bergdahl deserted during a time of war and fellow americans lost their lives searching for him. he said he needs to admit he deserted his post and face a military trial for desertion. barbara starr is here with more on this side of the story. >> good morning, carol. a lot of this narrative has been

out there for many years, of course. the commentary, the narrative, the belief that bowe bergdahl may have walked away from his post in afghanistan. we're going to say repeatedly there is no publicly verified information about why he left that night, how he came to not be on the post. pentagon officials say that repeatedly, they need to hear from him what happened. but there is a social media backlash about all of this, a facebook page emerging entitled "bowe bergdahl is not a hero." a lot of commentary on that facebook page, and indeed on the facebook page of his own unit, a reminder that military standards require people to be respectful when they post these comments, that on his own unit's facebook page which is also getting a lot of commentary. what does the pentagon have to say about all this? a senior defense official tells me right now bergdahl is not

classified as a deserter. he has continued to be classified over the years as missing/captured. they believe very strongly that their obligation was to bring him home and then, if there are legal issues to face, they will talk to him, they'll get his side of the story and they will decide how to proceed. in fact, over the years, while he was in captivity, he was promoted to higher ranks within the enlisted core of the army and was scheduled to be promoted to staff sergeant sometime later this month. so the bottom line is, the military says they want to hear from him once and for all, in his own words, not under duress, what exactly did happen. carol? >> barbara starr reporting live from the pentagon. whether bergdahl was a traitor or hero is complicating the matter further for the white house. as i told you, five hard core terrorists were exchanged for bergdahl's release. these photos obtained by cnn

were released by the taliban and reportedly show those former detainees arriving in dohar, qatar. joining us on the phone, former u.s. ambassador to the united nations bill richardson. he has experience with negotiating with rogue characters. good morning, sir. >> good morning, carol. >> ambassador, i just want to get the elephant out of the room now. if bergdahl is a deserter and en daengerred his fellow troops, this is what critics appear to be asking, was it worth releasing the most dangerous taliban leaders for his freedom? >> yes, it was. the precept that any hostage negotiation, especially an american soldier, is you bring that soldier home no matter what. i think secondly, carol, you can't look at it as proportional, one in exchange for five. look what happened with the israelis with shalid, the

israeli soldiers. it took 1200 terrorists in exchange for one person. i think the administration was correct in moving forward, in striking the deal when the iron was hot. his safety was jeopardized, his health was not in good shape. all of this needs to be investigated. the deserter initiative and the deserter stuff. but the fact remains that will may be one more benefit in that this is the first deal we've ever struck in this afghan war with the taliban. maybe this can lead to a lessening of tensions, of some kind of -- not necessarily a peace agreement, but an exit that we're already initiating in afghanistan that might save more of our troops. >> you know what some republicans are saying, mr. ambassador. they're saying it's not legal for the united states to negotiate with terrorists and this could make it more

dangerous for our soldiers overseas because the taliban will be more willing to kidnap soldiers in exchange for prisoners being kept in other countries. >> the president made a courageous decision. i think legally you can get around the negotiating with terrorists because, in fact, it was a broker. it was the amir of qatar that was our interlock tur, that was our negotiator. this was a soiled country, a solid leader that's helped us before. what i think is also going to be key is what happens with the terrorists? will they be non-combatants? hopefully there's an agreement that they can't be. but that needs to be enforced. secondly, the travel ban for a year, that they can't move for a year. but i think on the whole, the president had to make a tough decision. i think he made the tough one as somebody that's negotiated with

the taliban, also -- >> but, mr. ambassador, he made a tough decision but he made it without the help of congress. if you're deciding something as controversial as this, wouldn't it be a better idea for the president to check in with congress? >> well, you know, this law that the president says he challenged was a 30-day notification, carol. what is he supposed to do? give them 30 days? there's the possibility of leaks, the taliban may change their mind on releasing bowe. you really can't second-guess -- >> shouldn't the president have trusted some member of congress? >> of course. of course there were some notifications. but that pre notification law of 30 days is impractical in a hostage negotiation. it's not going to work. what's important is that there be bipartisanship.

this should not be dragged into politics. unfortunately it is. the fact is, we've got an american serviceman home. i think the positive result was a press conference of parents in idaho exalting about their son coming home. the other stuff needs to be investigated, but what is important is the message sent to the american people and the troops that, if you're in harm's way, you're an american soldier. we'll do everything we can to bring you home. >> ambassador richardson, thank you so much for joining me this morning. i appreciate it. >> thank you. still to come in the "newsroom." president obama takes executive action in a major crackdown on carbon emissions. critics say his plan is a job killer big time. erin mcpike covering this morning's announcement. >> reporter: epa chief gina mccarthy is set to announce coal-fired power plants must cut emissions by 30% by the year

2030. more on that faf the break. ♪ thoughtful combinations, artfully prepared. fancy feast elegant medleys. inspired dishes like primavera, florentine and tuscany. fancy feast. a medley of love, served daily. when la quinta.com sends sales rep steve hatfield the ready for you alert, the second his room is ready. you know what he brings? any questions? can i get an a, steve? yes! three a's! he brings his a-game! the ready for you alert, only at laquinta.com!

jamie, you've got a little something on the back of your shoe, there. [alarm beeping] price tag. danger: price tag alert. oh, hey, guys. price tag alert. is this normal? well, progressive's a price tag free zone. we let you tell us what you want to pay, and we help you find options to fit your budget. where are they taking him? i don't know. this seems excessive! decontamination's in progress. i don't want to tell you guys your job, but... policies without the price tags. now, that's progressive. hoall we do is go out to dinner.

that's it? i mean, he picks up the tab every time, which is great...what? he's using you. he probably has a citi thankyou card and gets 2x the points at restaurants. so he's just racking up points with me. some people... ugh! no, i've got it. the citi thankyou preferred card. now earn 2x the points on dining out and entertainment, with no annual fee. to apply, go to citi.com/thankyoucards most of the time people are shocked when we show them where they're getting the acid, and what those acids can do to the enamel. there's only so much enamel on a tooth, and everybody needs to do something about it now if they want to preserve their teeth. i recommend pronamel because it helps strengthen the tooth and makes it more resistant to acid breakdown. we want to be healthy and strong through the course of our life, and by using pronamel every day, just simply using it as your toothpaste, you know you will have that peace of mind.

president obama is proposing to cut carbon emissions by 30% by 2030. this move will bypass congress with the epa chief making the announcement in the next hour. other headlines, states will have a variety of options like developing wind and solar energy. supporters say this is a major step in cutting the biggest source of greenhouse gases. opponents say the plan will cost

billions of dollars and cost the country hundreds of thousands of jobs mainly from coal plants. cnn's erin mcpike joins us live from washington to tell us more. >> reporter: carol, that's right. as you mentioned, the headline here is these coal-fired power plants will have to cut carbon emissions by 30% by 2030. i've been talking to some experts this morning on this, they say this is more industry friendly than could otherwise have been expected because they're cutting from 2005 levels, not from 2012 levels. the next reason that makes it a little more industry friendly than they thought is that states are going to be given wide latitude in how they go about doing this. they're not mandating any kind of technology, but they're being given a menu of options for how they can do this, by developing wind, solar, some other forms of renewable energy. as we know, environmentalists

have not been thrilled with the president. they don't think he's done enough. but opponents and republicans are saying this is going to be bad for the coal industry. the chamber of commerce says it's going to cost the u.s. economy $50 billion in a year. we also heard from wyoming senator mike enzi and he said it would cost 800,000 jobs from the coal industry. >> where is he getting that figure? >> these are things that have been studied for a long time. here is the other thing, carol. this is going to be a regulatory process. it's actually going to go on for a rather long time. the epa is going to have to open a forum, essentially, for comments. we are going to see a number of legal challenges. i've been told we're going to hear from the right and the left, not just the harm it could do to the coal industry, but some environmental groups are going to say this is not going far enough, that they would like to see emissions cut from the 2012 levels rather than the 2005

levels. >> erin mcpike reporting live from washington. we'll have more on this topic later in the "newsroom." golfer phil mickelson preps for the u.s. open despite a huge off-the-course distraction. he's the target in an insider trading proebe. we'll talk about that next. e an. i'm k-a-t-e and i have copd, but i don't want my breathing problems to get in the way my volunteering. that's why i asked my doctor about b-r-e-o. once-daily breo ellipta helps increase airflow from the lungs for a full 24 hours. and breo helps reduce symptom flare-ups that last several days and require oral steroids, antibiotics, or hospital stay. breo is not for asthma. breo contains a type of medicine that increases risk of death in people with asthma.

it is not known if this risk is increased in copd. breo won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. breo may increase your risk of pneumonia, thrush, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking breo. ask your doctor about b-r-e-o for copd. first prescription free at mybreo.com ♪ 800,000 hours of supercomputing time, 3 million lines of code, 40,000 sets of eyes, or a million sleepless nights. whether it's building the world's most advanced satellite, the space station, or the next leap in unmanned systems. at boeing, one thing never changes. our passion to make it real. ♪ our passion to make it real. ♪ ♪ ♪

ben! well, that was close! you ain't lying! let quicken loans help you save your money. with a mortgage that's engineered to amaze!

pro golfer phil mickelson has been off his game. a big distraction isn't helping much. mickelson is at the center of an investigation into insider

trading, the tale of two high-rolling people, mickelson, his friend billy walters, and billionaire investor carl icahn. question, did they trade information illegally to enrich themselves? mickelson talked about the investigation at the memorial in ohio. >> you know, i can't really go into much right now, but as i said in my statement, i have done absolutely nothing wrong. >> cnn's christine romans following the story. really strange, actually. who would have thought this would involve phil mickelson? >> a billionaire activist investor and a gambler. the claim is when carl icahn was making a big move on a company. no charges yet, but it is very serious, carol.

>> phil mickelson. >> reporter: world renowned golfer phil mickelson is being investigated by the fbi and securities and exchange commission as part of a probe into insider trading fraud. over the weekend he denied any involvement after teeing off at a tournament in dublin, ohio. >> i have done absolutely nothing wrong. that's why i've been fully cooperating with the fbi agents. >> reporter: the probe centers around stock trades made by billionaire investor carl icahn three years ago. the fbi is examining whether mickelson along with a well-known sports gambler, billy walters, profited from information not available to the public. >> they're going to be looking at a pattern of trading in particular stocks, and they're going to be looking to connect the relationship between mickelson, between walters and between icahn. >> law enforcement sources tell cnn back in 2011 icahn invested in shares of clorox and proposed

a $12.6 billion takeover of the company causing a spike in clorox's share price. now authorities want to know if mickelson and walters were possibly tipped off by icahn, allowing them to cash in on the share increase. >> with respect to icahn, you have to prove he deliberately leaked the information and it was privileged or very confidential information and that he knew it was at the time he leaked it. >> cnn could not reach representatives of icahn or walters for comment. icahn told the "wall street journal" that the suggestion he was involved in improper trading is, quote, inflammatory and speculative, telling the paper "we are always very careful to observe all legal requirements in all of our activities." walters told the "wall street journal" "i don't have any comment about anything." so far there are no allegations of wrongdoing and no charges have been filed against anyone in this case. >> it's not going to change the way i carry myself.

honestly, i've done nothing wrong. i'm not going to walk around any other way. >> carol, he says he will continue to talk to the fbi agents as long as it takes. he says he hopes it's soon that they resolve all this. insider trading is a serious crime. it can have a jail sentence of up to 20 years. this is going to be an interesting case for authorities to continue to pursue here because it's interesting because carl icahn -- usually insider trading is someone inside a company who knows about moves that are going to happen. he's an outsider, an activist investor who is very public and very vocal about the moves he's making on companies from the outside trying to go in. they'll be replacing and retracing everyone's steps in 2011. >> what do you mean by activist investor? i don't get that. >> he's not like the ceo of a company who knows there's going to be some kind of a management change or some kind of good news or bad news happening in that country. he's from the outside.

he's someone with a bunch of money who goes in and starts buying up company shares and has the clout to tell the board, i want you to split the company up or i want to take over this company. he's someone who takes his money from the outside and tries to change how a company does business, the activist investor. he can be very, very vocal about it and can move the stock. some have criticized those kinds of investors for moving stocks and changing corporate structures just because they have a lot of money to throw around. >> christine romans reporting live from new york. still to come in the "newsroom," the release of bowe bergdahl sparking a mix of emotions and the new round of finger-pointing. is bergdahl a deserter? did the white house break the law when it made a deal for his release? we'll talk about that next.

a woman who loves to share her passions. grandma! mary has atrial fibrillation, an irregular heartbeat not caused by a heart valve problem. that puts her at a greater risk of stroke. rome? sure! before xarelto®, mary took warfarin, which required monthly trips to get her blood tested. but that's history. back to the museum? not this time! now that her doctor switched her to once-a-day xarelto®, mary can leave those monthly trips behind. domestic flight? not today! like warfarin, xarelto® is proven effective to reduce afib-related stroke risk. but xarelto® is the first and only once-a-day prescription blood thinner for patients with afib not caused by a heart valve problem that doesn't require regular blood monitoring. so mary is free of that monitoring routine. for patients currently well managed on warfarin, there is limited information on how xarelto® and warfarin compare in reducing the risk of stroke. xarelto® is just one pill a day taken with the evening meal. spinach? grazie! plus, with no known dietary restrictions, mary can eat the healthy foods she likes.

don't stop taking xarelto®, rivaroxaban, unless your doctor tells you to. while taking xarelto®, you may bruise more easily and it may take longer for bleeding to stop. xarelto® may increase your risk of bleeding if you take certain medicines. xarelto® can cause serious bleeding, and in rare cases, may be fatal. get help right away if you develop unexpected bleeding, unusual bruising, or tingling. if you have had spinal anesthesia while on xarelto®, watch for back pain or any nerve or muscle related signs or symptoms. do not take xarelto® if you have an artificial heart valve or abnormal bleeding. tell your doctor before all planned medical or dental procedures. before starting xarelto®, tell your doctor about any conditions, such as kidney, liver, or bleeding problems. switching to xarelto® was the right move for mary. ask your doctor about once-a-day xarelto®. no regular blood monitoring; no known dietary restrictions. for information and savings options download the xarelto® patient center app, call 1-888-xarelto, or visit goxarelto.com

good morning. thanks for joining me. i'm carol costello. bowe bergdahl, the p.o.w. dramatically released over the weekend in a swap for five taliban prisoners is waking up in a german hospital today, receiving treatment after a five-year ordeal. the u.s. says bergdahl's health was rapidly deteriorating, forcing the government to act fast to secure his freedom. reaction to his release has been mixed. questions and criticism are swirling around the obama

administration and how it made the deal. namely, did the white house negotiate with terrorists and did the white house violate law by not notifying congress in advance of the prisoner transfer? here is how the administration is responding. >> we didn't negotiate with terrorists. as i said and explained before, sergeant bergdahl is a prisoner of war. >> what we did was ensure that, as always, united states doesn't leave a man or woman on the battlefield. the department of defense consulted with the department of justice, and it is our view that it was appropriate and necessary to do this in order to bring sergeant bergdahl back safely. >> also this morning, some of bergdahl's fellow soldiers are speaking out. we're seeing their concerns about his actions and how they led to his capture. a member of his platoon said, quote, bowe bergdahl deserted during a time of war and his fellow americans lost their

lives searching for them. bergdahl's squad leader says i'm pleased to see him return safely. i believe that an investigation should take place as soon as health care professionals deem him fit to endure one. here to talk about that, cnn political analyst and editor in chief at "the daily beast," john avlon and cnn political x commentator and columnist bill blaze. bergdahl has been released, held by the taliban for five long agonizing years. how unusual is this, john avlon? >> it's unusual for a p.o.w. release to get politicized so quickly. complicated by the fact of what you raised at the top, according to his unit members of his unit lost his lives trying to find him and he was a deserter. this doesn't appear to be a profile in courage recovery.

that said, we have an obligation to bring every man home. he was gone for five years. that should probably dampen some of the attempts to politicize this. >> look at it this way, will, according to wikileaks, they have a leaked conversation between these terrorists who abducted bowe bergdahl, and they said he was actually in the latrine unarmed when he was taken. it doesn't appear he was deserting. he hasn't been charged with anything by the army. are we jumping to the conclusion too fast that he's a deserter? >> well, yes, that statement. if we're jumping to the statement he's a deserter, we need to find out what happened. whatever the conversations with the haqqani network, i don't know how much weight we should give that. there was suggestions that they swooped in when he was lagging behind a patrol and grabbed him. >> these weren't public statements they made. >> the point is we don't know. as john pointed out, many of his

close friends, close soldiers, compadres over there say he did, in fact, desert. there are questions at the end. the questions are, one, should we be line nizing bowe bergdahl? i don't know. we have to find everything out. the second thing, was this done correctly? when you complicate these matters and add to the fact that we trade five high value taliban terrorists back into afghanistan, when you put all that in, what you arrive at is whether or not we should lie onnize him. did the obama administration break the law by releasing these prisoners without giving congress notice? the reason we have that law is because of this debate we're having right now, because this is complicated. that's where you end up, should they have obeyed the law. clearly the answer is yes. >> i was talking to ambassador richardson. he said the obama administration didn't break the law, they had a negotiated secret. it would spoil the negotiations

and maybe bowe bergdahl would have never been released if the administration had consulted with congress. >> that's what the administration is saying. there is a loophole here. moreover, the urgency was given apparently by a change of status in bowe bergdahl's health. there was an urgency to getting this done that meant some of the congressional actions that would normally be taken could not be in this case. as you say, these negotiations have been going on for a while. that itself wasn't secret. you do see the administration increasingly not simply waiting for congress niceties when there are matters of appropriate urgency. i do think the reality check that you mentioned, we've got a p.o.w. home. we'll figure out all the facts. that's a good day for america. because we have a principle that we don't leave people behind. >> don't you think you have to ask the question, will, that if these terrorists return to killing americans -- and it's happened before when prisoners have been released from guantanamo. we're trusting qatar to keep these guys in line. we're not doing it ourselves,

right? >> right. the deal supposedly suggests they'll remain in qatar for a year. carol, look, i think the only place you can arrive in this debate, the only place you can arrive at the end of the news cycle where we are right now is with questions. that's the only place. as i said, i think the questions are, yes, john is right. it's a good day when an american comes home. should he be lionized. all those questions just pressed upon and give weight and importance to the question of should you obey the law when it requires you to consult with congress? if it is complicated, that only lends to the fact that you should obey the law and consult with congress when trading prisoners and terrorists away from guantanamo. >> john avlon, will cain, thanks so much. >> you bet. still to come in the "newsroom." center mccain calls the five taliban detainees the toughest

of the tough. do they still pose a risk to national security? we'll dig deeper next. sea captain: there's a narratorstorm cominhe storm narrator: that whipped through the turbine which poured... surplus energy into the plant which generously lowered its price and tipped off the house which used all that energy to stay warm through the storm. chipmunk: there's a bad storm comin! narrator: the internet of everything is changing how energy works. is your network ready?" humans. even when we cross our t's and dot our i's, we still run into problems. namely, other humans. which is why at liberty mutual insurance, auto policies come with new car replacement and accident forgiveness if you qualify. see what else comes standard at libertymutual.com.

liberty mutual insurance. responsibility. what's your policy?

let's continue our conversation. critics of the deal for the bowe bergdahl release are taking issue with the fact that congress was not notified of their transfer which is required if detainees are released from guantanamo bay. white house press secretary jay carney defended the situation. >> he was held in an armed conflict by the taliban. we were engaged in an armed conflict with the taliban. we have a history in this country of making sure our prisoners of war are returned to us. it's entirely appropriate given the determination made by the secretary of defense in consultation with the full national security team that the threat hoe tenlly posed by the

returned detainees was sufficiently mitigated to allow us to move forward and get bowe bergdahl back home where he belongs. >> let's talk about that. jonathan turley, a law professor at george washington university. peter berg gan is a cnn national security analyst. good morning to you both. >> good morning. >> john, did the white house violate federal law? >> they did. i don't think the white house is seriously arguing they're not violating federal law. to make matters worse, this is a long series of violations of federal law. i testified twice in congress about this record of the president in suspending or ignoring federal laws. this is going to add to that pile. i don't think there's much debate that they're in violation of the law. what's fascinating, carol, is when this law went to the president, he used a signing statement which, if you recall as a senator, he opposed and ran against for president. but he actually used one in this circumstance and said, i'm going

to sign this, but i actually think that notice requirement is unconstitutional. he's essentially arguing the very same principle of george bush, that when it comes to gitmo, he has almost absolute power, that it is his prerogative, his inherent authority to be able to make these decisions as he sees fit. >> does it matter, because the administration says the department of defense consulted with the justice department and that was enough. does that matter? >> well, unfortunately justice department has been involved in many of these controversies and tended to support presidential power. the federal law seems quite clear. the fact that you have negotiations that have gone on for years really undermines the argument that this was a matter where time was of the essence. clearly you have committees with classified proceedings, people who have been cleared for this information that could have been consulted. this really is the reason they enacted the law.

i have been a big critic of gitmo. i think it should be shut down. but the law was passed and was signed, and it was precisely to address issues of controversy like this. >> so, peter, administration officials also say they could not inform congress and, of course, obey the letter of the law because it would impede negotiations. are they right? >> i think they are right, carol. tom donald famously said a good way to keep a secret in washington which is don't tell anyone. these negotiations were incredibly tightly held, very few people on the national security council and others were privy to those details and at the end of the day, making the day without it leaking was essential to the deal happening. >> so it's just hard to believe that the president couldn't trust anyone in congress to keep a secret, peter. >> well, i mean, look at -- we've seen this in the past with the osama bin laden raid, a raid

into a country we're normally allied with. the administration kept that incredibly tightly held again because of concerns about leaks. we live in washington. the town leaks like a sive. i think this was the right call. >> so as far as the danger that these five freed prisoners present to the united states, the potential danger, what is that, peter? >> well, to be determined. one important point is if they're under some form of surveillance for a year in qatar, all of u.s. combat troops are going to be removed from afghanistan at the end of this year. we'll have some kind of presence thereafter, but it won't be a combat presence. there's a bigger issue here, carol. at the end of hostilities, both sides traditionally swap prisoners. we're coming to the end of conventional hostilities between these two groups. is this, in fact, a precedent for other releases from guantanamo. there are 18 other afghans, much lower level that are being held there. i think the answer probably is

yes. >> so jonathan, in light of all of that, should the president or others be prosecuted at all? >> well, the problem with this time of law is it's even hard to challenge it because of limitations of what are called standing. i respect peter a great deal, but i don't think his argument is that persuasive in that the president can always claim he had to violate federal law because he can't trust anyone in congress. that's a way to circumvent all federal laws. that's not how we work in this country. a law was passed. he has to comply with it. is he going to be prosecuted? no, he probably won't be. but that doesn't justify it. more importantly, the concern that i think people are going to have going forward on something like this is that the president -- is myriad of other circumstances. he just has to avoid saying anything to congress because he doesn't want it to leak. in this case there are legitimate questions about the

price paid for the release of soldiers. i'm glad he's back. i think it is a cause of celebration. the question going forward, are we going to negotiate for the release of american citizens and not soldiers. what we lost here is not just the complying the the federal law, but there is the loss of that bright line rule as to the negotiate with terrorists. finally, i don't think the white house wants to argue that the taliban is like an organized army. just because they haven't been designated a terrorist originationization, this administration has treated people as terrorists in the future or in the past. some of these guys have close ties with al qaeda, one linked to hundreds if not thousands of deaths. i don't think they're going to argue that guy is anything but a terrorist. >> i will only bring up one more point. peter, the types of wars we fight these days are with these terrorist groups. they're not necessarily with

individual countries. so it complicates things, doesn't it? >> sure. i think that's a very good point. it's a lot easier to negotiate with a state where you know where there's lines of responsibilities are. one of the reasons this was such a complicated negotiation is the multiple factions within the taliban. it wasn't clear if the leader of the taliban, omar, was really in control. i think this negotiation indicates actually he is and they were able to come to some kind of deal. >> jonathan turley, peter bergen, thanks for your insight. >> thanks, carol. >> i'll be right back. we asked people a question,

how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm going to have to rethink this thing. it's hard to imagine how much we'll need for a retirement that could last 30 years or more. so maybe we need to approach things differently, if we want to be ready for a longer retirement. ♪ if we want to be ready for a longer retirement. hiwe just love scouring flea markets for special treasures. but with my type 2 diabetes, we now spend all our time at the pharmacy. with med-care, i don't have to! they deliver everything i need right to my door! with free shipping! plus, med-care takes private policies, medicaid, even my medicare! sleep apnea machines, nebulizers, med-care has all the finest medical supplies. the best part...med-care saves us money! med-care allows us the time to do the things we love.

med-care. we deliver a better life.

a frightening exchange in turkey over the weekend as riot police detained a cnn correspondent and his crew live on the air. that's ivan watson there. he was reporting on demonstrations marking the one-year anniversary of the protests when this happened.

>> often you get clashes erupting, demonstrators throwing rocks, bottles and police cracking down with their use of force as well. so -- excuse me. i think i'm getting -- i think i'm being -- >> may i see your passport? >> cnn. >> okay. can i see your passport. we're now being checked. okay. this is my press card. it allows me to work in turkey. >> okay. so ivan is joining us now from turkey with more on his ordeal. you see so calm during all of that.

>> reporter: well, carol, getting shoved around and kind of intimidated and harassed by security forces kind of comes with the territory of being a foreign correspondent. i've been detained in iran, in russia. i've been knocked around by police in turkey and other countries as well. that kind of comes with the territory. this wasn't that bad. the difference is that it happened on live television so, you know, it generated a bit of buzz. it also exposed a pattern that's been taking place in turkey. a broader pattern that turks are feeling the brunt of. a trend where the government has been cracking down on dissent and critical journalism and theme of the day on saturday was anniversary of protests against the government. the government said you're not allowed to protest against us. in the hours after that incident, the government -- the security forces used tear gas and water cannons. i saw police with batons

throwing rocks at demonstrators and chasing them through the streets and hitting them with batons. so what i experienced and what my crew experienced which involved me getting a knee in the postieror and i was asked to sign a document where i would confess to block police work. i wasn't allowed to take a photo of a document to send to a lawyer. that's just a little bit of what what more turks face from the state and the security forces here in the country that freedom house has dropped from being partially free to not free and what the organization reporters without borders describe as the world's worst jailer of journalists. >> so a lot of americans travel to istanbul for vacation. is it safe to go there? >> reporter: well, that's a good

question. the turkish government has used the argument for barricading the downtown of istanbul, which is times square of turkey's largest city. they use the argument they need to protect the tourism potential because there are so many hotels for foreigners. on that day they blocked pedestrians and vehicular traffic here so i saw these foreigners from europe, from arab countries, dragging their suitcases around not knowing how to get around. the argument the government uses to stop people from criticizing government in public is freedom of passage but it shuts it down for everybody. the number of times i've seen foreign tourists choking on tear gas in restaurants in this area is astounding. pregnant women who have tear gas into their homes at night. friends of mine who live here. that has become part of -- if not monthly routine in istanbul

and other turkish cities almost a weekly occurrence here and it's made living in this area much less pleasant than it used to be. i used to urge people to come and visit istanbul and turkey and now it's harder for me to do because this has become an urban battleground week after week over the course of the last year as the government has tried to crush any public forum of dissent. >> tragic. thanks for the good work, ivan watson reporting live from istanbul this morning. i'll be right back. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com.

woman: everyone in the nicu -- all the nurses wanted to watch him when he was there 118 days. everything that you thought was important to you changes in light of having a child that needs you every moment.

i wouldn't trade him for the world. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. if you're caring for a child with special needs, our innovative special care program offers strategies that can help. i'm j-e-f-f and i have copd. i'm l-i-s-a and i have copd, but i don't want my breathing problems to get in the way of hosting my book club. that's why i asked my doctor about b-r-e-o. once-daily breo ellipta helps increase airflow from the lungs for a full 24 hours. and breo helps reduce symptom flare-ups that last several days and require oral steroids, antibiotics, or hospital stay.

breo is not for asthma. breo contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. breo won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. breo may increase your risk of pneumonia, thrush, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking breo. ask your doctor about b-r-e-o for copd. first prescription free at mybreo.com checking top stories for you at 59 past. the u.s. marine jailed in mexico says he was beaten, deprived of food and water and shackled naked. sergeant says the conditions improved since the media started covering his story. more than 100,000 people have signed a white house petition demanding his release. mexican authorities arrested him

after he crossed the border with firearms in his car but he says he crossed the border by mistake. >> he made the 911 call right at the checkpoint. he declared he didn't intend to be there. it was just a mistake. he wanted to go back to the united states. >> a mexican judicial course says the next court hearing is on june 4th. two children in colorado are recovering after a bouncy house they were playing in floated up some 300 feet in high winds. a little girl was treated and released at the scene while a little boy trapped inside was rushed to the hospital. his injuries though are not believed to be serious. this is just the most recent incident involving the popular inflatable toys. two children were hurt last month when a bounce house in new york went airborne. the next hour of "cnn newsroom" starts now. good morning. i'm carol costello. thank you so much for joining

me. in just about 30 minutes, president obama will be taking his strongest action yet against climate change. he'll bypass congress and have the epa announce a proposal to cut carbon emissions by 30% by 2030. other headlines being announced by the epa, states would have a variety of options to meet those goals like developing wind and solar energy. supporters say this is a major step in cutting the biggest source of greenhouse gases. opponents say the plan will cost billions of dollars and cost the country hundreds of thousands of jobs. cnn's erin mcpike is in washington with more. >> reporter: president obama is basically going it alone on this. as you may remember, before the 2010 midterm elections, democrats couldn't pass a cap and trade bill and ever since environmentalists have complained he hasn't done enough but this is a sweeping change that will force coal fired power plants to cut their emissions by an average of 30% over the next

15 years. president obama is going around congress to force a steep 30% cut in carbon emissions, so-called greenhouse gases from coal fired power plants. he's using his executive authority proposing new epa regulations to take his strongest action yet against climate change. >> as president and as a parent, i refuse to condemn our children to a planet beyond fixing. >> reporter: linking the move to health problems like asthma, he taped his weekly address at the children's national medical center. >> often these illnesses are aggravated by air pollution. pollution from the same sources that release carbon and contribute to climate change. and for the sake of all our kids, we've got to do more to reduce it. >> reporter: the new rules reportedly give states and local governments wide latitude on how to reduce pollution encouraging solar and wind power instead of

forcing power plants to close. in this midterm election year, it's a strategy designed to go head to head with republicans who are making hay of the harm these regulations would do to the coal industry. >> the administration has set out to kill coal and its 800,000 jobs. if it succeeds in death by regulations, we'll pay more for electricity if we can get it. >> reporter: the u.s. chamber of commerce estimates it will cost the economy $50 billion a year. advocates say those claims are exaggerated. >> this is something we can't put off. the president deserves huge credit for making this his legacy. >> reporter: but with the mid terms just five months away, this is a risk. democrat senate candidates are running hard in coal country and this move could hurt them as they try to keep republicans from gaining control of the senate. >> erin mcpike reporting live from washington.

i want to bring in our senior washington correspondent now, joe johns. why doesn't the president make this announcement himself? >> reporter: the official position of the administration is that the president has been very vocal on this issue of the new epa rules and the white house is simply not trying to distance itself between the president and epa. on the other hand, this has already been seen as an attack on the coal industry as erin mentioned and it's likely to create real political difficulties for democrats in coal producing states during the midterm election year. now, you can make the case that if mr. obama were to have appeared at that announcement initially it would have put him front and center and just added to the controversy but it's very hard to make that case. the white house does see this as a legacy issue for mr. obama. but if there is any way to mitigate the fallout for democrats and soften the blow, the white house is going to think of ways to do that down the road. >> i was going to ask you why is

this decision being made now? >> well, the bottom line is the president knew he had to go out and do something on this. he's talked about it repeatedly so why not take it front and center. the president clearly going through the front door on this issue and taking republicans head-on especially those republicans from coal producing states. >> joe johns reporting live. thanks so much. we're also following another big story this morning. after five years in taliban captivity, u.s. soldier beau be bergdahl is being treated at an army medical center. they are trying to determine if he'll be reunited with his family in germany or on u.s. soil. he was handed over to u.s. special forces in afghanistan on saturday without a single shot fired armed members of the taliban gave bergdahl over to u.s. commandos in exchange for

five terror suspects being held at guantanamo bay. bergdahl's mother sent a heart wrenching mother to her son. >> five years is a seemingly endless long time but you've made it. i imagine you are more compassionate than ever. you are free. freedom is yours. i will see you soon, my beloved son. i love you bowe. >> let's bring in nic robertson joining us live from germany where bergdahl is receiving treatment. good morning, nic. >> reporter: good morning, carol. well, sergeant bergdahl is receiving treatment here. we're just now seeing the five taliban people who were exchanged for his freedom in qatar. they include a former deputy defense chief, a former head of the interior ministry, former

deputy intelligence chief and former governor. significant players on the side of the taliban. they were fighting the civil war pre- 9/11. they were not senior al qaeda figures but there's going to be a lot of information that bowe bergdahl has here about the taliban. the military would like to get from him. his reintegration and effort to help him recover physically and mentally and find out if he has actionable timely intelligence that could be used against the taliban. today in afghanistan, a service member has been killed in enemy action there. the fight in afghanistan is not over. information that sergeant bergdahl has may be useful to military. that's going to be part of the process that he's going through here right now, carol. >> nic robertson from germany this morning. it's been five agonizing

years of waiting in bergdahl's hometown where family and friends anxiously await his return. yellow ribbons and balloons decorated the streets there. this morning the decorations are a reminder that bergdahl was out of sight but never out of mind. we go live to idaho for more. good morning, nick. >> reporter: this is a lightningtime coming for idaho. for nearly five years, this community here waited for this moment. bowe bergdahl, their hometown hero, finally released from taliban captivity. on and off for two years before being deployed to afghanistan, bowe bergdahl worked here at sandy's coffee shop in his hometown. tributes to the shoulder are all around. >> address drawings. there's just a little bit of everything. there are poems in here. it's just a really lovely ke

keepsake for bowe. >> she's her boss but more his friend. >> a tender personality. a strong person. very personable. he got along great with all of the employees and all of the customers had nothing but good to say about bowe. they enjoyed him while he was working here. >> reporter: this town says they're a community of heart. the small town of nearly 8,000 has been the cornerstone of support for the bergdahls ensuring that he would never be forgotten. >> there's one tree for every year that bowe was held captive. we're waiting for bowe. we're anxious to get him home and get him here with us. we know it will be a long process. we're hoping that day comes sooner rather than later. >> reporter: yellow ribbons and balloons line the main street. symbols of solidarity for a

hometown hero final set free. what are you going to say to bowe when you see him? what do you think that will be like for you? >> i thought about that. i think it's probably going to be quite silent and very, very dear embrace. >> reporter: the community had already planned june 28th event for bergdahl around what would have been the five-year anniversary of his disappearance. they'll keep that date but it will be more of a celebration. they don't expect bowe to be here but everyone will be of course thinking about him and his recovery hoping that he comes home soon. carol? >> there have been allegations that bergdahl was a deserter. what are the people of idaho saying about that? >> reporter: that's a really interesting question. when i asked people here, they say they are aware of the criticism and aware that some in his platoon call him a deserter and criticize his actions. one resident i spoke to just a little while ago said we don't know officially what happened and we haven't heard bowe bergda

bergdahl's side of things and they'll focus on the fact that he's been released. carol? still to come, the release of beowe bergdahl sparking controversy. we'll talk about that next. [ male announcer ] whether it takes 200,000 parts, ♪ 800,000 hours of supercomputing time, 3 million lines of code, 40,000 sets of eyes, or a million sleepless nights. whether it's building the world's most advanced satellite, the space station, or the next leap in unmanned systems. at boeing, one thing never changes. our passion to make it real. ♪

check the weather. borrow ted's wheelbarrow. post big tomato pics. buy a birdhouse for sparrows. download gardening apps. answer my wife's texts. search how to sculpt hedges into a t-rex. i can do all that with my android from tracfone for as low as $7 a month. [ male announcer ] unbeatable nationwide coverage, no contract. for a limited time, save $50 on the zte valet. now just 49.99. tracfone. do everything for less. now just 49.99. beautiful day in baltimore where most people probably know that geico could save them money on car insurance, right? you see the thing is geico, well, could help them save on boat insurance too. hey! okay...i'm ready to come in now. hello? i'm trying my best. seriously, i'm...i'm serious. request to come ashore.

geico. saving people money on more than just car insurance. before those little pieces would get in between my dentures and my gum and it was uncomfortable. [ male announcer ] just a few dabs is clinically proven to seal out more food particles. [ corrine ] super poligrip is part of my life now. this is the first power plant in the country to combine solar and natural gas at the same location. during the day, we generate as much electricity as we can using solar.

at night and when it's cloudy, we use more natural gas. this ensures we can produce clean electricity whenever our customers need it. ♪ securing the release of an american p.o.w. are negotiating with terrorists are the fi firestorm following the release of bowe bergdahl over the weekend. some have called bergdahl a deserter saying the u.s. shouldn't have risked other troops for him.

white house press secretary jay carney talked about that on cnn's "new day." >> here's what matters. he was a prisoner in an armed conflict, a member of the military and in that situation the united states does not leave its men and women behind and for five years we have been engaged in an effort to try to secure his release and we were very fortunate to do that this weekend. and his process of repatriation has become and reintegration into society. i'm sure it will not be an easy one. we're overjoyed on behalf of his parents and friends and family that he's returning home. >> defense secretary hagel insists the united states did not negotiate with terrorists for bergdahl's release. here to talk about that, republican congressman james lankford of oklahoma. good morning, sir. >> good morning to you. >> do you think the obama administration broke the law? >> yes. it's fairly clear they broke the law. they even stepped out and said it was so urgent that we ignored

the law. this was obama administration looking at the law that says anyone who is released from guantanamo within 30 days has to have notification to congress. it's bipartisan notification. just to discuss that back and forth. it's entirely reasonable for congress to be involved and the american representatives to be involved in something this large. the individuals that were released were the top opium dealers and defense personnel and intelligence personnel and people convicted for war crimes and these are serious individuals and to say they'll release them over the course of a weekend without any consultation from anyone outside of the obama administration is pretty serious. it's a violation of law and not prudent. >> he said he couldn't tell congress or the administration couldn't tell congress because it might have spoiled negotiations because the secret would be out. >> that's interesting. you have the obama administration notifying the

obama administration, the justice department, and then discussing it when the law says they have to come to congress. congress was kept informed of the osama bin laden raid which couldn't have been more secretive than that. they followed the law on that situation but not on this one. that's odd to me. >> do you think that -- there's not a lot of trust between congress and the administration at this moment, right? do you think that had any part in any obama administration decision? >> well, i would hope not. that would include the democrat controlled senate. the obama administration didn't notify anyone in this process. it wasn't just a matter of we don't like congress and so we're just going to go around them. they don't like the law so they'll go around the law. this was a bipartisan law that was passed dealing with larger national defense authorization. in that national defense authorization, it made it clear transfer of prisoners from guantanamo how that could be handled and limitations on that. they chose to ignore the law. that's a bigger issue. we're all overjoyed that

sergeant bergdahl is coming home. it's the process of how it was done and risk it puts to other americans whether that be private contractors, other soldiers, other folks in the military whether it be missionaries around the world, suddenly they have become a target to say if you capture a missionary somewhere in the world or some american somewhere in the world, then we can start swapping them for taliban leaders. that's a very dangerous precedent for americans worldwide and that's why this needs serious consideration. >> should any action be taken against the president or the administration? >> hearings should be held immediately in the house and senate. that's entirely reasonable to talk through the process on this. who was notified? how was the decision made? how should this be handled in the future? and hold to account any individuals that intentional violated the law. that needs to be addressed. we're a nation of laws. you can't say i'm the president of the united states i don't have to follow the law. that's not true. all of us are under the law whether it's executive branch, members of congress, every american. that's what makes us america.

we follow the law. >> congressman james lankford are oklahoma, thank you for being with me. i appreciate it. >> thank you. >> still to come in the "newsroom," you hardcore apple fans, just a few hours we'll find out what the company has in store for you in 2014. we will get the story from new york. good morning. >> reporter: always so much excitement when it comes to apple announcements. a little hint here. we could hear about new imax and smart home technology. i've got more on that after the break.

it's that time of year again. after all of the speculation and what ifs, apple will lay out plants for 2014 during the keynote address at the worldwide development conference in just a few hours. what can we expect? >> you got to love the rumors leading up to this big event. let me get right to it. these are rumors on what we can expect in the next couple hours. ios 8 is expected to come out. also new imax. people excited about that rumored to come out and osx redesign reportedly getting a major design overhaul and smart home software making it easy for you to connect home to iphone. and also you see on there, healthbook app. this one is interesting. it's essentially helping users monitor their heart right,

sleep, breathing so we hear so much about the third party tracking apps allowing you to get to know your body better. that could be something that could potentially work with the iwatch we've been hearing about. i'm sad to say i don't think we'll hear about the new iphones that itv that everyone is talking about or iwatch. i know. i know. i think the most interesting thing here could be some of the smart home technology if they come out with this and health tracking apps. i'm waiting for itv. >> i am too. why aren't they doing that now? >> i think a lot has to go into that. this conference used to be back when steve jobs did a lot of these conferences, it used to be he would come out and say one more thing. and then he would give us this magical new piece of technology like ipad that we never heard of. times have changed a lot. it's a very different -- it's different now. you look and it's a very

interesting time for apple. you look at the beets deal. maybe dr. dre will play today. apple is in the business that they compete with google. the race is getting tighter and tighter. it's a very interesting and pivotal time. that being said, we're spoiled. as users, we want that one more thing. for them to come up with something that blows our mind, carol. >> okay. i guess we'll wait until next year. although the new stuff sounds cool. thank you so much. still to come in the "newsroom," president obama vows to clean up the environment with an historic push to cut carbon emissions. could it hurt the economy and maybe the democratic party in the midterms. we'll talk about that after a break. [ male announcer ] if you're taking multiple medications, does your mouth often feel dry? a dry mouth can be a side effect of many medications but it can also lead to tooth decay and bad breath.

that's why there's biotene. available as an oral rinse, toothpaste, spray or gel, biotene can provide soothing relief, and it helps keep your mouth healthy, too. remember, while your medication is doing you good, a dry mouth isn't. biotene -- for people who suffer from dry mouth. a dry mouth isn't. we are a collection of smalls. a home saved. a hero homebound for a new opportunity. a kitchen that kick starts careers wells fargo invests in our communities a little differently. small measures that add up to make our whole even greater. little by little we can do a lot. because... small is huge. visit www.wellsfargo.com to see how big small can be. so, if you're what ysleeping in your is youcontact lenses, ask about the air optix® contacts so breathable they're approved for up to 30 nights of continuous wear. ask your doctor about safety information

as serious eye problems may occur. visit airoptix.com for a free one-month trial. captain obvious: this is a creepy room. man: oh hey, captain obvious. captain obvious: you should have used hotels.com. their genuine guest reviews are written by guests who have genuinely stayed there. instead of people who lie on the internet. captain: here's a review, it's worse in person. ♪ ♪fame, makes a man take things over♪ ♪fame, lets him loose, hard to swallow♪ ♪fame, puts you there where things are hollow♪ the evolution of luxury continues. the next generation 2015 escalade. ♪fame you've reached the age where you've learned a thing or two.

this is the age of knowing what you're made of. so why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain... it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to you doctor.

good morning. i'm carol costello. thank you so much for joining me. the obama administration will unveil its latest efforts to fight climate change today. new epa regulations requiring a 30% cut in carbon emissions by 2030. cnn is monitoring this event. we'll bring you updates as we get them. this is a move that some republicans and members of the business community will cost the

economy thousands of jobs and some $50 billion a year. they aren't the only ones criticizing this new epa plan. a high profile democratic senate candidate, is not keeping quiet about her dislike of the president's plans. >> i don't agree with the president's war on coal. i think it's wrong for kentucky. as kentucky's next united states senator, i will fight to make sure that coal has a long-term place in our national energy policy. that we actually have the funding to implement clean coal technology and we restore coal to its rightful place as a prime american export. >> all right. let's talk about this. joining me now, erin mcpike and joe johns and columnist for "the blaze" will cane. i'm going to throw you red meat.

is this a war on coal? >> clearly it is. the obama administration has said as much. they said that coal really is the target here. it's the problem. it's the reason for carbon emissions and global warming. when you listen to alison grimes is it's more than a war on coal. it's a war on the economy. that number you quoted earlier, 50 billion a year, that comes from the u.s. chamber of commerce. the obama administration and epa itself said 8 billion a year. we're talking about real cost. jobs. 7% increases in electricity bills. yes, this is going to have an impact. you have to ask yourself for what? global warming, climate change are truly global. if we do this, do we make an impact? does china not ramp up theirs and import more coal because there's less demand here. what do you get? alison grimes is asking it. >> i know. you bring up china. i think that's a good point. i will say china says it's not doing anything because the united states isn't doing anything about climate change.

we have no moral authority. they are waiting for the u.s. to act and maybe they'll jump onboard. am i right, joe johns? >> i think you're right. this is going to make democrats in coal producing states scramble. signs that democrats are trying to distance themselves from epa new rules because of concerns that the net effect of the rules is going to be loss of jobs in coal country. another pocketbook issue here as well whether electricity rates are going to go up. also, i think you have to say there are going to be legal challenges to the new rules. that's likely to keep the story in the headlines. coal industry has powerful lobbyists and they'll make their presence known. the upside, carol, of all this for the obama administration is that environmentalists are likely to applaud this epa move even though it's going to be a while before these rules actually start having an impact. >> there is some wiggle room in these rules, right, erin? the president and the epa in part leaving it up to states to figure out how to clean the air. >> that's right.

and joe was right. environmental groups will applaud this. we may hear some challenges from the left because what this does is cut carbon emissions from the 2005 levels rather than from the 2012 levels which makes it a lot easier to meet these goals by 2030. if it were 2012 levels, it would be much, much harder, carol. the other thing i would point out is that states are being given wide latitude in how they're doing this. they're not mandating any kind of technology. there is a cap and trade component. but there are a number of components that they can use. >> there's some wiggle room. states can decide for themselves how to clean the air in part. isn't that worth doing something about climate change because we must. >> it's always the argument in the end. we have to do something. there are so many different aspects to doing something, you have to ask yourself is what you're doing legitimate? i'm really glad that erin

mentioned cap and trade. can we remember five years ago there was a legislative effort to pass cap and trade. and it failed. it used to be that congress wrote our laws. i understand the supreme court said epa has wide latitude. we as american citizens have to understand this aspect of the debate. we outsourced a lot of policy to unelected bureaucrats at agencies like the epa. this is a big deal. at least economically. maybe not for impacting the climate but it's a big deal. >> congress isn't busy passing laws every day because they're not. >> that's how the system is set up. >> it's not working. what do you do? >> you do exactly what we are doing. you have debates among politicians that you democratically elect. they sit in those chambers in those fancy buildings in washington, d.c. and they debate among themselves the future of the american public. you don't outsource it to unelected bureaucrats. >> we'll ask joe johns. let's say we follow will's lead here and that there's a debate

in congress. will anything get done? will any law get passed? any new idea come forth? >> it hasn't so far quite frankly. the president pushed on this issue and hasn't got traction at all on capitol hill. not easy to see how they'll come up with a compromise that satisfies everybody at least to some extent. >> carol, if i can add there, the cap and trade legislation actually passed the house and eight house republicans voted for it and then they got primary challenges. it couldn't pass the senate. back in 2009, harry reid said he thought it would be easier to get the healthcare law passed than cap and trade. he was right. they couldn't pass the senate. then you saw going into the 2012 presidential elections that republicans who once supported cap and trade started running away from it. mitt romney, tim pawlenty, and jon huntsman. republicans are opposed to this. that's why president obama has to go it alone on this.

>> some democrats are too. >> democrats as well. democracy is stubborn. >> it really is. many thanks. still to come in the "newsroom," golfer phil mickelson tries to put a poor weekend behind him as he prepares for the u.s. open. will he be able to do that? he's accused of being part of an insider trading probe. dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can multiply. polident kills 99.99% of odor causing bacteria and helps dissolve stains. that's why i recommend polident. [ male announcer ] cleaner, fresher, brighter every day. [ male announcer ] cleaner, when salesman alan ames books his room at laquinta.com, he gets a ready for you alert the second his room is ready. so he knows exactly when he can check in and power up before his big meeting. and when alan gets all powered up, ya know what happens? i think the numbers speak for themselves. i'm sold! he's a selling machine!

put it there. and there, and there, and there. la quinta inns & suites is ready for you, so you'll be ready for business. the ready for you alert, only a laquinta.com! la quinta!

trwith secure wifie for your business. it also comes with public wifi for your customers. not so with internet from the phone company. i would email the phone company to inquire as to why they have shortchanged these customers.

but that would require wifi. switch to comcast business internet and get two wifi networks included. comcast business built for business. phil mickelson has been off his game and a great big distraction ain't helping much. mickelson is at the center of an investigation by the fbi and s.e.c. into insider trading. it's the tale of three high rolling people. mickelson, his friend billy walters and carl icahn. the question is did they trade information illegally to enrich

themselves? mickelson talked about the investigation at the memorial in ohio. >> i can't really go into much right now. as i said in my statement, i have done absolutely nothing wrong. >> let's talk about this on the business inside with christine romans and on the sports side with andy. welcome to you both. andy, i would like to start with you. phil mickelson didn't play very well. >> this is the worst stretch of his career lately. he hasn't had a top ten finish this year. he hasn't had one since last august. he missed the cut at the masters, which he never does. the u.s. open is the tournament he wants to win the most. he finished second a record six times. runner-up six times. so that's the only major he hasn't won yet. this one can complete the grand slam. he'll practice at the course this week. before he plays at the st. jude classic this weekend. he can't really play worse with this hanging over his head. it's probably not going to help.

>> despite the drought, he's a fabulously wealthy man. >> behind tiger woods, he makes the most in endorsements in the golf world. >> what are they accused of doing wrong? >> i'll tell you, callaway golf is standing behind him. they say that none of this affects callaway or the callaway brand and they are standing behind their golfer at the moment. at least that endorsement stands. so what are they accused of doing? what's happened here is carl icahn, the big activist investor bought a stock in clorox in 2011 and along that way they started notices there were interesting trades going on. other people were buying up the stock. it looked like in anticipation perhaps of this takeover news and then they could profit from the run-up in the stock, right. this is all about a 2011 carl icahn move to try to buy

unsuccessful bid to buy clorox. the guy in the middle, the las vegas gambler who plays golf with one and poker with the other, is where this whole relationship goes through. what's going to have to happen here is investigators will have to piece it together and find out did phil nicholson know he was getting a tip on the golf course that he could profit from or was it just gossip on the golf course that he managed to make a trade on or no trade at all? that's what they'll have to figure out here. it's a probe. it's not accusations at this point. >> who is billy walters? >> he's the las vegas veteran. he probably schmoozes with pro athletes and has good information. that's what you do on a golf course. you talk business and sports. who knows. this could just have come up casually and, hey, that's probably a good investment.

these are just allegations. we don't know if anyone has done anything wrong but if the fbi is looking into it, there has to be some smoke somewhere. >> in the break andy said might have just let it slip like this stock is about to go wild so invest in it. maybe phil mickelson it's as simple as that. >> there are so many stock tips traded on a golf course. i bet half of them don't pan out. i guess that's what investigators have to find out. did they know there was something that no one else knew that they were trading on. that's when it becomes insider information and not just a stock tip. >> christine romans, andy, many thanks to both of you. still to come in the "newsroom," this morning beowe bergdahl is free after spending five years in taliban captivity. at what cost? becky anderson has more on the firestorm surrounding this weekend's controversial prisoner exchange.

the was a truly amazing day. without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people take care of the things that matter most. join today at angieslist.com

friends and family of sergeant bowe bergdahl are anxious to get the soldier back home. earlier on "new day," chris cuomo talked about how the community is preparing to welcome him back. >> what can you tell us about who he is in terms of the particular nature of his personality? >> bowe was trying to explore new things. he was always reading books on

different religions and exploring those learning different foreign languages. he was always, always trying to go up the ladder to find the next levels of something to interest him. so he is very curious and very -- curious is probably the best word. >> when we read these things that he said this gets too boring i may go find china and what's on the other side of those mountains. those are new being taken as potential hints that he was thinking of leaving. do you offer a different perspective? >> in the whole time i've known bowe, he's not a quitter or one to back out of a challenge or been one to stop what he was doing. so on the flip side of that, he was curious but committed to finishing everything that he started. >> how is the community and the family dealing with this controversy surrounding the deal

now about whether it was worth it and what it may mean? how do they deal with that? >> our community right now is taking that in stride. we are more excited about getting him back and having him finally released. it's been five long years of us hoping and praying that things would happen and he would be home and that's really the focus of the community right now. there isn't a lot of talk any other way. haley is so close and so tight that all we have wanted for five years and now that we have is him back and that's all we're focused on here. >> the community never gave up hope that he would one day return. the dramatic release isn't sitting well with everyone. lawmakers accuse the white house of negotiating with terrorists. >> i certainly believe that the administration broke the spirit if not the letter of the law but again, my major concern is not what the administration did as

far as the law is concerned, my concern is what these individuals will be able to do in terms of this release and it's of great concern to all of us. >> as we've been telling you, five hardcore terrorists were exchanged for bergdahl's release. these pictures obtained by cnn were released by the taliban and show detainees arriving in qatar. let's bring in becky anderson joining us live. good morning, becky. >> reporter: a very good morning, carol. what we know is that these men were mid to high ranking taliban officials. the delegation in guantanamo bay for some three days before they were given these prisoners to bring back to qatar here. what we know is they arrived on sunday and cnn obtaining this video that you've been watching of those taliban former prisoners arriving in qatar. this was shot by pro taliban

media and posted on a taliban website. what we don't know at this point is where these men are now. that's of grave concern to many people including the lawmaker you just heard from. are these men in a position secured and therefore not a risk to u.s. citizens in any way? that's the assurance the u.s. certainly sought from the qatarees. we went out to find out if we could find anywhere these men might be. we went down to the taliban embassy here, the taliban political office which was set up in 2013 and famously temporarily closed. when we got down there, there was nobody around. it's in a very close to the foreign ministry here. we asked a security guard

whether he saw action over the last couple days. he said he hadn't. i tried to ring the doorbell. nobody came. we were outside for 20 to 25 minutes. that's known as the taliban embassy here to a certain extent legitimatizing the taliban here in qatar but qatar mediating these efforts. we've been told on and off the record we won't hear anything more about where these men are but certainly of a concern to many people now. could they leak out a way from where they are being held as it were and again this is for reporting these men are in accommodation and not in a detention facility for example. we've also been told but i can't confirm that their relatives from afghanistan have flown in to be with them. lots of questions still unanswered here in qatar at this point. certainly five men now on ground here in this small gulf nation

state. nobody knows where they are at this point. >> still to come in the "newsroom," this morning, fans are mourning the death of alice from "the brady bunch." >> the manual says in case of a double compound fracture in both arms, the victim must be completely immobilized. >> do me a favor, immobilize my big mouth before i can answer. >> a look at the woman behind the smiling housekeeper next. [ male announcer ] whether it takes 200,000 parts, ♪ 800,000 hours of supercomputing time, 3 million lines of code, 40,000 sets of eyes, or a million sleepless nights.

whether it's building the world's most advanced satellite, the space station, or the next leap in unmanned systems. at boeing, one thing never changes. our passion to make it real. ♪ with lobster! don't miss our first ever lobster toppers event! 4 delicious entrees topped with sweet, succulent maine lobster starting at just $15.99! like savory new wood-grilled shrimp topped with maine lobster in a citrus hollandaise... or the new ultimate: lobster-topped lobster -- 3 split maine lobster tails topped with maine lobster in a creamy white wine sauce! four choices, for a limited time, starting at just $15.99! everything's better with lobster! come in now, and sea food differently.

the housekeeper with all of the answers and funny lines, ann davis has died playing the much loved alice in "the brady bunch." >> come on. who thought that was funny?

that's kind of nice. >> we always thought she was funny. she died after reportedly falling in the bathroom on saturday. she was 88 years old. and she was in good health. nischelle turner is live in new york to tell us more about her legacy. good morning. >> good morning, carol. i think that was one of the only times we ever saw alice's hair changed when they got dunked in that pool. they had a supporting role but was always center square in the intro to "the brady bunch." she was the heart of that family. it made america fall in love. ♪ ♪ that's the way we became the brady burcnch ♪ >> will you do me a favor next time you asked me to volunteer

for something? immobilize my big mouth before i can answer. >> ann davis became america's most famous and wise cracking housekeeper. >> i appreciate the invitation. i'm afraid rotten and dirty will have to do without me tonight. >> she helped keep this iconic tv family functioning and her advice always spot on. >> mr. brady, just lean back and accept it. >> davis' first big break was on a 1950 sitcom where she won two emmy awards for her portrayal of the hilarious single secretary. >> income tax time again. this year he gave it to the government in one lump. the trouble is the government gave him one right back. >> in the late '70s, davis retired from show business focusing on faith and volunteering at a denver homeless shelter. >> i have place in my heart for this.

>> she wasn't completely out of the spotlight making a cameo performance as a truck driver in 1995 "brady bunch" movie. >> i can't help thinking what might have been if i had taken a different road. married young. had a family. three boys, three girls. then a little voice says are you kidding? they probably would treat you like a maid. >> davis will be remembered for helping two widowers raise their six children and for being a mainstay of this nontraditional family as america tuned in. >> some of the happiest moments of my life have been spent right here in this house. >> ours too. >> florence henderson played carol brady and she wrote a facebook post saying i'm sad to hear that ann davis died. i spoke to her a couple months ago and she was doing great. she will be missed. >> she will be missed. so many happy childhood memories just to see those clips. i always wish i had an alice in my home and i'm sure my mom did

too. >> i'm sure she did. >> nischelle turner, many thanks. thank you for joining me today. i'm carol costello. "@ this hour" with berman and makayla starts now. hero or deserter? that is the question some are asking at this hour as we learn more details about the release of army sergeant bowe bergdahl. some former soldiers are furious. one even says he committed treason. hillary clinton's hard choices meets failed choices. a republican group is out with an anti-clinton ebook already. almost three months after it left the radar screen and entered the history books, malaysia flight 370 may spark big changes in the airline industry. hello, everyone. i'm john berman. michaela pereira is off today. those stories