go to your facebook page for our after-hours show. it'll be a great after show. thank you for being here. good night. it on fox business. lou: good evening, obama administration deal to secure release of sank san sergeant bergdahl, may have come at a price too high, and president is being accused by some of breaking the law. in failing to inform congress of his intention to release 5 senior taliban terrorists to secure bergdahl's release, at ththis hour, bergdahl, is recovering at a hospital in germany. where he is said to be in stable condition, u.s. officials say he as lost a lot of weight. but administration decided urgent action was required

saturday to save his life even though he had been held captive ive for 5 years in afghanistan. his release has turned to skepticism, now controversy, obama white house traded 5 high level radical i is islamist te terrorists if exchange for bergdahl. critics argue that president obama broke the law, he did not notify technology, 30 day -- note tie congress 30 days before the release. playing defense again. >> we had been working to secure sergeant bergdahl's release for a long time. prisoner echanges, in armed conflicts are hardly a new

develop. >> it was determined it was necessary and appropriate not to adhere to 30 day notification. requirement because it would have potentially meant that opportunity to get sergeant bergdahl would have been lost. lou: bergdahl's fellow soldiers lash how the saying that bergdahl was captured because he deserted his post, 6 soldiers died looking for him, many now question susan rice a description of bergdahl's service. >> anybody who has been held in those conditions in capacity for 5 years has paid an extraordinary price, he is back it the points, he will be safely reunited with his family, he served the u.s. with honor and distinction. lou: we take that up tonight.

and also president obama launched a new salvo in his administration's war on coal, overreaching environmental protection agency wants coal powered fire plants to cut carbon dioxide emissions by 30%, we will discuss it that critics say will cost a quarter of a million jobs a year. last man to walk on the moon. will join us, and tell us if he ever imagineed we would be relies on russia just to get to low earth orbit, and what we should be doing about it. our first guest said that white house was wrong. not consult with congress about release of taliban terrorists and sergeant bergdahl must be held accountable for his actions, i am joined by general jack keane, also fox news military analyst, general, thank you for being here. your reaction to this sergeant's

release is a result of this trade for 5 senior tra taliban terrorists held in guantanamo bay. >> well, i actually don't have a problem with administration trying to recover sergeant bergdahl given that fact that war is winding down our participation will change next year. but what troubles me, lou, is the -- it is a bad deal. fact these are 5 hard-core taliban, we should have some very tough conditions that are restricting them to house arrest, yes, family, no phones, no internet, no outside visitors. international observers and monitors involveed in this. and sellerly congress -- certainly congressional least and colleg select intelligence committees should have been consulted, i do not buy urgency

after 5 years, they would have forced administration to sharpenf pencil a little bit about the conditions, they probably would have balked. compromise would have been tougher conditions than we got. lou: what tougher conditions would you like to have seen in place as a part of the this deal? what other elements of deal would you like to have seen in place before releasing the 5 senior taliban? >> absolutely no ability to travel outside of qatar until our involvement in the war is over. and restriction to house arrest, no internet, no phone. as i said, they should have international monitors, staying on top of this situation that don't have a stake in this. i think that you know negotiateing with qatar is fine to facilitate this, this is something that normally done, we've done it before, israelis do it and europeans do it but

these conditions are unsatisfactory. lou: what is your impression of sergeant bgdahl's conduct? his fellow soldiers, in his unit, lashing out immediately today. calling him a deserter, saying he walked away from his post. your thoughts? >> well, there is evidence. it is classified but it is out in mead rah to be certain that -- media to be certain this investigations have been conducted on his actions whes we destarted that base, it was a temporary base not a permanent one. facts is he left his weapon behip, hibehind, and his equipms vest, he had no intentions of running that is deserting your post in a combat zone that is what that definition is. and there is testimony to that fact. what is not established is is

his motivation, through debriefings we could find that out, skilled interrogators will determine whether sergeant bergdahl clap rate collaborateeh enemy beyond what snowstormly accepted when -- beyond what is normally accepted when you are in captive tie. if he did desert his post he should lose rank that we promoteed him, to he should receive a bad conduct or dishonorable dischange from military. there is precedent, charles jenkins defected to north korea, deserted his post in 1965, fearing going to war in vietnam, he did not turn up until 2004. he was court-martialed, confineed for 30 days and received a dishonorable dischange, and lost his benefits. i think that the department of defense, is in charge of this particular the army, they have

to get the facts out and hold should shoulder aconnable for his actions. lou: motivation for this administration to move ahead? a rose garden ceremony, you would have thought they thought there was absolutely refer declassified intelligence on the sansarge sarpbg. thesergeant, they could n not be under the impression there would be a brass band strike up over this deal, the announcement of the deal? >> that another mishandling here, seems to be one on top of other that administration is involved, it is seems to be hol politics and rank amateur implement given the fact that department of defense is is a wear of, and national security team, around the president is aware of, makes no sense. i have tremendous empathy and simsympathy for his family, if

there i are exaggerateing, sergeant bergdahl's contribution i can understand that and pain and suffering they have gone through for 5 years, i can understand the town welcoming him home. but, the -- our government, officially, should not have given that kind of recognition when this has to be investigated to his conduct skp- and behavio. lou: thank you general jack keane. >> thank you, lou. lou: for more on rodz radical is last ims we traded -- radical islamists tres we traded for set bergdahl, i am joined by walid phares. 5 senior taliban, how valuable val they to the taliban, and what risk are we taking in releasing them

to surveillance and custody of gat ar? >> well -- qatar? >> this came as result of negotiations as we know for a long time. many years, and through qatar third party. and most likely have refuseed to exchange. they are ones that requested the generals, these are very important commanders for the taliban in my view, if tkwat ar qatar was involved this means there was a political future for these generals in the taliban, this is bigger than just exchangeing warlords for a sergeant this is about the future of afghanistan in my v >> perhaps that is why afghan government expresss outrage at this deal? >> they should. imagine in world war ii we would exchange fore or -- 4 or 5 nazi

generals for the sake of one sergeant, it is always important, our allies would not be happy, taliban commanders under house arrest in qatar, as we know, soldiers in middle east know, they will be in communication with troops on the ground, leading the action with cell phones e-mails or meeting, we have done a strategic defeat for our purpose in afghanistan, but maybe the administration through qatar is talking to the taliban, they said, i'm talking argument of administration this is an exchange of prisoners in a state of war. so what does future of taliban in afghanistan that remains a big question. lou: but as you inmate, some of those questions are answered here. that is that taliban, which we have not declareed to be a ter organization, which is still very much, influential went

afghanistan and departure of united states it seems to will be unopposeed by the government of afghanistan? is this incorrect? >> whether we send a message like this, we say we're going to release those generals and we'll be allowing qatar to negotiate what would that mean? people understand, expert understand this is talking to the taliban, we thrust you, we're going to bring this issue in front of public opinion, next most likely they will now we can talk to taliban to prepare our withdrawal from afghanistan. lou: dr. walid phares thank you. >> thank you. lou: we're welcoming right back, stay with us -- we're coming right back, stay with us more ahead. >> white house calling for strict new epa regulations, saying it the create new industrys and new jobs, critics saying it cost hundreds of billions of dollars,er ache payne and -- erika payne

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which is easy. only at a sleep number store, mattresses with sleepiq start at just $999.98 because everyone deserves a great night's sleep. know better sleep with sleep number. lou: the obama administration today took aim at coal industry again. mandating a 30% cut in carbon emissions as fossil fuel burning powerplants by 2030, epa administrator jeana mccarty said that have piece was moral obligation. >> now climate change is calling our number. and right on que, same critics will plant manufactureed facts and scare tactics, standing in the way of our right to being clean air to keep our community safe and meet our moral obligation as stew wards of our natural resources.

lou: joining us now discuss this scare tactics, moral obligations and the faxes -- facts, steve malou and erika payne. let's start with jeana mccarty, she just jumped right into that global change thing, didn't she mean global warming? >> i think she men that our climate is in peril. coal plants put off about 30% of climate pollution. so let's do something about it. lou: what% o p*rs do the percent for. >> a smaller fraction but somebody has to lead. lou: i would say this is true, steve? someone has to lead? >> no, sir, epa admitted today there is no global warming, it mamay take hundreds of years to

see it. that is a hypothesis. >> they will raise electricity rates hurt electricity, has nothing to do with environment, public health or climate this is political hardball by administration. >> we'll take that one with a grain of salt. >> i can show you the document, they don't talk about rising temperatures at all. lou: on this issue, both of you. >> one of the worst violateing ko*elg companieingcoal companysd steve. >> if i may. >> excuse me. hole it. wait, wait, erica. >> are you defending epa or attacking you. lou: can i say our audience does not have patience nor do i to talk over each other in an ill

mannered way you be on va skate what you are saying you are hear with a political view and an agenda, everyone watching and listening to you understands that this is a waste of our time, let's be more protuckive turn to how in the world will epa up hold a rule like that that i is an extension of goverr nancgovernan by fiat. >> it is not a tough rule, they have skain years to come fly with it, they said you have to reduce emissions from 2005, now 2014. they have until 2030. to make it happen. most coal plants are already half way there with 16 more years to do it coal industry rolls out arguments about sky is falling, every other minute someone says take a hole of yourself, you -- hold of yourself, you are pa pollutes

planet. lou: like grown ups, what will coal industry do, steve? >> epal force to us sue. and the rule is illegal, the clean air act said if you regulate epa -- an industry under second 112 you cannot regulate it under 111 d thr-lg be tha will bethat battle, and , at the voting booth. and question for voters will be, do you want your electricity prices to skyrocket like president obama promised. do you want to turn on your air-conditions in summer and cross your fingers whether it will be there, if you are in manufacturing do you want to see your job exported to the china. this rule has nothing to to with global climate or public health, not one premature death, not one case of asthma, that is going to be prevented by this, this is hardball from ball.

lou: erica. 100 billion dollar spend by coal industry, over 3 decade that is ruts in a 90% reduction in emissions are they still emissions that are unacceptable, most people would agree it should be better, but still a amazing reduction, why are we not hearing the epa talk about this industry investing in technology, creating new jobs, and taking down another 90% through innovation. why is there not that kind of tone and positive leadership from this extension of obama administration? >> i think they found from industry, is it just push back and push back, and misinformation and so, they know that -- >> wait a minute erika. >> steve said they will be forced to sue. how about forced to invo nate, take 16 years get your plants in

order with something that will work for the environment. >> can i get in here. lou: you get the last word. >> look, american air is clean and safe, we don't need these rules, these rules 94 producing 99494 are notproducing benefitse they are putting high cover thes on the american consumers. thank you very much let me finish. there will be no benefit to this rule, you know as air has gotten cleaner epa been telling public it is gets worse, you know who should public believe. lou: that is one of the questions, other is who will public put in office. beginning with midterms, steve malou thank you, erica pain thank you. >> thank you. lou: look at our on-line poll results, we ask you whether president obama was leading from behind in pushing v.a. secretary out. 94% yes, question should president obama have released 5

radical islamist terrorist leaders for our soldier, cast your vote. >> mitt romney prevailing in his effort to be a republican kingmaker, so far, 100% of candidates that governor romney has endorsed in primary have won compared to 33% of governor sarah palin's choices. so country may be well, going to decideedledly moreedly mormon if rogue. we'll see, even in bringing hope america's last remaining p.o.w., president obama manages to create anger and outrage. my commentary on president's inability to avoid controversy. straight ahead. we're moving our company to new york state.

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lou: coming up in just moments, the last man to walk on the moon will be joining us. and dr. marc siegel joined his perspective on the care of our veterans are receiving from facilities all of cross-country.

but first, since president obama has shed himself of all the good luck this seems to a company him on his path to the presidency. in its place he has acquired an extraordinary knack for doing the utterly wrong thing in the wrong way at seemingly the worst moment. president obama's taliban prisoner swap to secure the sergeants release is only the latest example. former federal prosecutor in fact says the return of five senior terrorist to the taliban as a high crime and misdemeanor and may be an impeachable offense. his return if not his repatriation has prompted questions that now swirl around the sergeants and if he walked off his post and deserted. partly because three days before his release mailed his parents about his disillusionment with america. he wrote "i'm ashamed to be in

america and the title of u.s. soldiers just a lie of fools. i'm sorry for everything, before that is america is disgusting. one thing is certain, if president obama knows of a higher purpose in all of this, he should explain what happened on the night he disappeared. what we know of the five years with the taliban. the president doe owes that to sergeant and obama has a responsibility to explain his philosophy, his motives and his decision to the american people. anything less it seems to me is insufficient and insufficiency in this administration is no longer acceptable. we are coming right back. the veterans affairs department in disarray racked by scandal the biggest problem affecting health leave veterans affairs is all. the shortage of doctors. dr. marc siegel is next wondering what that is? that, my friends, is everything.

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lou: lawmakers turn their focus to improving care in the va system following the resignation of the va secretary friday. senate and veteran affairs committee chair bernie sanders unveiled legislation to revamp the va including easier access to private health care. for more on how we can better provide medical care to our veterans i'm joined by dr. marc siegel, professor of medicine at nyu medical center. doctor, great to see you. let's start with the system, overall there are some systems that are terrific, some hospitals, across the country this looks like just a disaster. >> let's start with what it is. a form of socialized medicine because the government fears the doctors, it builds the hospitals and hires the nurses.

if you're on a salary, you may not be surprised to know the amount of care is variable. nobody says if you do a better job, we will pay you more. it is not so. i am here to tell you the care is variable. for heroes and plenty of slackers. the matter what is being said, this system cannot be fixed easily. lou: people taking care of our veterans have been doing an amazing job, particularly the burn units across the country. head trauma, just extraordinary jobs. the fact we have spent so much money and apparently moved so little of that in the form of care to our veterans is inexcusable yet we have known there is a problem since the

transition certainly from bush to obama. why isn't anybody standing up and saying it's got to get fixed now? we're hearing the usual nonsense, doesn't sound like real reform. >> he already hit on one of the points, it is a variable. there is some great doctors and great care, but other areas there isn't. it works really well when they are affiliated with university hospitals. sometimes the same doctors are also doing it in the va. some of the top medical centers have research going on a very high nature at the va. it can't be fixed overnight. it will cost hundreds of billions of dollars to totally revamp the system. the other thing is i have been looking into this last couple of weeks and i don't think the va has enough focus on emergency care.

they say waiting times for emergency care at least twice as long as other hospitals in the united states. in great britain the other form of socialized medicine i would compare this to his great britain. very long waiting lines. lou: what about the number of doctors? we are looking at the prospect not because of obamacare 130,000 doctors. over the next decade and a half. your thoughts about the numbers of doctors? >> most are primary care specialist. another government survey that says most of the doctors that are there, primary care doctors are seeing over 2000 patients in their panel of patients. that is too much.

1200 patients report to one specific doctor. that is a lot of work. so this physician shortage, which is a very important problem in the va when we are getting more and more veterans coming in. there's no distinction made between veterans that served in iraq and afghanistan campaigns and those from korea, world war ii, vietnam. i was thinking if you have a war wounded you come back to the united states from iraq or afghanistan and have a war wound or posttraumatic stress or treading brain injury, a top priority. even after discharge. lou: when we have a veteran. >> should be given vouchers for private hospitals, anything. our government has to make it a priority.

lou: thank you. vote in our online poll. should they have terrorist leaders for soldier who it is alleged abandoned his post? tweet your response. a leader of the tea party patriots today filing an ethics complaint against harry reid. over the majorit majority leades frequent attacks over the koch brothers. accusing use of government resources for a campaign. putting aside the ethical issues, isn't it odd a tea party group meant to represent the popular will of ordinary americans is fighting for the interest of two billionaire brothers? are you kidding me? we are coming right back. lou: nasa can't get anyone to be spaced dish without the help of the russians. wwe're joined here

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lou: a record-breaking than wall street again. the dow up 26.5 tab key up 1. both closing new all-time highs. nasdaq dropped five points. light trading again. materials best-performing sector, consumer staples the worst. gold down $2. the 10-year rising 2.53%. the institute for supply management embarrassed today twice having to correct its may index to show manufacturing grew at the fastest pace of the year last month. walmart topped the fortune 500 list. exxon, chevron, berkshire half-life and chevron rounding out the top five. apple unveiling operative system yosemite.

be sure to this into my financial report three times a day for all the business news. legal experts say proving insider-trading case against billionaire investor carl icahn, pro golfer phil mickelson and walters could be difficult. investors looking into if they traded illegally on private information provided by carl icahn about his attempted clorox takeovetake over back in 2011. they both deny any wrongdoing and that they just say this. i've known carl icahn over 30 years. i can tell you that the isn't involved in this deal and i hope phil mickelson isn't. i can't imagine. and i don't know the other fellow. a person who is supposed to be opposed to increasing the powers

of the european union. they don't like the european union. the british prime minister saying they sent a message of last week's election theft the you has become too big, too bossy and to interfere in. possess sound familiar? for more on the surge in europe in which means for our country, the treasur treasurer of the hee foundation margaret thatcher foundation for freedom and former aide. good to have you with us. i haven't seen a lot of coverage of the surge with the establishment would say the scourge, what do you make of it? >> it is great to be here, thank you for having me on the show. we are seeing a significant rise in opposition to what is known in europe as the european project, this idea some sort of

european superstate. i think david cameron's words cap for the views of millions of people in britain, tens of play as a people across europe who are growing sick and tired with the rise in europe. the eu has to come frankly riddled with bureaucracy, riddled with corruption, it is an entity. u: say it, socialism. >> that is right. the european union frankly is beginning to crumble because large numbers of people in europe have had enough of this sort of pictorial style of government emanating from brussels. this group of often issuing dictators to all the european union. there is frankly a fundamental lack of democracy and

accountability in europe and fundament for lack of free market as well. lou: a third of the european parliament now skeptics certainly far more right wing than they were before, here comes tony blair mincing about saying deceiving voters on immigration saying it is dangerous and wrong for political leaders to pander to on pleasant treatises. they still don't get it, do they? >> they don't. tony blair is a political leader who is deeply out of touch with public opinion, opinion polls show around half of registered voters would vote tomorrow to leave the european union. the vast majority of the remaining of voters wish to see the eu fundamentally reformed. tony blair is sort of living in a parallel universe.

some sort of bastard of democracy. what you've seen recently in britain emerging after the largest party in the european election. lou: obviously it is interesting we have seen very little coverage in this country. this has to security establishment here almost as much as it has scared the establishment in the eu. al come back and we will talk about this some more. thank you so much for being with us. now to the weekend box office with "maleficent" casted a spell on moviegoers. beating expectations. imagine that raking in $70 million in the weekend debut. x-men days of futures past held a second place but still raked in th a handful.

vanessa dependency on russia and the last man to walk on the mo moon, with her vo) when i was pregnant... i got more advice than i knew what to do with. what i needed was information i could trust on how to take care of me and my baby. luckily, unitedhealthcare has a simple program that helps moms stay on track with their doctors and get the right care and guidance-before and after the baby is born. simple is good right now. (anncr vo) innovations that work for you. that's health in numbers. unitedhealthcare.

lou: joining me now, an american hero. gene cernan is the last person to have walked on the moon. we will use s words as our quote of the evening. "after apollo 17, america stop looking toward the next horizon. the united states had become a spacefaring nation but screw it away. we have sacrifice space exploration for space

exploitation which is interesting but scarcely missionary. we will come gene cernan. great to have you with us. those are powerful words and i can only imagine it has to break your heart to think our current astronauts have to hitch a ride to guess to the space station. >> we have quite an investment out there. it's more than breaks my heart, it is a ludicrous place to be and i've said it loud and clear before. transforming a nation apparently with space station. i don't have to tell you, americans walking on the moon. we better get a big, strong, tall trampling if we want to get

back to our space station. they hold the holdbacks. lou: as i listened to the kind of insult you are talking about from russian officials, the country used to have so much pride we would have found some damn way to tweak the nose if russia if they made such a comment. now people kind of walk around with he their had about half bod and say you know, we can move on from this. >> five years ago you and i have been in this together for a long time. taking us back to the moon eventually on to mars. we had the finest machine man has ever built and flown with more than half of its life left. and they are gone. five years they are gone. we went to the moon, that is fine. let's look to the future.

the future looks a little bleak. lou: talking about all of those involved in various places across the country. great companies like boeing and lockheed, they were shunned the side and looking at a lot of video about elon musk doing great things of space travel. not about missionary work, where are we going to find it? >> he had given us a mission.

you don't lock a bunch of engineers in a room and go "find something, do something." all we got was talk. we're going to go to the moon someday. okay. let's build a system and get a program, get a goal and muster the brains and enthusiasm and passion of people in this country. i talk to young kids all the time. the passion is there, all we have to do given the same opportunity for you and i had when we were kids growing up with a dream. i dreamed about flying airplanes off aircraft carriers and look at where i ended up. we have to give it back to the kids. it's our responsibility to do that. lou: it's an impressive feat

what we accomplished by any standard. to think of this being 42 years ago since he walked on the moon. if anybody had said to me we would follow you with more heroes from the apollo program, new programs i would have said you are out of your mind, this is just the beginning. it has been anything but. you get the last word. >> i am not the last man to walk on the moon, i'm the last american of apollo to walk on the moon. i have said this long ago, it was just the beginning, the beginning is a longer time coming and i thought it might be. lou: always good to see you. >> thank you, lou. lou: see you soon. time for a few of your comments. this proposed receive.

he had to cover for the biggest liar ever in the white house. new line the resignation to say i am surprised they did not call the press he and the president learned of his resignation at the same time everybody else did, through media reports. and asking about president obama's lead from behind strategy, e-mailing to say leading from behind in those cases is problematic. he may actually be leading, just saying. follow us on twitter. go to our facebook page, links to everything. that is it for us tonight.

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♪ neil: of was trying to think of this all day. you want 30 percent cleaner air. hello up paying 30 percent higher utility bills? that is what this is really coming to. the administration's quest to make for cleaner air by cleaning out your wallet in the process. the energy secretary himself has admitted that you could be killing the goose here. i want to emphasize. he says that the increase in oil has been, again, a great boon to america economically, we are focused on lowering oil into five independent committed said kleine at