good evening, thank you for joining us. we're following exest personally dangerous weather right now. forecasters warning of a very long night ahead. chad meyeyers is monitoring conditions. first, the political fire storm over the deal to free sergeant bowe bergdahl. there's breaking news. an early pentagon investigation back in 2009 on colluded he left his outpost deliberately. the official says there was no definitive finding that he deserted because that would require e knowing his intent. ha may become clear when he becomes debriefed. president obama today stood by the steps he took to bring bergdahl home. >> regardless of the circumstances, whatever those circumstances may turn out to be we still get an american soldier

back if he's held in captivity, period. >> back in washington, the president and his national security adviser calling dianne feinstein who chairs the intelligence committee apologizing for not giving a 30-day notice of the deal as required by law. she accepted his apology, but she was not happy with the way this all unfolded. >> it comes with some surprise and dismay that the transfers went ahead with no consultation, totally not following the law and in an issue of this kind of concern to a committee that bares the oversight responsibility, i think you can see that we're very dismayed about it. >> we're going to get a sense of how politically toxic this is becoming. you'll hear from jay carney and there's more. in addition to or compound iing

the political acrimony, a tweet now deleted from sergeant bergdahl's father. it reads "i'm still working to free all guantanamo prisoners. god will repay for the death of every afghan child." the bergdahl family declined comment on that tweet. also more members of their son's unit, his former team leader tells jake taper that bergdahl was seeking out the enemy. >> i was standing right next to the radio when they heard that there was an american in a village about two miles from where we were at and it's a village that has a very large presence of taliban. the american is in the village looking for someone who speaks english so he can talk to the taliban. i heard it straight from the interpreter's lips as he heard it over the radio.

at that point, this is kind of snowballing out of control a little bit. there's a lot more to this story than just a soldier walking away. >> a lot that we do not know this point. joining us is sergeant josh korder. thank you for being with us. you serve d in the same platoon as bergdahl in afghanistan. you say you were upset when you heard the u.s. secured his release. why? >> i wasn't upset that his release was secured. it was just more about the way it was done and the fact that there's more dangerous men out there that basically could terrorize people. >> do you have any doubt that he was a deserter? >> there's not a doubt in my mind that he deserted us. >> explain that. >> just the way he was acting, the way he was talking, the way that he september e-mails to his family, just everything he was doing showed that it had

premeditation, that he had the intent of leaving the army. what his sbept was upon leaving the army, that's something only he knows, but he definitely intended to leave. in a combat zone, that's desertion. >> what were the circumstances that led to his disappearance? can you take me back five years ago to that evening? >> from what i understand, he had gotten very close to his afghan counterparts. at the same time he disappeared, two afghan soldiers disappeared. it seemed like he had made a deal with them to try to get out of the military, get to one of their families, get to one of their houses and they were going to try to help him to get away. but it turned out that they basically turned him over to the taliban and made some money off of it and that's how he ended up being captured. >> do you remember what you heard he was mising and what you immediately thought? >> i initially was approached by one of our team leaders and he

said, guess who is missing, and my battle buddy and i immediately said bergdahl. we didn't even have to think about who it was. >> because he had talked about going off before or? >> just because of anyone in the platoon that we knew of all these people that we fought with and knew all so well, he was the only person that we believed to be capable of that. >> were you friendly with him before the disappearance? and it if so, what was he like as a person? >> he was very strange. it was very difficult to talk to him. it was very difficult to find out basically what he was thinking. i learned after his disappearance they were telling on the news he had a girlfriend. one time i asked him, bergdahl, you got anybody you're dating back home. he told me, no, i'm not really into that kind of thing. it just took me aback. when i found out he did have a girlfriend, it was just weird.

why would you say something like that? >> did you notice any change in his attitude toward the war or toward the service while he was there? >> absolutely u. there are two or three major events that happened during our deployment that were very hard for all of us. he took a particular offense to a lot of things. but the thing was that a lot of us got angry. when something happens in the military, it comes from higher. it's a decision made above you. a lot of times you have to stand together and face it. we're all in this together. but he started attacking those people -- maybe inside his head or something like that, he started attacking them and i think try to justify to himself why he just didn't need to be there anymore. >> there are reports that six soldiers were killed during the search for bergdahl. some say it may not be that cut and dry. do you hold bergdahl responsible for their death? >> i wouldn't necessarily say

that if it was a shooting that e he pulled the trigger, but i do think the circumstances surrounding his disappearance and him being gone certainly messed up all of the plans that the army had and set the grounds for those people to be killed because they probably wouldn't have been there. they probably would have been doing other missions. would they have survived, i can't say. but i can tell you we wouldn't have been in also david rode who was held captive for seven months before he managed to escape.

you may say -- were you in complete isolation from anything happening in the outside world? how much may he know about the last five years? >> it could be very little. as time went on, i was able to listen to bbc radio broadcasts and other things. i'm a civilian, i would be treated better than bergdahl was. there was a critical thing in that last interview about the two afghan soldiers. there's a possibility one of the theories was that he was tricked into leaving the base or he did just walk off the base. there may have been a mental breakdown. there's so many unanswered questions and the most important to hear from is bergdahl. >> we talked about this last night. but you believe he absolutely has a lot of questions to answer and needs to answer to the people he served with. >> these soldiers on tonight and the last couple days deserve answers.

whatever his intent was, these young men suffered a great deal. but there should be due process. we should hear from both bergdahl innocent until guilty is what dempsey said today, but there should be an investigation. i said this last night. i don't think he necessarily left that base intending to harm anyone. i think maybe he didn't understand what was out there. and i guarantee just based on my own time in captivity that he regrets that decision and he regretted it every day of the last five years and will regret if for the rest of his life. >> dan, do you think it's conceivable that a soldier who has been through training, read a lot about the conflict, read a lot about the russians there, their experience, that he would have walked off not realizing the danger that he was putting himself in, that he was putting other people in? >> well, again, as we have said, the only person that can answer that is bergdahl himself, but

the bottom line is when you go through training, boot camp and advanced individual training before you deploy, you build bonds with the members of your company and your squad that is generally inseparable. any veteran that served years, 40 years later, they always resite to me the most meaningful time was in wh they were that infantry squad. so literally in an outpost as small as this, they might have had 12 soldiers. they rely every man to do their watch. critical situation for him to walk off the post. that's why there's so many levels of betrayal felt by these soldiers because it's so obvious what his actions potentially constituted, which is desertion. >> e he clearly sought out service in the military. i read that account in "rolling

stone." he sought out trying to get into the french foreign legion. so clearly he wanted to have some form of military service. the administration say thas saw a window of opportunity in their negotiations and they had to stake it it. they say they were concerned about his health and his safety. it's not exactly clear what that means. we have been told he's in stable condition. you managed more than 400 kidnappings. does that explanation ring true to you? >> listen, a hostage life is always at risk, but to say he was -- we can't speculate that he had some heart condition or some disease. every single case when we analyze the videos of the hostage, the proof of life videos, we would denote the age, weight loss, and a number of things to give us indications. but that's used in every case.

because the timing of this just seems -- why would you negotiate if they know all this now, this now coming out, the facts which the government had to know the charges of e desertion were going to come up. they had to expect this fallout. and then the fact that five taliban commanders that u.s. pulled out of afghanistan, we're going to let these guys back on the battlefield. it baffles me that it was a health issue that forced them to play the hand at the time that they did. >> it's good to have you on again. thank you, guys, very much. dan has written an kplept piece for cnn.com. set your dvr to watch "360" whenever you want. more breaking news, how freeing bergdahl happened. also the history of americans taken prisoner and how we have gotten them back. nice. wrench? what? aflac!

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we have more breaking news tonight. the headline white house overroad internal rejections to prisoner release. joining me on the phone is mossimo. who have you learned about the release? >> these five have been in place for quite some time. they were rolled up early on at guantanamo bay. since then the taliban have been trying o get them released. initially there was heavy debate in the administration over whether they could be released as sort of confidence-building measures in early attempts to start peace negotiations with

taliban. when those discussions took place in the first term, there was very heated debate in the administration and exchange of secret and top secret intelligence about these guys and those opposed to releasing the five in the defense department won the argument against released them at that time. when the issue came up again, the white house took the whole thing in hand and overrode those earlier objections. >> let me highlight what you just said. i was just reading the article. early on in the obama administration, they did a top down review of all the detainees. they look at the five and determined based on rulings of the people in the intelligence communities that these five who have now been released were too dangerous to be released as they had been under the bush

administration. when obama first came in, he organized the justice led interagency review of all 240 detainees then at guantanamo bay. since that review was done, another 82 have been released, but those 5 were found out and repeatedly throughout the obama administration in contentious deals, they were found to be too dangerous to be released. >> so the final release of them which has occurred for bergdahl, that's a matter of the white house and state department according to your reporting overriding intelligence officials in the pentagon? >> that's right. what happens is when the possibility of getting bergdahl reemerges in recent weeks after the taliban reaches out to the mediators in the talks all

along, the administration then convenes senior leadership of obama's national security team, including the head of the pentagon and head of the intelligence community. the head of the intelligence community said he was resistant to the idea of releasing them but was brought around. the pentagon said he supports the release. so it's really the people who had engaged in the debate before these two guys came into this small group of discussion in the end. >> okay. mass nating reporting. thanks so much. more now on the politics of the whole affair with david gergen. what do you make of this report that the white house overrode concerns of some of the pentagon within the intelligence community releasing guys who early on the obama administration determined were too dangerous to release? >> i'm not surprised there was real tension over that issue. what is surprising is that for a

long time the view that they were too dangerous to release prevailed. in order to get bergdahl back, the white house apparently overrode that resistance. that is surprising. i think it adds additional questions about the way the white house has treated this as a public matter since the celebratory way it's treated it. >> do you think the white house -- let's talk about that. they had the rose garden ceremony. do you think they would have had the er ceremony with bergdahl ease's parents had they known about the backlash or had they anticipated that backlash this is receiving? >> it's clear they did not anticipate this backlash. they misjudged what was going to come. i think you go to the fundamental point whether they should have sought bergdahl to get him back. we do make a pledge that we will never leave you behind. e we will always seek you out. if you have done something wrong, we will make a subsequent

decision. but knowing that he deliberately walked off as their own internal investigations found in 2009, knowing that there was all this resistance about releasing these five because they were too dangerous to be released, i find it bizarre that they would have a white house celebration, in effect, about the safe return of bergdahl. one would have assumed they would have done this very quietly in a somber way saying we had to make some tough decisions. . we did what we thought was right. now we have to move on to the next issue and that is what really happened. how should we treat it? instead of saying on public television that he served with honor and distinction, i'm sorry? how many soldiers can you tell that to with a straight face? >> to say that, that was a

mistake. >> i don't know, somehow the talking points got jumbled up again. it was an un. fortunate mistake. i'm sure she didn't mean it the way it came out. but i think the overall -- the white house needs to sort of stop treating this like, wow, look what we did. this is a very hard set of decisions that come before a commander-in-chief. they are not easy calls. and a day gone by, general patton would have ordered this matter shut. we do live by different times. i think they went through a sensible and a very honorable search for what the right answers were and i think the military and the white house came up with the right answer and that is we need to go get him if we can. having done that, i just think they would have been -- tasteless to then celebrate given the surrounding

circumstances. >> interesting. david, we heard that a lot from a lot of former service members. thank you very much. other prisoner swaps the u.s. made over the years, this is far from the first one. we're going to take a look at those in the past. also severe weather pound ing the midwest. we'll get a live update from chad myers. it's time to get a hotel. hey, razor. check this out. we can save big with priceline express deals. hey you know what man, these guys aint no dragons. they're cool. these deals are legit. yeah, we're cool. she's cool. we're cool. you know that dream... on my count. the one where you step up and save the day?

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david gergen did not think the white house anticipated the backlash. ever since the news broke, it seems the administration has been a defensive crowd. i spoke to jay carney earlier.

>> sergeant bergdahl was held by a group your administration declared a foreign terrorist organization as recently as 2012. in reality, can it be said that you were negotiating with terrorists? >> anderson, sergeant bergdahl was held as a prisoner in an armed conflict, one that's been going on for more than a dozen years, has a general principle of going back all the way to our founding the united states military does not leave its men and women in uniform behind when they are held by the enemy in captivity. in this situation as has been the case for the previous five years, we were doing everything we could and looking at every option possible to recover sergeant bergdahl. he is the lone captive remaining from either the iraq or afghanistan war. you pointed out in your question accurately that we had been engaged in direct talks with the

taliban on broader issues including sergeant bergdahl but also exploring afghan-led reconciliation talks. those broke down in 2012. in this case, we were able to negotiate his release and the transfer of these guantanamo bay detainees. >> i understand the imperative of not leaving anyone behind, but at the same time, can it still be said that the united states does not negotiate with terrorists. >> it can be, anderson, because when you put on the uniform for the united states and you go and fight on behalf of your country in a foreign land at war and you're taken captive by the enemy, the principle that we don't leave our men and women behind doesn't have an asterisk attached to it depending on who is holding you. the principle is what we pursued

here. >> so even if it was al qaeda there would be negotiations? >> but that's not the case here, what i'm saying is he was a prisoner in an armed conflict and we were engaged in an effort for five years to try to recover him. as i think an admiral said on tv today, i notice he said when one of your shipmates goes overboard, you go get him. you don't ask whether he jumped or was pushed or fell. you get him first and find out. >> see more of the interview on our website. more now on the historical precedent for this. randi kay goes back to the beginning. >> reporter: prisoner swaps in america are as old as the country itself. think back to the revolutionary war when president washington exchanged enemy prisoners for americans. this letter from the national archives written by washington

himself lays out the terms of one such exchange. president madison swapped prisoners too during the war of 1812, trading the enemy for american military personnel. abraham lincoln traded enemy fighters for american soldiers. fast forward to 1962 and francis gary powers was released by russia in exchange for a convicted soviet spy. powers plane was downed in 1960 during a flight over moscow. the two were exchanged in the middle of a bridge between east germany and west germany. powers' family was informed just five minutes before the white house announced it. in march 1991 at the end of the first gulf war iraq accepted the terms of a cease fire. that led to an exchange of p.o.w.s, including 35 americans, which were freed and.

as many as 20 prisoners from allied forces were handed over too. >> they look happy to be home. >> reporter: in 2010 a spy swap reminiscent of the cold war. the united states convincing russia to free father prisoners convicted of spying for the u.s. in exchange for ten russian agents caught spying in this country. in moscow then russian president signed a decree pardoning the russians accused of the alleged contact. the well choreographed transfer took place on the tarmac in austria. >> the united states pled guilty to acting as agents of russia without registering with our government and we essentially orchestrated a swap. >> reporter: but what about an ongoing conflict when a u.s. soldier is being held by a designated terrorist organization? on that score, there does not seem to be any precedent.

cnn, new york. >> they are the ones who held bowe bergdahl. two views of the latest deal and whether president obama broke the law. joining us is senior research scholar eugene fidel and jeffrey toobin. >> you think the president broke the law by not notifying congress? >> no question. the law couldn't be clearer. you have to inform congress within 30 days of a release from guantanamo and they didn't do t it. >> but the administration was saying it would interfere with the functions assigned by the constitution protecting american lives and american soldiers. >> well, if the president felt that way, he shouldn't have signed the law in the first place. what he tried to do was the same thing president bush tried to do which was finesse the issue

saying i agree with this part of the law. that's not how the law is supposed to work. and i think he's now gotten caught up in the fact that he didn't follow the law and now he has to apologize for it. >> eugene, you disagree. you think his powers as commander-in-chief trumps the statute. >> yes, i do. the constitution gives the president the responsibility of being commander-in-chief of the armed forces. what happened in this case is an exercise of the president's core functions as commander-in-chief and congress cannot bypassing legislation hamstring the president in this way. and let me say, by the way, and i think jeff knows this, i have been quite critical in the past of administrations of both parties who have embraced the idea of the imperial presidency. i do not believe in the imperial presidency. however, i do think there are

things that are core executive functions and negotiating for the release of a member of the armed services on active duty is a core function. and i don't think congress can give him instructions on how to exercise that kind of power on a retail basis. >> why go ahead and sign the law? >> presidents sign all kinds of things that are presented to them in legislation that are hundreds and hundreds of pages long. it has happened repeatedly. presidents have had to swallow deeply. show me a president who will veto a defense appropriation. let's get realistic about how the system works in washington, d.c. it's unrealistic to assume that a president is going to say, i'm sorry, i'm not going to sign the defense appropriation because you've got two or three or four things that could be applied in a way that trenches on my power under the constitution. it's not realistic. you cannot run the kboft on that basis. >> jeff, what about that?

>> the law is the law. eugene makes a very legitimate argument that this is a core presidential function, but then he shouldn't have signed the law. yes, it is true that laws are complicated and have lots of different provisions, but i think this controversy arose precisely because the president tried to sort of have his cake and eat it too, which was sign the law but say he didn't agree with it. and i think the fact that he didn't inform the congress and now is in trouble for it shows that it was actually a pretty good law in the first place. that congress should be informed about these things. frankly, if he had informed congress, they probably wouldn't have done anything about it any way. if this president, of all presidents who really ran for president as someone who was going to restore respect for the constitution, i think he had to make some tough calls and i

think he made the wrong one here. >> it is interesting when you hear candidate obama speaking out against this very same thing. >> let me say that's a wonderful line that appeared in an old english case that some judge had occasion to say all i can say is the matter does not appear to be now as it appeared to me then. senator obama, it's a great line, senator obama, i think, you know, has learned some things since the time he was a senator. things look different from the oval office. now is the time where he has some speedometers he has to exercise as commander-in-chief leading troops into battle. >> there isn't much congress can do. >> there really isn't. it is grounded in the constitution, but it is really more a political matter than a legal matter. the courts have said very clearly they don't want to get in the middle of disputes

between the executive branch and legislative branch and there's no way that congress could sue the president. and yes, of course, you could have an impeachment, but this is not an issue that rises to the level of impeachment. >> jeff toobin, eugene, thank you so much. up next, more breaking news. severe weather pounding nebraska. forecasters say it's going to be a long night ahead for everyone in the path. sglrvelgs plus breaking news in the closest and ugliest senate primary races held today. we'll be right back. we're moving our company to new york state.

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it's been quite a night for breaking news. severe weather pounding the midwest. >> oh, my gosh. that's crazy! oh, my gosh! >> crazy. parts of nebraska seeing hail the size of baseballs big enough to do serious damage. stay inside if you're there. forecasters are warning severe thunderstorms could spawn tornadoes. iowa, missouri also in the storm system's path. chad myers joins us now with the latest. >> just one big storm after another. 55,000 feet tall today. that's 10 miles high in the sky. here's the storms moving across the state of nebraska.

we'll get a little closer and show you one tornado after another. one severe cell after another. and look at the big -- this is the three dimensional scope of the storl. the hail goes up to 50,000 feet high and falls out of the sky. the most dangerous storm right now is around nebraska city, nebraska. that's what it looks like all the way up to 55,000 feet tall. everything you see red there in the storm, that is all hail falling out of the cell. this is still moving across from the northwest to the southeast and drifting farther to the south. i'm a little bit concerned, we talked about omaha and south of des moines, but this could in the overnight hours slip down to st. louis with winds of 80 to 90 miles per hour. and that would be a big town hit by this in the middle of the night. so keep the noaa weather radio on because the hail was intense today.

literally knocking some siding off homes and windows out of the homes, and absolutely smashing cars. the town of blair is completely smashed. even the big windshield that's supposed to stop all that, completely gone. still there, butst so smashed the car is undrivable. >> i also understand there's flash flooding to be concerned with? >> think about a train, one storm after another. omaha had three inches of rain. another couple inches with this one. maybe another half an inch with this one. so one storm after another hitting the same areas, that's where the flooding is coming from. >> incredible to say the hail. a lot more happening tonight. in california the man captured after a five-day fbi manhunt was charged with possession of an illegal device. they found dangerous materials in his home. he faces ten years in prison if

convicted. australian researchers will release audio recordings of an underwater sound that could be connected to the final moments of missing malaysia airlines flight 370. the audio is from underwater listening devices. more legal trouble for donald sterling. a former employee is suing him. she claims they had a romantic relationship for six years and said sterling sexually harassed her and made racist remarks about her children. troubles seem to be mounting for him. we're awaiting results of some of the primary races including the contentious senate primary in mississippi. an update, ahead. [ female announcer ] there's a gap out there.

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polls closed in key primary races across the country. voters casting ballots in eight states. the republican primary m mississippi. the closest and ugliest. six term incumbent and state senator in a dead heat going into the race. mcdaniel is the tea party choice. chief toefrnt joins us from jackson mississippi and gloria

borger is in washington. i know we are waiting on returns as they come in. but this is something that a 36-year incumbent in the state of mississippi is in jeopardy of losing his seat it an upstart tea party-backed candidate. >> it certainly is. and it is neck and neck. they have good reason to be concerned. there's about 40% of the vote that's come in. and right now, thad cochran, has 48.9% and mcdaniel has 48.6%, only about 1100 votes apart. number one, as you said, thad cochran is in a fight for his life. but number two, if neither candidates gets to 50% flesh hold, the law here in mississippi, he requires a run-off. so this won't be over tonight. it's been incredibly nasty, incredibly intense between the two republicans. because of things that have gone on here in mississippi but also because of the national implications of this.

this is sort of the last gasp, this particular election year, for the tea party nationwide. they lost their attempt to topple a senate republican in kentucky. the republican leader in texas. house incumbent in idaho. so this is really, from their perspective, is the best chance to get rid of somebody who has been in the senate for four decades. they poured millions of dollars in here. that's why this has been such an intense race here in mississippi. >> and gloria, turn-out said to be very, very high. as dana said, it does focus attention on the fight inside the republican party. >> oh yeah, it does. and the stakes could not be higher. republicans want to take control of the senate. they need six seats to do it, and they need to keep this seat in republican hands. the establishment believes that thad cochran is the guy who can do that for them. if he is the nominee, that will keep the democrats away, essentially. and they know that because they are assuming cochran will win.

if it turns out to be chris mcdaniel, tea party upstart, they know democrats will pour money into the race. and while you assume that republicans will win, that it is more after race than they would really want. so that's, you know, the establishment is rooting for thad cochran. >> and gloria, we have to ask about the gop primary in iowa. one candidate, went to the top quickly, is the tea party establishment pairing up for her? >> yeah. she is the one that the tea party and establishment joined together. romney and palin supporting the woman there. joni, very interesting candidate, a war veteran. rides a motorcycle. raised on a farm. and did an ad about her major credential which she said is castrating pigs, so she knows how to deal with the pork in

washington. >> quite a campaign. up next, 25 years after a deadly crack down on protesters in tamin square. more on the man who captured that iconic.

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since the crack down in

beijing's teen men square. the official death toll has never been released but human rights groups say hundreds were killed. there were a lot of memorable images from the day. jeff wideman, though, took the iconic one. take a look. >> i was based in bangkok for associated press. they gave me the assignment to document what was going on at tat tienamen square. it was quite interesting until it started heating up on the 3rd of june. crowds were getting pretty rowdy. there was a lot of pushing and shoving going on. i was very scared, the whole time. on the 5th, i came into the ap office with the diplomatic compound and there was a message from new york photos. and it said, we don't want anyone to take any unnecessary

risk, but if someone could please photograph the occupied tiananmen square, we would appreciate it. this is not what i wanted to hear. we drew straws. i drew the short straw. i got to the beijing hotel. the sixth floor had a balcony. when you walked outside, you had a pretty good view down the avenue towards tiananmen square. right on the wall by me was a bullet hole. it was a reminder that these guys could very easily pick me off. i put the load of film in. set the automatic setting. a few minutes later, i hear the familiar sound of tanks coming down the street from tiananmen square. i jumped up, went to the balcony, looked over, i saw it lining up into a really nice, you know, column. so i started to take pictures and then this guy walks out in the middle of the street with shopping bags. and all i could think of is this

guy is going to mess up by composition. and i realized that picture was too far away. so i look back at the bed where i add tele converter. this would double my view. he jumped off the tank so i missed all that sequence. so the picture i have, he is making one final stance on the tank. so i click one, two, three. by the third shot i notice the shutter speed was about a 30th of a second. with an 800 milliliter focal length is basically a nonpicture. it is unfortunately not sharp. fortunately one came out. i never dreamed in a million years that it would take on such a stature as it has. it seems to increase almost to the point of being like a spiritual thing for some people. i find it amazing that after 25 years, a quarter of a century, no one knows who he is. no one knows who his relatives are. and nobody knows who the tank crew is. for me, it was like, you were

just part of something really great, of history happening. >> the story behind the famous photo. that does it for us. see you again at 11:00 p.m. for 360. hope you join us. cnn tonight starts now. >> this is cnn tonight, i'm don lemon. walking off his observation post in the middle of the night in afghanistan and disappears. nearly five years later, his government trades five prisoners to free him from the taliban. that's what we know about bowe bergdahl. was he a desserter? is the deal that freed him a mistake? is it even legal? and what was the white house thinking? that's our big debate tonight. plus the rising gop star who says obama care is as bad as slavery and compares america to nazi germany and dr. ben carson is absolutely serious. he is here tonight. well talk to him