everybody. at noon, i will be co-hosting friday, outnumbered, the war on men. go to our website, and now for after-hours, foxbusiness.com/"the independents" lots to discuss. for matt and kmele, i'm kennedy, good night. >> good evening. the sergeas' five years and half the and captivity it may be over but the firestorm over the deal that set him free is only beginning. the army announced it will launch a new review into the circumstances surrounding his capture amid alletions from his comrades in his own unit that he is a deserter and should be brought to a justice for abandoning his post in afghanistan. >> you ask me three days ago i would have said firing squad i have had time to think about it with less

emotional and i think he should be tried as a deserter and court martial of the itc can personally in leavenworth for the remainder of his days. charles: lou: right now bergdahl is in germany where senior defense officials say he is not being questioned about the circumstances of his capture. officials say there are legitimate concerns about his physical and mental health that has deteriorated over the years. while bergdahl may not be talking there is no evidence that betrays the sergeant as a deserter. members of his units say he left behind a note in 2009 saying he was disillusioned with the army and wants to renounces citizenship before he was captured. bergdahl also slipped out without his body armor and weapons while in the midst of paul style territory.

president obama today continued to defend the trade among a terrorist dream team in exchange for bergdahl. >> is there the possibility of some of them trying to return to activities? that is true of all the prisoners released from guantanamo. i would not be doing it if it was contrary to american nationalecurity. lou: i'll take that up with ambassador john bolton. also this is primary day described as many as the last best chance for teapartier republicans to run up a victory against the establishment talking with mike huckabee how that can be done and we will assess of challenges to retain

control of the house and the senate. and i fox news colleagues is out with a brand new book today called special part all about his young son's heart defect and the struggle to support him through three surgeries and seven angioplasties it is a wonderful story of strength and love and survival. is seeking to reassure the european allies and to approve $1 billion to boost in europe more on the european trip with the release of the taliban detainee joined by u.s. ambassador to the united nations and fox news contributor john bolton. great to have you with us.

it is qckly a wildfire that does the same in where it leaves the president. >> the deal was a big mistake. this may sound cold buffer any prisoner not just military or foreign service officer american berndt business officer to get them back which is a national priority it is not worth any coster 1,000 people dying. and not worth turning over five high-level taliban terrace. even if ultimately decided that bergdahl or a soldier in complete good standing what you add to the equation is the information available so far it is not simply bad

for american national security it is inexplicable how the president could have reprov as. lou: there is so much about afghanistan of loans the continued survival of mohammad omar with the leader of the taliban his very survival through 13 years of war speaks volumes about who the victors are in afghanistan. >> i think what we will see in short order is one of the worst aspects that the taliban will pay any price this is a loose end. he will try to withdraw all american forces will be for the target dates to 2016 and

by fierce sadly it will be a matter of time that the taliban will come back to power which means all of the sacrifice the fighting men and women have made will be in vain. it will be a national tragedy. charles: and could be a terrorist if they are reunited with ad hominem attacks against the united states even a possibility that he is acknowledged. >> as if this is even criminal. lou: i would like to understand better what we would do with those five taliban terrorists? detail them? perpetuity? >> for as long as the

struggle goes on. they're not just hanging around by accident. and that is part of the taliban as the president likes to refer to them so there is no doubt i think they are in touch with the of leadership along suborder i am sure there debriefed with chemo and already back in the struggle. lou: what to make of the week association? who was also at west point as he was much criticized foreign policy speech? >> as they say on facebook there relationship is complicated. we have the fleets base

their but no doubt they support radical forces in syria against the of the saudi regime dealing with the taliban as a matter of insurance against terrorist attacks against them and they in advance their own interest to protect themselves while taking obama to the cleaners with that is not too hard tear do. lou: as we wrap up as they say on facebook, four give me that illusion completely eluded the. >> is about relationships if you are married or single it is complicated. >> i will defer to your social media expertise as always. think you for being with us obamacare reported the 2.

9 million americans that is how many signed up for medicaid coverage and almost 3 million still have not had the applications processed? that's according to roll call that have been waiting since last fall would have gotten nowhere because of technological issues with healthcare.gov or perhaps bureaucratic red tape. we will be right back. >> a critical day is the party is to take control of the senate with eight states holding primaries we're joined by fox news host mike huck

lou: seattle city johnson and generously approved an increase of the minimum wage that's right it has one, the highest in the country, $15 an hour that makes it the highest in the nation by far. the state of washington already has the highest state minimuwage at $9 the dissent's. -- $9.32. but the race that perhaps the most attention is in mississippi between two republican candidates for the senate. thad cochran, and challenger christmas dinner in a dead heat that shows me daniel up 46 / 44% that is within the three-point margin of error

it has been led by attack ads even with the rest of the top teapartier official but in iowa the republican headed to the primary as the presumed front-runner ahead of businessman marc jacobs up 18 points. also as the iraq war veteran. one commercial highlights castrating hogs and to demonstrate her proficiency with a handgun. her supporters include mitt romney, marco rubio, the chamber of commerce and senate conservatives in the california and an extremely narrow lead over jim donnelly for the california governor's race. he leads donnelly by the 5.margin. kinetic goes into the runoff

with governor jerry brown who is holding a 50% because they have a unique system the top two vote getters have a runoff in the general election. joining us now post of huckabee is governor huckabee. great to have you with us. >> i hear the story about seattle maybe we ought to move their to get our paychecks from seattle. we all might get a pay raise lou: there is something strange about a city council to set the minimum wage for workers in particular fast-food restaurants but that is the seattle way. let them have that but i don't think it will be personal -- a pretty. turning to mississippi but how important is that raises far as your concerned?

>> a pretty important race because of cochrane wins he is the presumptive favorite going into the fall campaign. if the challenger wins then it will be a much more contested race because travis shoulders would have a good chance to say it is wide-open. it is tough to knock out the senate incumbent. they call this between the establishment and panda at the party breviary race between mississippi republicans because the traditional establishment republicans are supporting cochran and the outside groups like freedom marks but teapartier is attractive best. this is about big bucks there has been 4.5 million just from corporate growth

poured into the race. it is not about the money but the manpower this is a race about the outside dollars. lou: a cocker and also is part of the establishment. although alaska and governor sarah palin has supported him along with rick santorum how significant will those be? >> there is the understandable reason you receive them again fault for mcdaniel. they see him as the future the guys who will challenge of a status quo but cochrane has been a guy for the most part takes care of business in mississippi are troubled school bring home the bacon and that is not important to many.

just slaughter the big and forget about the bacon all together so it is the ideological challenge also one of the ugliest campaigns i think in american history and just the issue of people pulling into the nursing home to take pictures of his wife in a nursing home bet? it does not get any worse than that. >> i am surprised the voters on that basis alone did not return him to the senate but i have been wrong many times with political races. the iowa senate race i love her commercials. [laughter] she seems to have created some excitement and now she will win but what is your take? >> i think she is the presumptive favorite and need to get 35 percent to avoid going to a convention

that could blow everything apart. but if she does she is the nominee and a strong candidate. some of the of hard-core activists marc jacobs's another candidate who is very wealthy from iowa moved away then moved back spending his own money, but no doubt ernst war veteran, females, very articulate and charismatic, she is so whole package for a lot of people why you see such a broader array from romney to sarah palin to marco rubio getting behind her. lou: we are out of time. will we see the republican party of finance the chances in november with tonight's results? >> i think the bigger question is if republicans can come together but the fighting behind them we have

to get rid of harry reid in the senate and staged a real takeover in 2016. republicans have to focus on that. getting the economy back on track then we don't have to worry about the future of america. lou: we appreciate it. to a and on fox news channel saturday and sunday night. 8:00 p.m. eastern. with the poll results showed president obama released five islamist terrorist leaders for a of a soldier that apparently abandoned his post? 98 percent said no. vote tonight to believe there is any law president obama feels compelled to obey? compelled to obey. lou dobbs.com. a groundbreaking study finds

the male named hurricanes or those assigned female names are twice as deadly as the males counterparts. looking into this they suspect the reason is people don't consider hurricanes with female names as risky and don't take the same precaution. which is peculiar to me because i would think most people would understand nothing quite as dangerous as -- well, we will continue with that in aoment. jan brewer outrage looking inmates caught in texas then let go in arizona. are there no links this administration will go to show how fast the insurgency

of government is? of government is? my commentary is next.

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lou: coming of the host of special report brett chileans us to talk about his new book the personal story of his heart diseases and mercedes has the latest lawsuits claimi sterling hess and discrimination lawsuit. dues suppose that $2 billion price tag has anything to do with that scandal and all? but first why would be president obama doesn't feel the necessary to visa on difficult issues? doesn't he feels compelled to build a popular consens? the presidency early days of his presidency did follow the path to partner with congress and the senate and move legislation through the legislature to become law.

even follow the laws but that has changed dramatically. to use his power to issue executive orders and action to circumvent congress but mr. obama has entered into phase that not only circumvents congress but the law as well. now truly going alone. last week reported this 60,000 unaccompanied children that were apprehended at the border over the last eight months alone is part of a wave of children principally from central america floodings the southern border doing so in a coordinated fashion and are expected to keep coming over the next month. because obamacare has said they will be given amnesty

and next year the number of children estimated to grow to double to more than 120,000 the president himself in acknowledges there is now a crisis with a reporter calling it a urgent humanitarian situation when it is twice as bad. obama also directed the agencies to coordinate a response asking for 1.$4 billion in extra funding to do with the crisis. all of which is quite remarkable given that obama is contending with a crisis of his own creation. and a disaster is called the influx of unaccompanied children at the border is that straightforward for whoever wants to enter this

country and has raised the level of absurdity even further ordering border control that transported them to other states the arizona to work with its illegal immigrants. calling him a dangerous policy and the republican house leadership only weeks ago was told touche trust the president to pass aof innovn legislation. but who could trust the president? it seems clear with each passing day. don't you think? we will be right back. fox news host shares his family's fight against heart

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. lou: a florida judge used more than a gavel to establish in order his court. brevard county judge john murphy accused of punching a public defender to settle a dispute over the scheduling of a trial date. listen to the courtroom exchange, if you will. >> this is -- >> you know, if i had a rock, i would throw it at you right now. stop [ bleep ] me off. sit down, i'll take care of it. i don't need your help. >> i'm the public defender, i have a right to be here. >> sit down. i said sit down! if you want to fight, go out back and i'll [ bleep ]. lou: and apparently he did. while in a courthouse hallway, off camera, judge murphy allegedly grabbed the lawyer by the collar and proceeded to

deliver blows to his head! which i don't think is funny at all. when the judge returned to the bench, the court broke out in applause. the judge will take a leave of absence and take anger management counseling. joining me now lead attorneys of angelingomez, mercedes coleman, fox news analyst. let's begin with the judge. i didn't know judge have quite that much power in court. what do you think? >> i'm giggling because -- >> this judge needs to be retired or he needs to be removed. that's the bottom line. he just don't have the temperament to be a judge, period. lou: do you agree, mercedes? >> he's human. he's human! this is such an emotional event. did you hear how obnoxious the public defender was. it government the best of him.

he's definitely human, that's why there was such grand applause. what he could have done, i'm going hold you in contempt, say another word, he would vb been carted out there by the court officers. frankly, it was human. a mistake, there are not criminal charges here, he's not removed from the bench, and i think it was the appropriate response given to what he was confronted with. lou: i've got to tell you the truth, i'm glad to see blood flowing through the veins of somebody sitting in a judge's chair. that's very rare. >> it's for the wrong reasons, lou. okay, this is a public defender trying to assert his client's rights. lou: it irks the little fella. >> by law, guess what, this judge is getting paid and part of the pension system so he's doing his job, not to be an advocate and beat up an attorney because attorney is asserting a position he doesn't like. >> he's not asserting a

position, though. yes, he did. he wouldn't get his client to waive the right to a speedy trial. >> i understand that, he expressed it and continued to express it and not screaming at the judge. >> the judge was trying bully him. that's why. he couldn't get his position on the record. lou: again, i'm going to say, i think the public defender, if i may wrap this one up by saying, i think he still irks the little fella in the way he conducted himself there. let's go to the sterling case which gets more and more bizarre. now he's been sued, donald sterling. another alleged exmistress. >> how many does he have? lou: this is a busy fella. he's going run up quite a tab, it looks like here. maya king filing a racial discrimination, sexual lawsuit. she worked for him -- just up to recently, but was apparently

working for him in various capacities previously. what do you make of it? >> these are allegation. viously, we been the history. there was a federal lawsuit settlement where disparaging comments were made against hispanics and blacks, and we have the recordings from v. stiviano that were released. the issue here is these are allegations, she has to prove merits in court. you can't go by what's out in the media. he appears to be like a busy person. lou: very busy person. >> with the employment case, she's going set forth, i was harassed, i was discriminated against, and then it shifts to him. he's going to say no, of course, that didn't happen and shifts back to her, and say it was protection all because i was hispanic. it's going to be shifting back and forth. lou: it looks highly -- everything now would be, i would guess looked at with something of a jaundiced eye, because it looks highly exploitive. whether it is or isn't. that's the part of the

plaintiffs. bergdahl-taliban swap, just to quickly touch on that. the president clearly violated the law, did he not? >> i disagree with you. lou: i formed a question on that, i didn't make an assertion. >> i think that as commander in chief, what have you is an exchange as opposed to detainee release. under the defense authorization bill, he was allowed to do this. lou: do you agree, mercers? >> not at all. bipartisan law for 30 days on the books, whatst urgency of him getting out ought that particular time. congress should have been notified, especially when there is public safety, national public safety at large here. you're going to release five very dangerous murderous terrorists into the public? by the way, there's not going to be anyone looking for their

whereabouts. they're released in qatar. no one is going to know where they are, they are going to disappear into the thin fabric and congress isn't notified. unreal. lou: mercedes, thank you very much, you get the last word, evangelean, you get the last word the next time. thank you. reminder to vote online poll, do you believe there is any law president obama feels compelled to obey, he obeys them all, i'm sure, but compelled to obey. vote at loudobbs.com. a troubling new report calling out the nation's teachers for playing a lot of hooky. the nationwideurvey found one in six of them are chronically absent, missing at least 18 days of school. which means that their classes must be returned for the next year to repeat that school -- i'm kidding. on average, the typical teacher missed 11 days a year, and 18

days missing would create serious problems if they were student, but they're not. the teachers should pay a little more attention to mahatma gandhi, who is the source of our quotation of the evening, live as you were to die tomorrow, learn as if you were to live forever. we're coming right back. he deserted his post, held in captivity for five years, and now free, sergeant bowe

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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 breo.com lou: our word of the evening, an accurate description for the president's weekend deal on five radical islamist terrorists who were exchanged for a p.o.w. captured under highly suspicious circumstances. our word much the evening is

slap dash, an ad verb, haphazard manner, the president perhaps making a slap dash prisoner exchange deal. here to psycho analyze bergdahl's action, dr. gina loudon, we are delighted to have you with us, doctor. let's turn to bergdahl. he is obviously a man who's been in highly stressful situation over the last five years. what do you make of him based on what you know of him? >> i really think that this isn't your typical prisoner of war situation, certainly. this man obviously had some real hostility toward the american government and even the american military before he left. he was certainly at best insensitive to the others in his unit, knowing they might have to risk tir life to come for him. knowing he was deserting them,

and knowing their families could be highly impacted by the very irreverent decision he made to his own platoon. perhaps he suffers from narcissism or worse than that. somebody completely self-obsessed and thinking about his own opinions when he made the decision to walk away that fateful day. lou: what happens to a person who decides suddenly that he no longer cares about the unit he's with, the country in which he's been born and raised? simply, let's go of it all in favor of something that obviously, he's not familiar with, and doesn't understand? >> lou, this is not something they think developed overnight. they're going to talk a lot about stockholm syndrome and those things. the evidence is looking like it's going to unfold that this is something going on in his mind fair long time. i compare that to sergeant tam

ricci who served two tours of duty, you look at the two men and hold them up side-by-side. one is a hero and one looks to be a defector, lou. i don't think the anti-american feelings developed once he was in captivity. it sounded like he was raised with anti-colonialist attitude, and perhaps that's the reason why psychologically this president could so well identify with this son of someone who obviously is hostile toward america. lou: and does -- the president hasn't mentioned a word about sergeant tahmoreesi held in a mexican prison. your thoughts on the distinction between the two, in obama's mind? >> you know, i will say to you, lou, i am very, very concerned

about the mental stability of the president that the point. some of his behavior seems irrational to me. it seems beyond that of just the typical narcissistic, arrogant leader of the big country and i feel tyrannical. it seems to me like this president is demonstrating behavior that is not only anti-american, but irrational and erratic and perhaps not exactly what we might want to deem sane. when you look at the father of bergdahl, standing there and praising allah on our white house lawn. lou: we've got a hardout and i have to jump in here. we're going to come right back.

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. lou: joining me now is the host of "special report" on fox news, author of the brand-new book "special heart." a journey of faith, hope, courage and love, on sale today, joining me, my colleague bret baier, great to have you. >> thanks for having me, lou. lou: what an extraordinary story. the father of a young know what who's had to overcome so many medical challenges. give us a sense of the moment that you learned that he would have to have help on his heart? >> yeah, we had a normal pregnancy. my wife, no problems, and it was -- we were excited to welcome our first child, a boy. and i was psyched about golf trips yet to come. and we went in and amy had a fairly normal labor, and we had this blissful time, about 24

hours where we were in the hospital room and a lot of parents know that, where you're growth know your new addition, and then he started turning a little pale. a nurse noticed it first. they thought it was a bacterial infection. they did some tests. they paged a cardiologist to come. in fortunately a great cardiologist was nearby. he came in and gave the devastating news he had at least four, probably five serious congenital heart defects and if he didn't have complex surgery within a few days, he'd die. can you imagine going from the highest of highs to the lowest of lows in a matter of minutes and a nuclear bomb of emotion. and so that was the beginning of our journey. and three open heart surgeries and seven angioplasties later. he is fantastic, tallest kid in his class.

lot of energy. i joked with the surgeon, maybe he could have turned it down a hair, but he's doing great. lou: the relationship between you and your wife, you married quite a lady, because you both are standing there, you make it very clear, shoulder to shoulder. >> when she was up, i was down, when i was up, she was down. we have a moment in the book right ahead of the first surgery where we're at our lowest point and we decided we have to turn this around. it's all about him, and we need to be the parents he needs us to be. lou: i love the fact that you address that issue. talking about what he needs in the way of a father, a mother, and some give into the idea that this is something that really doesn't require much of them. it's more about the devastating emotional moment for them,

rather than what that child needs, and i just want to compliment you. >> thanks. lou: i'm saying that because so many people need to hear? >> that's why i wrote the book, to help people, everybody has a challenge they have to go through. this is how we got through our something. and at the end of every day, i gave my wife a teary high fived and said we're one day closer to getting paul home. that was our mantra. we created this bubble of positivism that we thought was going to help him in the end. we personally relied on faith a lot and leaned on family, but we got through. lou: some great doctors. >> amazing, amazing that they can rework a heart the size of a walnut and move arteries around like angel hair pasta. paul's heart was essentially working the wrong way, pumping

the wrong way and there were five major things wrong with it. and the surgeon reworked it. lou: where is he today and where is the family today? >> he is fantastic. he just had his last open-heart surgery in september. he owns this. he gave essentially a press conference in his kindergarten class about open-heart surgery. brought his cardiologist. in answered questions from the kids and showed them his scar. he's into it. and he realizes that he gets power each time he goes. he's more powerful. he's got more challenges ahead. we have another open-heart surgery in probably five to seven years and more angioplasties, right now he's doing great. lou: wow, thank god and what a great family have you. >> thank you. you know the crazy part, lou, one out of 100 kids has a congenital heart defect. one out of 100.

lou: amazing. >> in the first six months, they have to get something done. that's a stat people don't know. lou: bret, thanks a lot. all the best. >> appreciate it. lou: bret baier, the book, "special heart," indeed. quite a few special hearts in that family. the proceeds go of course to the family's favorite concern and charity right now. and that's pediatric medicine and -- what are some of the groups that you're donateing? >> various nonprofits, every dollar will go to the pediatric research and treatment. there's a ton of stuff going on. lou: bret baier and his family helping and you can too to make sure that stuff keeps going on. time for comments. social media authors receive a copy of my new book "border war." co written with jim born,

asking whether president obama should have released five radical islamist terrorists for sergeant bergdahl. john tweeted us, obama released five terrorists for one deserter. what has he done for a good marine in mexico? frank in new jersey asks, would it be reasonable for americans to be offended by obama's lack of interest and action with a marine in prison in mexico being abused? and richard in indiana e-mailed, lou, today harry reid said he wanted to get all detainees back to home countries. why doesn't he feel the same way about illegal immigrants and send them back? keep your comments coming, e-mail me at lou at loudobbs.com or go to our facebook page or loudobbs.com. that's it for us tonight. thanks for being with us. coming up tomorrow, colonel ralph peters joins us, geraldo rivera and former federal

prosecutor andrew mccarthy with new book, faithfulist execution, the political case for the obama impeachment. thanks for being with us, good thanks for being with us, good news from new york. ♪ yeah, girl ♪ you know, i've been thinking about us ♪ ♪ and, uh, i just can't fight it anymore ♪ ♪ it's bundle time ♪ bundle ♪ mm, feel those savings, baby and that's how a home and auto bundle is made. better he learns it here than on the streets. the miracle of bundling -- now, that's progressive.

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