maria: we continue our live coverage of the down german wings fly. tom sullivan in today for stuart. >> chilling details. the copilot elaborately crashed the jet according to investigators. now, the question why? passengers screaming. unveiling, unraveling this chaos because this president has now fled the country. iranian fighters are in control.

your money is being affected. oil is surging. so his gold. that is a flight to safety. we have a lawmaker, judge, veteran and the mother of a fallen soldier that died looking for bo bergdahl. "varney & company" starts right now. ♪ let's check the big board. investors are worried about economic growth. the dow is down 59 right now. taking a look at oil. oil prices higher. up $0.82. gold moving higher with investors, well, they are looking for shelter.

energy stocks leading again today. here are the airline stocks that we are following this morning. all of them going lower with reaction to the plane crash. right now to the latest on the plane crash. authorities have recovered the voice recorders. andres of. to have locked himself into the cockpit. the planes captain can then be heard banging on the door. leah this is not the first time sadly. it looks like this was suicide.

>> that is what the french prosecutors are saying at this point. they do not have the flight data recorder. obviously, the plane was destroyed on impact. the copilot the person inside the cockpit they heard him breathing until the crash happened. you can hear the captain the pilot, outside the door, you can hear him tapping out first. at the end you can hear him banging on the door. the plane was intentionally put into a dissent. >> there are multiple microphones. there is one on the actual microphone on the pilot. they can hear things like flipping switches, changing devices in the cockpit.

that has to be where they are getting this information from. >> a lot of people are talking about the doors that are on these flights now. what they are saying is essentially, the person inside the cop did what have to flip a switch in such a way that nobody could get inside. there are override codes. the person inside can see through a screen or, if financially ap poll who is trying to get in. these prosecutors are saying that somehow inside the cockpit nobody could get in. u.s. airlines have a protocol which is if i am the pilot and i

need to use the restroom, a flight attendant has to come in so there are always two people in the cockpit. >> that is right. i kind of put all my intelligence officers had. at this point what they will really be doing is looking into the background of both of these. what kind of connections does he have. nothing turned up with the association of terrorists. >> always looking seat, did the pilot go to the bar last night. drugs. liquor. this just gets into the intelligence field. they will be trying to figure out -- of course, people who

knew this person said he was a glider pilot. he really loved flying. >> thank you. there is nothing to tie this crash to organized terror. the latest out of the middle east. saudi arabia launching airstrikes. yemen's president fled the country. in iraq, u.s. military forces watching airstrikes against isis fighters. helping soldiers try to take back the city. monica crowley is with us for the hour. people cannot no matter what your political stripes are. it is all in shambles right now.

>> saudi arabia has begun military operations in yemen because yemen is now collapsing. it is becoming a proxy of iran. we know that the saudis are very concerned about nuclear weapons. now you have saudi arabia leading a coalition of 10 others trying to re- stabilizing yemen which is right on the border. >> the southern border is yemen. that is their neighbor. does this sunni versus shia? they are right on top of each other. >> there is a religious

dimension to this. we know the lessons of history. the wheels come off the world. the good guys were treat and we have violent chaos. now we're seeing it happen across the middle east. charged bo bergdahl with desertion and this behavior. related to his disappearance in 2009. he was swapped for five senior taliban and members. three of whom have tried to join the terror group again. congressman scott eyre it is with us from capitol hill. can you explain the decision?

>> it undermines his story. it undermines rice's comments early on saying that this gentleman was a honorable and decent in his actions. the facts we do know is that he left his post. he left his unit in a dangerous position. he left other units at a disadvantage. they had to go out and look for him. this administration hailed to follow the law and failed to notify congress before swapping these prisoners. >> what is the buzz around the water cooler there in congress? again, he was the only soldier that was missing in afghanistan.

were they trying to wrap themselves around the flag and say look at us we went out and got our man and brought him back. get some kudos out of the thing. >> it is hard to second-guess this administration as to what they were ever doing. day, i think wanted to have some sort of win over here. we will break all. fanfare of american public.

the actions of this administration has put all americans and all american forces at a greater risk now that our enemies know we begin to trade hostages. >> congressman thank you. could he face the death penalty? all rise. the judge is coming in next. >> safely reunited with his family to serve the united states with honor and desertion.

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>> let's check the big board. the market down almost 90 points.

one person dead after tornadoes ripped through tulsa oklahoma. you can see tornadoes easter owing homes. look at that. it was dangling from wires and more. on this fifth anniversary of obamacare, our fears are being realized. 6% plan to use those to avoid obamacare's employer mandate. in 22 states drivers or professional licenses. people fall too far behind on

their student debt. >> that is another whole show. you cannot get out of it with bankruptcy. we traded five taliban traders for his freedom. remember when susan rice said this about him? roll the tape. >> we had a prisoner at war whose health had deteriorated. we saw an opportunity and we seized it. i make no apologies for that. >> all rise because judge andrew napolitano is here. the death penalty is not on the

table. >> i do not think that it is. the law permits the government to seek the death penalty. this is in a military context now. the government has alleged that five soldiers lost their lives in the several dozen efforts by the military to find and rescue them. does this guy really visit so much harm on the united states military i his desertion? he is worthy. >> that gets to a point many

times before. >> it looks like a war of fields. legally, it is not a war. congress has not declared war. i think the courts would give congress a little more credence in the military a little bit of wiggle room. this case is very problematic for the president. guess who the first witness will be for the defense if the trial occurs after 2017. former president obama. tenet you celebrate. >> are these open to the public?

>> yes. this will look like a civilian courtroom except for the judge will be wearing a uniform in the jurors will be wearing a uniform. the process is nearly identical. >> look. he was captured. he was in the cage. he was captured. he was beaten. >> the justice department is very interesting. can they call the former commander in chief as a witness. is there some sort of stipulation of power he can make >> i think the trial will take after 2017. they cannot call him now. when he is a civilian, absolutely. sergeant bo bergdahl has arguably the best to dylan terry defense lawyer in the united

states. the flipside of this is the government does not want a trial. >> will this settle? i think it well. a very short period of incarceration. one wonders why the president authorized this prosecution knowing that it is elated glee toxic for him. he does not care. >> the problem is that at least three of the top taliban commanders are now back. >> i cannot say enough good things about her. she also reported that there was no negotiation for bo bergdahl. the taliban said, you want him give us these five. nothing else is negotiable.

>> willingness to negotiate. >> judge. always great. much more on bo bergdahl. juan williams will be coming up. will he defend the swap? i don't know. plus the mother of a soldier killed while looking for bo bergdahl. we will get her take. we will get the soldiers have coming up at 12:30 p.m. today. the german wings copilot crashed the plane on purpose. here is the question, why could the train captain not open the cockpit door? ♪

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>> you are looking at live picture from friends. those are relatives of the plane crash victims are riding near the crash site area, going to be holding a memorial ceremony while they are there but this brings some closer to where

their relatives have passed. and we told you french prosecutors say the copilot locked himself into the cockpit and deliberately crashed the plane. and they protect the pilots from terrorists. >> very hard to breakdown. there have been a series of incidents involving these cockpit boards which makes people question maybe there is a better way to do this. different crashes we know about. in 2005 there was a greek airliner where the cabin lost pressure the pilots has out from lack of oxygen. a flight attendant, the flight attendant had an oxygen bottle and was able to grieve, managed the door system but the plane still crashed. these boards, these locks we have video from the airline from airbus showing how to override the mechanism, the electronic. there's a keyboard a flight

attendant can push the code and get in. someone inside the cockpit can override the electronic device and it becomes impossible to breakdown. >> one of my voice is the pilot and flies the airbus and he puts in the code and if someone knows that code and confined that code. it gives the pilots 10 seconds. they know someone is trying to get in. they can override it and no one will get into. >> from country to airline when a pilot leaves the cockpit is totally different. here in united states the flight attendant goes to the talk that. >> now we know why. adam shapiro, thank you. how is the alps crash affecting airline stocks? let's check in with nicole petallides. nicole: in the wake of the germanwings crash and tragedy.

let's look at these names that is the parent of germanwings down 3% delta united continental, southwest, those are up all of the lows of the day. the u.s. airlines are coming off of the lows of the day. they have the story of the crash in europe coupled with the fact the we have higher oil today but lufthansa is down almost 7%. that is a story we continue to follow. >> nicole petallides on the floor of the stock exchange. question for juan williams. how does president obama deegan his decision to release five high ranking taliban fighters in exchange for a deserter? bowe bergdahl? he has been charged with desertion. >> we do know he left his post, he left his unit in a dangerous position, he left of the units at a disadvantage because they have to look for them.

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centurylink. your link to what's next. >> check the big board 51 points lower where we have been most of the morning and they are worried about economic growth. they can look at a lower again for they 4 in a row of

lower market. oil prices, saudi air strikes in yemen are sending oil prices higher they're up $1.13 above $50 a barrel and gold is moving hire with investors, $7.40 for an ounce of gold. middle east is affecting your money. the situation in yemen is getting much worse. saudi arabia has launched air strikes against the houthi rebels. >> bahrain and the united arab emirates flu strike in yemen along with saudi arabia. this has security in yemen continues to deteriorate. yen and at overthrowing dictator aligned with iran and supporting houthi rebels. the president has fled the southern city of the moon and dennis the national security tell the spokesperson right to quote make u.s. forces are not taking direct military action in yemen in support of this effort

but we are establishing a joint planning cell with saudi arabia to coordinate u.s. military and intelligence support. we strongly urge the houthis to halt immediately destabilizing the negotiations as part of the political dialogue. president obama called yemen a success story and passes post arab spring. now the u.s. has withdrawn special operations forces and its embassy staff in the capital. the white house says he is leading an effective strategy. >> we have been very clear what we think the strategy can be and that strategy even in yemen despite all the challenges that i readily acknowledge exists that we have intense pressure on extremists inside yemen and it has mitigated the threat they pose to the u.s. and west. >> winners is reporting yemen close its major seaports as the fighting continues. back to you. >> absolutely shocking. rich edson in washington, thank you very much. you now have saudis surrounded

by iran north of the border and their proxy in yemen south of the border so the saudis have to pay attention. the military has charged bowe bergdahl with desertion and miss the hagar before the enemy. listen to what judge andrew napolitano said earlier in the program. judge napolitano: i don't think that would bar the use of the death penalty. the courts would give congress a little bit more credence and the military little bit of wiggle room. i don't think they are going to see it. this case is very problematic for the president. >> very problematic is right. the obama administration unapologetic for swapping out five terrorists in exchange for bowe bergdahl. we are not talking just any prisoner of war. >> whose health had deteriorated and we were deeply concerned and we saw an opportunity and we seize it and i make no apologies for that.

>> juan williams is with us. tell me how the president thinks on this. it looked like he was trying to be a hero. it seems like this has absolutely come out and made a mess of things, made him look worse. >> for people who are his critics for republicans who from the start said he should not have made the trade that he was giving up five people who were horrific terrorists and potentially could go back to the battlefield for bowe bergdahl without congressional approval something the congressional oversight and later said is exactly right. he did it without congressional approval. for the critics cite think they are feasting on this but in reality from the white house perspective two things were accomplished. one is they brought an american soldier back home no matter the circumstances. secondly they are trying as you know to end guantanamo bay and

this was part of their effort to have the united states concludes at war effort. >> i get the critics, they're having a heyday with this but you conover dray that too but what about his supporters. how do you defend going around congress releasing five senior taliban terrorists in return for ed deserter? >> clearly the deserter part of your skin and is up to the military which is why there will be a trial. it was up to the military first and foremost to decide whether to bring the charges will be an amazingly dramatic trial here because you can imagine bowe bergdahl, no question that he was held against his will sometimes decades but we will see what the military decides because you can't have american soldiers deserting pulling away from true border and discipline. that is not acceptable. we will see what plays out but

that is for the military to decide is my point to you this morning not for the president. >> will the conservatives be ok with whatever the military tribunal decides? >> i think -- hi monica crowley here. i think conservatives made a strong case that what the president did was done on political and ideological grounds meaning he made a promise in 2008 on the campaign trail to empty guantanamo. he is intent on doing that even as national security jeopardy to the united states. the problem politically now for the president is he has been charged with desertion. we now know five and his fellow soldiers were killed in the line of duty looking for him. and we now know from fox news the three of the five top taliban commanders have reached out to the taliban and having some form gone back to the fight. if we can link the taliban commanders who he released from this deserter are now in the

process of killing american soldiers going after american interests around the world, this president's legacy is going to take a huge hit because of this. >> your point it will be a dramatic trial but the judge earlier i asked him about the you think this will settle and he said yes. may take all the thunder out of it. >> that is likely because i think the military, wants this to go away. the other side of that is the united states military needs to make an example of anybody we have lots of people who deserts the military thousands but typically they are not on the battlefield. that is what makes this very strong. they have an interest here. >> very rare. great to talk to you. thank you very much. >> much more on bowe bergdahl in

the next hour. the mother of a soldier killed while looking for bowe bergdahl and concerned veterans for america, he is never at a loss for words. gives us a soldier's perspective coming up at noon eastern time. up next the of the developing story we're following, the germanwings crash former attendant care force colonel thomas mc inearny, did terrorism play any role? >> if there were something catastrophic you would expect this plane to just drop out of the sky. instead it went into a fairly normal, a little bit more than normal descent. >> did somebody take over the cockpit or is this a suicide by pilate? r of active management. every day, our teams collaborate around the world to actively uncover, discuss and debate investment opportunities.

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nicole: i am nicole petallides stocks are awful blows of the day, dow jones industrial average of 29 points the s&p down 1 points, a loss of a quarter of 1%. the worst of the three, looking at american express, you can also see chevron and mcdonald's, energy stocks started the day in the green turned into the red. proctor and gamble under pressure. continuing to watch airlines closely on the heels of all the news from the tragedy of the

germanwings crash. delta airlines is down 1/2%, up off of the lows of the day. look at lulu lemon. coming under pressure after a weak outlook but the company is reassuring investors that the problems it is facing a temporary and with that stocks turn and jump up 7.5%. more "varney and company" coming up.

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states quickly approaching. mitch mcconnell said if there is the deal he will bring forth a bill. with all this going on. and we don't know what they're negotiating again. >> the national security ally in the middle east israel on the front lines of any catastrophic deal. they know the details are catastrophic. all the negotiations behind closed doors and reported this week any deal through the state department no one will see it including members of congress until signed sealed and delivered. that is not how an open republic should and must operate,

transparency, accountability, all these things that a critical to national security. >> the bottom line, iran is going to do with iran is going to do. >> absolutely. that is a critical point everyone is overlooking. last time we did this go around was with north korea. we lifted the sanctions, went through this whole share raid, the north korean regime didn't care that its people were starving, didn't care about the sanctions, they were acquiring a nuclear weapon. it is the same thing on steroids with tehran. they have been after the nuclear fuel cycle for decades. nothing and no one is going to be able -- >> it is very interesting but i don't think it is worth the paper is written on. >> their intent on getting the weapon because they wanted lease dominance. they want to deliver a nuclear weapon to the west. >> i think they will get it. back to the plane crash in the french alps. it appears the co-pilot the captain was locked out of the

cockpit. bizarre story. prosecutors saying he intentionally crashed the plane. the fbi aiding in the investigation. lisa keep real, former navy pilot joined earlier, listen to this. >> what they are saying is the co-pilot, the person in the cockpit they heard him breeding until the crash happened. there was no response. what you hear is the captain the pilot outside the door, a year him tapping on the door because he won't one to alert passengers and terrify the man that the end he's been on the door. they are using that evidence along with the fact the plane had to have been intentionally put on at the center. >> former air force lieutenant-general john mcinearnedy. you have been using the word terrorism. how do you find that word in this? >> that is very easy. anytime a person murders 149

people plus himself, that is a terrorist act. the ideology behind it may be different. it may be radical islam in which he becomes a martyr, and goes to paradise and gets 72 virgins or it may be because he is a disgruntled employee or as the white house calls a violent extremist. i do not know yet the ideology but we can focus now on him. and it -- he obviously preplanned it because his web page has been cleaned up and a number of other things and he didn't know when the pilot was going to go out but we need to take a deep dive into this man's personal life. >> the air force i think more than the airlines used a psychological screening when they hire pilots but that seems to be it. the air force seems to be more intent on looking at the

psychological profile of the people who they fly planes. >> absolutely. many -- nuclear alert units underneath my command, and so we take it very seriously. i was surprised to hear that number one, chairmanwings does not have a two man policy. in u.s. airlines you have always got to have two people in the cockpit. nor do they have a deep psychological testing process politically correct or whatever it is i am sure it is going to change very quickly but you can see why it is very important as we understand what really happened, why it is important that you do have the psychological tests. >> your point that you never leave in the u.s. u.s. protocol is never leave one person in the cockpit because this perfect example. it also -- the plain has now been acquitted, a lot of people

were asking how safe is the plane. obviously the plane flew fine. >> correct. the reason we know is because when the pilots put the correct code in the door to go in it was over did in. meeting a human had to override it. the other reason we know it was the co-pilot and it was done intentionally, was the altitude for the descent was sent around 3,000 feet. we have those instrumented records and that is what we would call a high-speed jet penetration in the old days. not too steep. it didn't drop out of the sky. it was normal, 10 degrees nose down. we know those things. the final thing is the pilot didn't get a fly up command. he had to override that because in the airbus if it gets close to the ground it will get a flap command so those three things

clearly tell us the co-pilot deliberately did this. >> very good point very good point. thank you so much for your participation glad youould join us today. let's check the big board because the market is going little recovery work. we were down 100 points earlier down 25. so a little bit of recovery going on. this is day 4. out to seattle seattle businesses say on mandatory $15 minimum wage hike will kill jobs. forces them to raise prices. after the break one of the seattle city council members behind this push to raise the minimum wage. >> we're looking at smaller states, smaller portions higher prices, lower quality specification of product. this will impact the guest experience hugely but in the end the employee is going to be as much as the customer.

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>> seattle is raising their minimum wage city-wide and that is not sitting well with some restaurant owners. joining me now is seattle city council member who spearheaded his $15 minimum wage hike.

may i tell you i am not native, i know your city very well. it is my home town. what led to this movement to move $15 minimum wage? >> the nationwide in command wealth inequality that has happened all around the united states. we have a low-wage economy. most of the workers entering the workforce now are facing low-wage jobs. that is why we need to living wage and why this is where we are headed in seattle and is going nationwide. we are seeing los angeles on the brink of $15 an hour. 800,000 workers. as far as local small-business is and restaurants you are talking about small businesses always find it hard under capitalism because this economy is not made for small businesses

to prosper. is made for multinational corporations but as a matter of fact if you are worried about small businesses you should support a higher wage for the local -- >> i know a lot of small business boners the truth be feel it is their duty, what they want to do they love their employees, the employees make their company work and would love to pay them more, would love to provide more benefits but it doesn't pencil out. as a result they have to close their doors, cut back on hours laid people off not hire 7 people. how do you address that? >> that doomsday scenario you are talking about is usually is a big business fear mongering. in reality if you look at seattle, for small businesses meaning businesses that are defined as employee in lower than 500 employees, they have seven years to go to $15 an

hour. to say they can't pay their workers $15 an hour in seven years is not how businesses function. no small business has suffered in 1500 cities we have seen. >> we need longer than a couple minutes but thank you very much. the city of seattle, thank you very much. meantime another hour of varney coming up next. how long have you had your car insurance? i ask because i had mine for over 20 years, before i switched and saved hundreds with the aarp auto insurance program from the hartford. i was with my previous insurance for 30 years. but they could not compete with the hartford. people 50 and over could save hundreds of dollars when they switch. i had done a lot of comparison shopping. the rate was like half of what i was paying. $404 is the average amount folks save when they switch to the aarp auto insurance program from the hartford.

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and they were there when we needed it. and we really appreciate that. [ female announcer ] save $404 on average get lifetime renewability and recovercare. ♪ ♪ or go to gohartfordauto.com today. get this free calculator just for requesting a quote. >> we have seen six years of foreign policy failure from the obama administration coming to an end. look at yemen chaos saudi arabia launching airstrikes, the u.s.-backed president of yemen has fled the country. civil war imminent and the treasure trove of u.s. intelligence has fallen into the wrong hands. one major ally in the region

israel being squeezed out by a president who does not like benjamin netanyahu, to the point where president obama is about to give the iranian mullahs a nuclear bomb. all of this affecting your money. sakai down oil and gold are up. let's not forget bowe bergdahl. his freedom is what for five senior taliban terrorists now charged with desertion. the president says no apologies, national security adviser says bowe bergdahl served with honor and distinction. let that sink in. hour two of "varney and company" gets underway. we get to foreign policy failures in a moment but first the latest on the crash of the germanwings plane. helping french investigators say in the copilot locked himself

inside the cockpit. the captain can be heard on not voice recorder banging on the outside of the door trying to get in. prosecutors say the co-pilot intentionally crashed the plane. lieutenant colonel tom mcturny said this is an act of terrorism. >> anytime a person heard it -- murders 149 people was himself that is a terrorist act. the ideology behind it may be different. >> joining us on the phone is a former commercial pilot. u.s. requires two crew members to be in the cockpit at all times. let's start with that on what is your reaction to the fact that germanwings did not have that, it was critical. >> they may have not had that in the cockpit at the time but that does not mean the german authorities did not require it. these pilots may have broken the rules. >> maybe rules but they may not have followed it in this case? >> very true.

it would be unusual for a lufthansa treatment pilot. they really follow regulations from literally a to z. i would find it extraordinary if this pilot did disobey. i guess i will go along with perhaps the europeans did not require two people to be in the cockpit. >> i presume that will be addressed quickly by all the airlines around the world but this whole business about the psychological profiling of pilots that fly around the country around the world how much do they do? >> not very much at all. going back on my military experience, psychological battery that i took when i went in and another one when i applied for astronaut training and i flew for a german carrier based in munich, i don't recall any psychological batteries, nor any career of any pilot flying in an american airline that could be 40 years i know of no

faa a requirement unless he exhibits problems picked up by his fellow pilots or check pilots or check rides then they might have to institute under the human intervention program to order a psychiatric examination. >> will pilots crossed that line and say i have been flying with joe and joan didn't seem right? >> yes they do. it is the rack principal. it was by eastern airlines many years ago for drug problems or possible abuse of alcohol and accompanied afforded the individual the right to go to a clinic in texas to save his job before the faa stepped in and once you've completed that course the name was well-known and it became known not only for pilots the flight in tendons and management personnel where people would rather on you if they notice you were breaking the rules. >> that is good news, thank you

for your expertise. thank you for joining us. to the market the dow cutting its losses. check the big board call all the way back to-2, we down 100 earlier today. we come off the flows of the session. could turn positive. we will check through this hour. take a look at oil. yemen in chaos sending oil prices higher, above 50, up $1.65. flight to safety goals moving higher in a flight to safety routine we are used to, up $7.20 12:05 with an ounce of gold. let's bring in scott shellady in chicago. how worried are traders about the middle east? >> human is the 39 on a list of 40, 39 biggest producer of oil so it is not a big deal but they are worried about how it could spread. you see the crowded freight on the short side cannibalizing themselves on the way out so we

are a little concerned about it but most of the time these things lower over. i won't get into it here because it all comes down to the economy and it is not good enough to support oil at a higher price. >> what do you mean economy is not good enough, janet yellen things are improving. >> janet yellen after she said that also cut inflation expectations in half downgraded our growth. if we had interest rates today at 2% given all the economic numbers we had over the past five or six weeks you could make an argument to cut rates. this normalization talk about normalization of rates, what is normal to date, we have been here for six years. we are in different worlds here. janet yellen will find it difficult damned if you do, damned if you don't. >> you make a good point. there are young traders that have never seen the normal market. scott shellady in chicago, thank you. staying on the chaos in the middle east we have fresh news

out of yemen. egyptian security and military officials say saudi arabia and egypt will lead a ground operation in yemen against shiite rebels and their allies after a campaign of air strikes to weaken them. we said earlier yemen in chaos and our ally israel being squeezed out an bowe bergdahl being charged with desertion. moments ago speaker john boehner said quote the world is starving for american leadership but america has an anti-war president. wall street journal's dan henninger is fear on this foreign policy, can't help but see what a mess it is. >> monumental mess. it could not get worse. it is big news you just reported, that the saudis supported by the egyptian look like they're going to send ground troops into yemen. the big question becomes what does iran do? iran has been supporting houthis

and groups that were overthrowing the present in yemen. do they step up and try to counter with the saudis and the egyptians? it was impossible to see them pulling back. >> you are describing a middle east powder keg. >> shi'ite/sunni war,es led by the saudis and the egyptians. complete powder keg. where does the united states what should we do, it is almost impossible to follow where the united states is. we were providing intelligence to the saudis as their airstrikes where carried out in yemen. iran went to the security council and condemned. meanwhile in iraq, we are supporting your support to the iraqi army and the iranians trying to retake tikrit. in switzerland negotiating a nuclear deal with the iranians. anyone who can connect the dots

has a bigger mind than i have because this is simply not sustainable. we cannot be supporting the iranians on the nuclear deal when we are trying to theoretically support saudi arabia as they defend yemen. >> it is a total mess. it is fight, but by us not being involved have we created a vacuum where we don't know what is going to happen next? >> we have created a vacuum. many people said that for a long time. let them all kill each other. that is the president's position. these are not normal factions who want to take over a country and pound it into the ground. we are talking islamic state. we are talking al qaeda in the arab peninsula. these are centrifugal forces, they are barbaric forces we have seen that for the last year

and they want to attack the capitals of europe. >> we don't see them on our shores a lot of people say -- we forget charlie hebdo and the attacks on the uss cole. this is the situation that has got to eventually as john boehner said involve american leadership and if we as far for it it looks like for the next two years we will be very hungry. tom: always great to talk to you. fox business has learned that jeb bush has quietly raised millions of dollars for a potential presidential bid. why is wall street setting up and taking notice now? charlie gasparino is all over this story. >> i wouldn't say now. one of the untold stories of jeb bush's probable run for president as well as chris christie's probable run for president, ted cruz is going to run for president, marco rubio probably run for president, of all these players there is one

candidate with an infrastructure, campaign financing infrastructure campaign infrastructure that is really good and that is jeb bush. i will tell you is this. this is usual leaving case. this is why mitt romney has an analyst jeb bush, what i hear from people. when he did his little study about whether to get into this race he looked back and said i can't beat this. he came out said he might run, established is network which is already in place like the clintons 7 network in place and he is likely likely to run the table i think. barring a midwestern governor coming up and seizing some sort of attraction, getting some money i don't know how you beat this type of juggernaut. jeb bush could do something stupid say something dumb. 49% of the people won't vote for me because they are on food stamps or whatever. when you have that, people

forget infrastructure matters. barack obama had an amazing infrastructure and the wall street infrastructures that allowed him to compete early on with hillary clinton. lloyd blankfein. goldman sachs. major many players he was able to turn. >> i am a political expert but i will tell you i have watched democrats and republicans and the person with the best campaign structure is a business. >> you don't think he has a structure? that is what i am saying. is the only one with the. tom: great great news. the mother of a u.s. soldier who was killed when searching for bowe bergdahl. does she think justice will be served?

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no word how many troops or when the ground campaign will start. only that it would start after air strikes have weakened rebels enough's. elizabeth macdonald is joining us. this is a big ratchet up in the middle east. liz: it is putting a premium in the oil trade. they are reporting that by sea, from the red sea and americans see these troops arrive and other nations are involved no troop numbers indicated yet, no indication when the operation will start. only germanwings the air strikes week and the rebels and this is what reports indicate. this is key for the oil market. pushing the rebels into negotiating strategy. that strait by yemen is the fourth most important in the world's. tom: scott shellady was producing they were producing, they have an air ship passage next to them that could make trouble.

liz: he is talking yemen we are talking oil products that go through that strait, the fourth most thais in terms of volume. that is double the cushion for the world. they need that strait to deliver oil to the world. >> do we but oil prices back up again? i am looking at oil prices today and going what do you think? up $1.47. they are not doing handstands. liz: we have not seen geopolitical risk in a while. you could see this going forward into the driving season you could see gas prices going up. that is the word. a isil awaiting what iran's reaction will be here. >> this could be the start of something big, very big. let's get to the bowe bergdahl story. joining us from houston is sandra at andrews this second -- second lt. gary andrews searching for bowe bergdahl. thank you for joining us.

what is your reaction to the charges and would you think will happen from here? >> i was really pleased we were elated to see if they had finally charged him, we are hopeful this is an indicator that justice will be done that they will follow through. helpful that what will happen, you never know the magnitude that the case reaches across, it is political and military influence, there is some distortion in how it is levied. the military will be cautious about going against the president. tom: the think the military will be able to make their decisions without political pressure from the white house?

>> i don't know. i truly don't. i feel like they have the better opportunity at this point when they first send it in to the general at fort hood to review. >> we are so sorry for your loss. one quick question. why do you think the charges were brought? what i your thoughts on that? >> my thoughts are they want to finish this before the campaigning starts for the next election. tom: get this off the table and make it so it goes away. tell me if i'm being too personal but did you talk to your son about what he was doing and did he ever say anything about searching for a deserter? >> yes. darren's birthday was july 3rd and bowe bergdahl disappeared june 30th and we spoke with

baron before his birthday and he never revealed where they were or what they were doing, just said i you searching right now or -- we are just 24/7 looking for this yo-yo that walked off and deserted. he said that is all we are focused on right now. tom: thank you. our deepest sympathies for you and your family. thank you for your senate service. the germanwings copilot alone in a locked cockpit crashing the plane on purpose. could that happen here?

tom: french prosecutors say the copilot locked himself in the cockpit and crashed the airplane deliberately. is brings up all the rules in the f a. anyone talking changes the he >> nancy pelosi, they are moving very slowly. here is what nancy pelosi said. >> this is highly unusual if this is in fact true. if it was a pilot. on the other hand it speaks to

the vulnerability of the cockpit. or how important the security of the cockpit is. a barrier between passengers and the galley. more strategic minds in terms of the safety of the cockpit but i do think that deserves attention again. tom: a lot of attention but not a lot of headlines. since 2010 the faa has issued collins of requirements for the airlines to fix these requirements to fix on thousands of aircraft. 2010 they ordered u.s. airlines to fix electrically operated locking mechanisms on all 747 jumbo jets and directed 2004 the new airbus and boeing, 2000 attendees electronic locking mechanisms which were vulnerable

to electromagnetic interference. a wonder why they tell you to power down your phone now you know. liz: there was no mayday call from this pilot. nothing, just silence. tom: adam shapiro thank you. interesting to see how that bore situation is worked out with the government. up next veteran pete headset, his take on bowe bergdahl's desertion charge, you can bet he is fired up. tonight after strange inheritance and packed with melissa frances. get a behind-the-scenes look at tonight's episode call starting at 9:00 p.m.. >> also had access to the computer. he could have done anything. the relationship had already been there. he knew about my family my dog's names from the tv magazine. it is all written down. i think russia was not that man. he was harmless but there are

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>> we brought this news earlier this hour, egypt and saudi arabia say they are sending ground troops into yemen, that according to the associated press. the pentagon has no knowledge of

this plan which would allow which would follow saudi arabia's airstrikes. check the price of oil, it is up $1.59 over $50 a barrel. gold is moving hire with investors looking for safe harbor up $7.50 up $1,205 and change. the dow jones industrials shedding most of its losses, the dow is down 20 points so we almost got back to break-even. breaking news from the department of justice two men have been arrested for conspiring to support isis. one of them is on member of the army national guard. edmonds is his name, army national guard specialists and he was arrested in chicago before boarding a plane to egypt. that brings us to the bowe bergdahl story. president obama saying last summer he would make no apologies for the swap the free

bowe bergdahl in exchange for five taliban terrorists. here is what juan williams said last hour. roll the tape. >> up to the military there is going to be a trial and he was of to the military first and foremost to decide whether to bring the charges there will be an amazingly dramatic trial here because you can imagine bowe bergdahl's defense no question that he was held against his will, sometimes in a cage. we see what the military -- tom: joining us is pete snyder. i got to tell you, juan williams was talking about the fact that the judges said they might call the president. this might be after the president is out of office and they call the president to testify about why you release these prisoners, why you went after bowe bergdahl to get him. >> i would love to have a tv camera in that deposition. i can't believe this president time and time again tells the american people one thing and the truth turned out to be

something totally different. this is a president who has all horrible record on negotiations. across the table. >> are we expecting anything -- everyone is talking about the iran negotiation but on this particular case it seems like it is just snowballing with one bad foreign policy after another. >> when you have a community organizer with no executive experience whatsoever to be the chief executive what would you expect? tom: is it incompetents or on purpose? >> yes and yes. this is a white house that does not level with the american people is they didn't on been gauzy, they said was a spontaneous protest to a video. they are not doing it with iran. how can you negotiate with the head of a country that says they want death to america in the

middle of negotiations. >> i can hear the conversation. we have one soldier is that is missing in afghanistan, one. why don't we go get him and offer whatever is they want, give them what they want because we will be able to stand up in the rose garden and they look at us, we went and got our soldier and brought him home. >> if you believe that is a good course i want to play poker with you some time. this is a white house that time and time again gives up the form at the drop of a hat. liz: you think we should shut guantanamo? three of the five terrorists who were negotiated in that slop who were released are apparently plugging back into their terror networks. should we shut guantanamo? >> absolutely not. we need to keep guantanamo. we cannot be letting the most brutal killers in the world back out on the battlefield. this is high-stakes foreign-policy negotiations. imagine for business, would you trade your entire company just

to save someone who was actually trying to short your stock? tom: 5 is working for you and you had renegotiate contracts and every contract was a disaster i think by now i would have been fired. >> i think you would as well. susan rice was behind this whole one direction fiasco of yesterday trying to renegotiate that one. litter is full of blaming the white house. tom: pete snyder, thank you very much. back to the breaking news story two men have been arrested for conspiracy to support isis. one of them is a member of the army national guard very troubling. his name is edmonds and he is an army national guard specialists who was arrested in chicago trying to board a plane to egypt. concerned veterans for america joins us surprise pete? >> yes and no. yes because you don't expect members who have worn a uniform

to attempt to join our enemy and commit treason. if he is charged with the evidence they are bringing against him, that is what it would be a treasonous act, attempt to join an enemy we are currently at war with but does it surprise me? unfortunately not. anyone through lone wolf and social media is susceptible to the propaganda of isis for all the wrong reasons. these are the types of loan wills thesis has been trying to motivate in europe and the united states and across the country many of which have flown through turkey or egypt to syria or iraq to join the islamic state. it is an unfortunate new news developments, one of the things that has been going on for awhile. tom: brings up the news story that isis was sending out teams of soldiers in order to target them and kill them and i am wondering if they also have a targeting program for recruitment. >> they most certainly do. one example is minneapolis.

i live in minnesota. there is a large muslim somali community in minneapolis. there have been on line and threw some of the mosques. in-person recruiting efforts. also now it is becoming the islamic state. unfortunately, some radicalized members have become of us for information and others to get over there. these are networks to expand where they can. officials will have to stay vigilant. >> charged with assertion. we had mother of one of the soldiers that was killed. a lot of reaction to the chart of bo bergdahl.

thank you very much. great to see you. up next, cia operative behind the operation. oh you want me to go back to pete. what is your reaction? >> the biggest charge he is facing is not just desertion but to have danger a of other troops. they looked at the facts. they may have taken a little longer than some have hoped. they have charged him with a very serious indictment. >> the desertion is what is interesting. the game seems kind of pain. this behavior.

this is serious. they must have some evidence that he did something with the enemy to give him this charge. >> it can be life in prison. the other charge he is facing a maximum five-year charge. they are clearly implying that direct the or indirectly -- they're now free because of bowe bergdahl. he endangered american troops directly or indirectly. lives were lost in the search. that is on him and his action. it will be interesting to see what more evidence comes out and if he tries to please or if they bring the full weight. for now we will have to go.

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the s&p 500 down three. this consumer discretionary stocks. take a look at some of the names that fall into that group. ford. priceline. all of these names down or than 1% each. we will have the retailers on that as well. then we will take a look at go pro. ready for a stock rebounds. a buy rating on this one. anticipating this to grow going forward. stocks are cut in half over the last six months. doing great today. winnebago down about a weeks profit.

>> higher is. companies sending more winnebago. a cia official that directed bin laden is being removed from him post. david asman is here. >> it is an incredible story. this guy is a legend. he was handed the counterterrorism center.

he did lead the hunt for bin laden. his code name was roger. he was known in the movie zero dark 30 as the wolf. again, we do not have a picture of him. we would not show it to the audience if we had it. citizens were killed as well. the administration did not like that. it is a example of them using these warriors. >> everybody assumes it is because he was involved with wings that were a little too tough for this administration.

he knows who his boss is nt does everything to please obama. the way that they did it was sleazy. they did it through a memo. asked to be that a stance of the new head of the cpc. again, just another reason. you have these warriors. they are used for political purposes. >> i thought you could not fire a federal employee if you tried. >> why would you release by memo? i do not understand not. >> this guy he probably could not be fired. he has dignity.

apparently he does not want to answer to someone who used to be underhand. >> ain't you very much. that to the plane crash. the planes copilot appeared to have locked himself in the cockpit. intentionally crashing the plane. listen to this. >> we do not know yet that ideology. we can focus now on him. he obviously preplanned it. his webpage has been cleaned up and a number of other things. he did not know when the pilot was going to go out. we need to take a deep look into this man's personal life. >> joining me now is jim hall. i know that you and your fellow colleagues are notorious for being cautious.

this answers a lot of questions. >> it that. it is reminiscent of the 1999 terror attacks that occurred. >> as far as psychological profiling of pilots, is there something, is there suggestions from ntsb to try to tighten up on this particular part of aviation? >> first of all there are unanswered questions here. did the procedures of german wing aircraft prevent only one person in the cockpit? we certainly need to have more than one person left in the cop did at any given time. most airlines in the united

states will have a flight attendant. i do not know what the procedures are in europe. >> that this be a management problem? >> well, i think to some extent, may be a problem. is this the copycat of what occurred with the malaysia airline or? what type of screening are we going to need in the future? we certainly do not ever need to just have one person in the flight deck. >> the plane was doing fine, obviously. jim hall thank you. i appreciate you joining us. >> thank you. switching gears.

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>> updating the news out of yemen. egypt and saudi arabia say that they are sending ground troops in yemen. the pentagon says that they have no knowledge of this. ground troops going into yemen. we also broke this news earlier this hour. two men arrested for inspiring isis. arrested in chicago before boarding a plane to egypt. a big news day. in a few hours it will be a big

sports day. are down. i do not understand how you make anyway. when you get something as crazy as march madness when it does not seem to follow any sort of script. >> these games have so many under their belt. it is the beginning of the year when we are still trying to figure out who is good and who is not. this time of the year is the easiest time to make odds. kentucky has not lost a game all year. there is no reason for them not to be. after that, they will probably

be single digits. they are the big dog to be. the easiest side of the bracket is the east. there are some live underdogs in that area. >> the underdogs there are no cinderella's left. certainly, underdogs. >> i do not know what your definition of cinderella would be. these teams are 125-one to win the thing. those are still cinderella's. teams that were not anticipated to go this far. >> that is a good point.

if the underdogs win do you in the casinos lose money on this? >> not necessarily. the customer has that option. therefore, we don't know where our money will end up before the game starts. we really do not know that until the money is in and the game has gone. >> thank you so much. johnny thank you very much. >> you are welcome. >> in the meantime, more "varney & company" coming up after the break. ♪

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>> stuart will be back on monday. in the meantime, let's turn it over to do drugs bolted. deirdre: the plane was brought down by a 28 copilot. the 150 passengers on board realize what was happening only moment before impact. >> i think of it owns only realized that the last moment because on the recording you only hear the screams literally at the last moment of the recording. >> doug is following all of the developing details