jer@foxnews.com. that's it for this week's show. thanks to my panel and to all of you for watching. i'm paul gigot. hope to see you right here next week. fox news alert. an end to a five-year-long ordeal. the only american soldier held prisoner in afghanistan finally freed. sergeant bowe bergdahl is now safe in u.s. hands. welcome to "america's news headquarters" i'm eric shawn. >> i'm arthel neville. one soldier told him, quote, we have been looking for you for a long time. jennifer griffin is live at the pentagon with the latest. hi, jennifer. >> reporter: hi, arthel. it was a very emotional scene,

i'm told, on the helicopter when this special operations forces placed bowe bergdahl on the aircraft. it was about 10:30 a.m. eastern time, according to a senior u.s. defense official, bergdahl was a bit disoriented and confused. he took a pen and wrote on a paper plate, writing instead of talking, because it was so loud on board the helicopter. sf, he wrote, meaning special forces. the operator sitting with bergdahl responded loudly over the noise of the rotor blade saying, yes, we have been looking for you for a long time. bergdahl then reportedly broke down crying. according to senior u.s. defense sources, bergdahl was in a weakened state, had lost some weight. but he could walk on his own. he was held by the haqqani faction of the taliban for four years and ten months, believed largely to have been in pakistan, most of that time. he was a sergeant first class. it was in the first months of his first tour to afghanistan that he was taken. the president issued the following statement, quote, today the american people are

pleased that we will be able to welcome home sergeant bowe bergdahl, held captive for nearly five years. on behalf of the american people, i was honored to call his parents to express our joy that they can expect his safe return. mindful of their courage and sacrifice throughout this ordeal. in exchange for his release, the following detainees were transferred to qatari custody at guantanamo bay. according to a defense official, they are mohamed fuzzel, accused of war crimes. the taliban's deputy minister of intelligence. the usair -- u.s. air force c-17 will be transporting those detainees to qatar based on agreed upon necessary terms. these five detainees are being transferred to can qatari custody and will be subject to restricti restriction. they won't be allowed to leave qatar, i'm told, for a year's

time. bergdahl, meanwhile, will see a u.s. medical team at bagram air base and taken to landstuhl, germany, and brought back to the united states, arthel. >> thank you very much, jennifer griffin at the pentagon. eric? >> from our reaction to sergeant bergdahl's release, let's bring in retired navy captain chuck nash, joins us on the telephone. captain, as wonderful and inspiring news as this is, jennifer griffin just pointed out that bergdahl was swapped for five gitmo detainees, one accused of war crimes. is that troubling, or is that just the way these things are done? >> well, i think that's the way these things are done. if you look at countries that value the lives of their service people, probably you'll see that the israelis rank up there very high, as well. and they're willing to trade prisoners just to get the body back of someone. so it is done, and this is, i think, all part and parcel of the process of kind of wrapping things up in afghanistan. and the administration has

finally decided to make the trade, clear those guys out of those -- those five out of gitmo and get bergdahl back, because, as the only prisoner, the only detainee over there in enemy hands to really wrap this up and get out of afghanistan, he would have been the man left behind. and that would have been politically untenable. >> so in a sense, you see the larger picture, after the president's west point speech, announcing there will be no more u.s. troops in afghanistan after 2016. so this is a sense to end the chapter of american involvement completely in afghanistan? >> i think so. i think it was time. we had been trying to work with the qataris to the taliban, and using them as intermediarieinte because we can on one hand say we don't deal with terrorists. and at the same time be negotiating with the haqqani network. so it had to be done through intermediaries and it's not the

first time this kind of thing has happened. >> well, certainly is welcome news. certainly some other questions about that. how it's been done. but he is expected to be back in the united states shortly. captain nash, we thank you so much for your insight today. >> you bet, eric. right now we take a look at who sergeant bowe bergdahl is. he joined the army in june 2008 and was based at ft. richardson, alaska, before deploying to afghanistan. his first deployment, bergdahl spent a very short time in afghanistan before his capture, where he rose to the ranks of sergeant. >> and despite the unknowns about him, where he was, how he was being treated, bowe's parents never seemed to give up hope. here they are nearly one year ago. >> we support you and are eagerly awaiting your return home. i love you, my son, as i have from the first moment i heard of you. >> have faith, do good works, continue to tell the truth.

but above all, have the patience that can only come from god. >> well, that faith and patience that can only come from god has now been rewarded. the parents, of course, say they are joyful and relieved their only son will be coming home, and they say they can't wait to wrap their arms around him once again and certainly that is very understandable. and a fox news alert now. the "new york times" and "wall street journal" announcing an extensive federal insider trading investigation. focusing on some well-timed trades made by three-time masters golf champion, phil mickelson, showing he may have potentially benefited from illegal information from billionai billionaire investor carl icahn. looking into trading with two different stocks from major brands, clorox and dean foods. brian is live.

>> according to the "wall street journal" investigators are looking into whether phil mickelson and billy walters made illegal stock trades based on private tips, nonpublic information, provided by carl icahn about his investments in public companies. the investigation beginning three years ago, authorities specifically looking into suspicious trades in the clorox company. carl icahn bought a 9.1% stake in the clorox company in february 2011. and in july, he made a $10.2 billion bid to buy the company, causing the stock to jump. well, investigators are examining some well-timed highly risky trades of clorox shares made by walters and phil mickelson four days before the bid. the suggestion is, carl icahn tipped them beforehand about his bid. phil mickelson saying today, he's innocent. i have done absolutely nothing wrong. i have cooped wirated with the government in this investigation

and will continue to do so. i wish i could fully discuss this matter, but under this current circumstances, it's just not possible. carl icahn is denying there is an investigation. walters is declining to comment. the high-profile investigation is significant. considering the government's recent successful track record against insider trading, convicting 85 out of 90 people over the last five years. >>. >> but ultimately, you know, one major part of our economy is, you know, access to free markets. and so if certain individuals who are rich and powerful are getting an advantage, you know, that's what the s.e.c. is trying to crack down on. >> investigators are reportedly also looking into trades phil mickelson and walters made in 2012 related to dean foods company, though those trades appear to not have any connection with carl icahn. arthel? >> bryan llenas, thank you very much. and there are some new developments on the benghazi

investigation to tell you about. house oversight committee chairman, republican darrell is issa, now releasing secretary of state john kerry from having to testify about those terror attac attacks. in front of his committee, in advance, of course, of the new special select committee. but issa did get some jabs in on america's top diplomat when he made this action. elizabeth prann has the latest from washington. >> reporter: hi, eric. secretary of state john kerry is no longer required to sit in the hot seat during an upcoming house overseat hearing on benghazi on june 12th. chairman darrell issa announcing that on friday, saying, in part, it's been disappointing to watch a long-serving former senator like secretary kerry, squirm his way to what i'm doing today, releasing him. the move nearly guarantees secretary kerry will testify during the house's new select committee on benghazi. the state department is firing back, a spokeswoman saying the department's officials would continue to cooperate with the

investigation and called issa's statement, quote, mystifying. >> thank you. we've extensively answered questions, we have done more than 50 briefings, provided more than 25,000 documents. >> meanwhile, bits of the former secretary of state, hillary clinton's book "hard choices" are being made public. one chapter, clinton reportedly writes, there is a, quote, regrettable amount of misinformation, speculation and flat-out deceit by some in politics and the media. lawmakers such as senator ron johnson, accused the former secretary of dodging responsibility. >> in this book, apparently she is claiming responsibility, but what is she claiming responsibility for? ramping down the security? is she claiming responsibility for sending ambassador stevens there in the first place? i don't know what she is claiming responsibility for. bottom line, i don't think she is taking responsibility at all. >> senator johnson also says he wants to learn more about where the president was the night of the attacks. eric, back to you. >> thanks. we'll have a lot more on this, analysis and what this all means

on whether or not secretary of state kerry and even hillary clinton will eventually testify before the select committee. we'll be analyzing that more in this hour. arthel? >> eric, coming up, v.a. secretary eric shinseki has stepped down, but republicans say that's not even close to getting things fixed. >> one personnel change cannot be used as an excuse to paper over a systemic problem. our veterans deserve better, we'll hold the president accountable until he makes things right. >> so where do they go from here? we'll talk about it with our political panel.

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veterans' affairs secretary, eric shinseki stepping down, following the massive scandal over the cover-up of scheduling delays at v.a. facilities. an audit cites the failure of v.a. leadership for widespread problems at its hospitals across the country. president obama says the full focus needs to be on fixing the problems, but with the election year, political calculus in washington, could they find comprehensive solutions. guy benson is a fox news contributor and political editor at town hall.com. chuck rocha is a democratic strategist and fellow at the center for national policy.

good to see both of you. >> thanks for having us. >> hi, arthel. >> hi. okay, chuck, i'll start with you on this one. what should be the first thing on the interim secretary or acting secretary, sloan gibson. the first thing on his to do list. >> i think he has to startaddrey one. this has been a systemic problem for a long time. i don't think this is a democratic problem, i don't think this is a republican problem. it's get these veterans the health care they deserve. and i think that it's going to be a political issue in the 2014 elections, whether we like it or not. but if you're asking me what the first thing he should do in office, is start doing a full audit of everything that's happened up until now and find systematically what we can do in each phase to fix it. >> guy, president obama said there needs to be a change in culture. so who leads the charge and how do you begin to infuse new wiring into the v.a., literally, and in terms of mind-set, guy? >> that is such a tough question, arthel. because this is clearly an

agency that has had systemic, endemic problems and in some cases corruption for years. this is just not a turnkey thing you can do and steer the ship in the right direction overnight. it takes -- they really have to almost start at ground zero here. and i think step one is figuring out the extent of the problem. right? we don't know that just yet. we know that it is certainly not isolated. the inspector general came back and said the phoenix situation was not the only case. that's become very, very clear. and nbc news has just reported in the last 24 hours that an internal audit by the v.a. has concluded that nearly two-thirds of v.a. locations and facilities have had some form of wait list manipulation. so before you can even start addressing the problems, you need to figure out exactly what the problem is, who is responsible for it, and how widespread it is, as well. >> and chuck, you know, guy just talked about how this is a systemic problem, and it's going to take a long time to kind of sort through it.

and i ask you, do you feel confident? you've got, what, some 20,000 troops coming home from afghanistan sooner than later. do you feel confident the v.a. will be able to accommodate those who are on the way home? >> so we know that there was a congress that put a war on a credit card. we know that we have a lot of veterans returning home every single year. since shinseki has been in office, there has been 2 million new cases at the v.a. that means that there is going to be more need for doctors, that means that waiting lists have gotten longer. that doesn't mean this is acceptable, but this means that the wait that has been put on the congress to put more funding into the system so we can address these problems and new veterans coming back. and i think that's going to be the key political issue this year, that you're going to see both sides laying blame. >> and guy, i'm giving you the last word on this topic. while, of course, the focus should be on the vets, we're dealing with a government-run agency, chuck just pointed out. and politics do prevail. how might this turn into a political football, if you will, although it shouldn't? and let me just mention too, the president did say, getting back

to what chuck just said in terms of funding, the need for more doctors. the president did say on friday that, yes, in fact, they're going to find a buy to infuse even more money into the v.a. to take care of that very matter. go ahead, guy. >> all right. so on the political front, there are two issues that i think will become sensitive and important. the first one is, is the government a good vehicle for running health care? right? we all agree that veterans deserve health care, they've -- they've, you know, gone out there and fought on our behalf, risked their lives for us. they have deserved -- they have earned this. and yet we have a government-run system that is absolutely failing them, and i think it's sort of a lesson learned, perhaps, or a lesson -- teachable opportunity, as the president likes to say, for us to really think through whether the government ought to have more control over the health care system, and to the point about more funding, i don't think that that's really the problem here. the v.a.'s budget has nearly tripled since the year 2000, it has outpaced the new v.a.

patients coming in. and also medical costs inflation. so throwing more problems -- excuse me. throwing more money at this problem is not going to be the solution. >> okay. we'll keep an eye on it, guy benson, chuck rocha, thanks to both of you and your thoughts. >> thank you. >> take care. arthel, we'll have a lot more on the release by coming up, we'll take a look at religion and the military as our own todd starns will be here, addressing it in his new book. you don't want to miss it. okay, listen up! i'm re-workin' the menu. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. eating healthier,tion by [ bottle ] ensure®. drinking plenty of water, but still not getting relief?

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the v.a. scandal has

revealed how the government has let down some of our veterans but a new book raises concerns about the military and religious liberties. god bless america by todd starns our colleague here and joins us. this is the book right here. god bless america and you have a chapter in which you call up the clear and present dangerous and that has to do with religion in the military. >> i document how president obama has declared war on the soldiers. the soldiers underwent diversity seminars that were taught that catholicism and christianitys were to be extremist religiouses like hamas and others. our soldiers are told to hide their faith in christ. one soldier was talked to because he had a bible on his

desk and people were afraid in the military that might offend other soldiers. so he had to remove the bible from his desk. >> do you think these are isolated incidents or there is a broader action? >> i think this is abs -- absolutely widespread. and the v.a. hospitals, last christmas, they refused to accept christmas cards from a grade school because they had the words "merry christmas." and we told about what happened at a v.a. hospital in augusta, and they could not sing christmas carols within an ear shot of the patient. they were given a government approved list of christmas carols. >> what did they do, take got out of that list? >> yes. and just yesterday we tell a story about how the v.a. -- a v.a. hospital in michigan removed or rather put jesus behind a curtain because it might offend people in the hospital chapel, of all places.

>> so the book now is available and out. >> god bless america, available all over the place. >> that is it. todd starns, glod bless america. sounds fascinating. arthel. the last soldier in afghanistan finally freed. what is next for sergeant bow bergda bergdahl. marge: you know, there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious, and an excellent source of fiber to help support regularity. wife: mmmm husband: these are good! marge: the tasty side of fiber. from phillips. and i get a lot in return with ink plus from chase i make a lot of purchases for my business. like 60,000 bonus points when i spent $5,000 in the first 3 months after i opened my account.

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a fox news alert. after nearly five years as a captive of the taliban, army sergeant bowe bergdahl is finally coming home. hello, welcome to a brand new hour inside of "america's news headquarters." i'm argentina. >> i'm eric shawn. the president made the announcement a few hours ago after calling his family to inform him that the long, nearly five year wait, for their son's freedom is finally over. national security correspondent jennifer griffin with the latest at the pentagon. the parents said they had hope and fanl at this time. what is their reaction now? >> reporter: they are not speaking to the press, as you can imagine.

we've just learned that bowe bergdahl is being seen by a medical team at bag ran air base. his parents released this statement. we were so joyful and relieved when president obama called us to give us the news that bowe is coming home. we thank amir kwatar for his efforts and to thank those in the many u.s. governments that never gave up. today we are acstatic. bowe bergdahl will be taken on to germany and then to a military hospital in the united states, eric. >> jennifer, it must have been a complicated negotiation, between us and the taliban and secret too. how did it go down? >> reporter: they've been working on this for some time. according to a senior u.s. defense official, a unit of special operation forces landed in eastern afghanistan with

several dozen special operators. there were 18 armed taliban there. no shots were fired but at about 10:30 a.m. eastern time the transfer took place. bowe bergdahl was confused and i took a pen on a paper plate and writing instead of talking because it was so loud on the helicopter. he wrote "sf" meaning special forces. he responded yes, we've been looking for you for a long time. bowe bergdahl broke down crying. he was in a weakened state but could walk on his own. he was held for four years and 10 months, eric. >> maybe we can publicly see him within a week or so. jennifer griffin with the latest. thank you. for more on this let's turn to pete hegseth the ceo of concerned veterans for america

who joins us now live by the phone. thanks for being with us, peter. >> thanks for having me. >> when you first heard of this, give me your initial thoughts and everything that flooded to your brain at that point. >> it is obviously cause for celebration. the five years in captivity and the ability to be reunited, he is the last and only prison of war in afghanistan. for our generation it means a lot for him to come home. there are a lot of thank yous from chuck hagel to the state department to duncan hungerman who made special issue of this. many went to bat for this. and there is speculation of how he left the base and how it will be tended. we will transfer five prisons from guantanamo bay -- >> and what does that mean in terms of future negotiations with the taliban? >> it creates a lot of new

morale ambiguity, it does. this is not a policy the united states has had in the past and now we very clearly have been willing to trade one of ours for five of theirs. and it creates new incentives for enemies around the world to seek the capture for exchange. i don't like the precedence but in a sense i wish there was another way this could have happened but we are grateful that he's hope. we'll see who -- i believe we know who the taliban members are and some of them with ties to osama bin laden and it makes skin crawl they could go free. >> and president obama spoke on the phone on tuesday and he gave his personal agreement and confirmation this would take place. talk about that conversation and that part of the negotiation? >> well it is a very complex negotiation. obviously you needed an interimmediatyary with these

secret talks. there was con fusion, hagel nominated mike lunkin, navy s.e.a.l., to coordinate that, then you saw an acceleration in the process. the state gopt more engaged. there were things on the table, which as raid and capture, and others named nameless, and the best opportunity was this exchange. there are questions about whether it should have happened and i hate to bring this up but there is ambiguity how he left the base, whether he was awol or deserted and so there is question here at home as far as the military is concerned. >> however the exit took place as you are talking about, wouldn't somebody from the president on down be certain that sergeant bowe bergdahl is

in good standing. >> praise goes to hagel and the president, and i'm not indicting him and i have no inside information but the military will have to review what happened when he left the base and what happened when he was captured and make a decision. hopefully it was just a mistake and he can get back and reintegrate that into his life. put that aside. this is cause for thankfulness, one of my brother in arms in afghanistan is home and soon be with his family. >> pete hague says i would like to leave it there. thank you, sir. in the up coming campaign for the white house, the republican are establishing the leadership conference this weekend in atlanta. a lot of big names are throwing out ideas. and now the party hopes to take control back of the senate and see more of victories at the polls. right now speaking in new orleans, as you can see, winding

up, rick santorum or um from pennsylvania, the former senator from the keystone state. one potential runner and causing controversy and john is live with what they are saying. >> reporter: good afternoon. the big goal here is to get republicans on same page to do what it takes to win elections. there have been a lot of warnings, most of them from established republicans to pick the right candidate. pick somebody who can win and not for the sake of purity and not throw away a victory. but it is clear unit is difficult -- unity is difficult to find to decide who and what the right candidate is. and there were strong words articulated to me for those trying to defeat tea party candidates in the various primaries this spring. >> of course there is a variety of views in the party. i i do think this is a mistake

when you have washington attacking republicans. if washington succeeds in a war against the tea party, harry reid remains in charge. nobody is more excited on the attack of republicans more than harry reid. >> he said the successful candidate is one who stands on principle and choose a clear path for voters to choose. >> and i imagine there is talk about opening the tent and bringing in more people. what are they saying about that? >> reporter: they brought in a little more than 60 million voters in 2012 and they say they need more than that in 2016. they are turning the parties into year-round operations, being a con sfant presence in every state -- constant presence in every state on the union, taking them on mano amana. and rick santorum also said that

the republican party needs to do retargeting. not just focusing on big business but outreach to the blue-collar workers similar to ronald reagan who helped him win two terms. >> that is what our strength is on our message in economics in particular is still toward the corporate boardroom and not toward the people who work for this corporation. and that is what we have to change and show that the policies we are for will directly benefit people's achievement of the american dream. >> reporter: we should point out that santorum has joined in the tea party establishment, throwing his support behind chris mcdaniel. he is from the neighboring state trying to unseat brad cochran there. >> sounds like there is a lot of

good action. >> behind the scenes there in new orleans. new fallout today after the resignation of eric shinseki. the secretary stepping down yesterday following weeks of controversy over officials hiding up cover up as to how long veterans were waiting for treatment. >> reporter: eric shinseki is out but the problem such as long wait times and shady appointment scheduling procedures still remain at more than 40 v.a. medical centers around the country. the president accepted shinseki's resignation yesterday after many lawmakers, republicans and democrats, had called for the v.a. secretary to go. now some of the part's party -- the president's party say he has to continue to push for reforms for veterans health. >> now the president can step

forward because secretary shinseki is no longer there. the buck stops with the president. it is very important. >> reporter: some republicans want to see and hear more from the president on what he intends to do to fix the v.a. system. >> this is all about symbolism, not substance. nothing substantive was done yesterday. it was the symbolic walking of the plank to shinseki walks off. >> reporter: sloan gibson is the new acting secretary until the president names a replacement. gibson is former banker and head of the uso. gibson is a graduate of west point and a former army officer and veterans groups say he has a big task ahead of him. >> coupled with the investigations going on at 42 different v.a. medical centers now systemwide. the beginning now is to address those issues at each individual location. >> reporter: president obama said he has, quote, confidence

in sloan gibson, and the number one priority is getting those priorities fixes. >> thanks, molly. margel, strong language from the secretary of defense aimed at china. secretary chuck hagel accusing china of evoking unrest over parts of the south china sea. in an area that includes the disputed islands owned by japan. well secretary hagel spoke at a conference on internet security in singapore saying china is destabling the south chia sea and said the u.s. will not look the other way as beijing tries to flex its muscles. >> chien has undertaken destabilizing actions asserting its claims in the south china sea. the united states has been clear and consistent. we take no position on competing territorial claims. but we firmly oppose any nation's use of in tim dags,

coercion or the threat of discord in those locations. >> the secretary of defense said the allegations are groundless and just a threat to intimidate them. a woman sentenced to death for refusing to renounce her christian faith. the state department is saying it is, quote, fully engaged in the case and doing everything possible to secure her safe release. 27-year-old miriam ibrahim who is married to a u.s. man, has been imprisoned for a year. last year she gave birth to a baby girl while held behind bars and now being held in a hospital. and president since march in mexico, accused of taking guns into the country after he said he missed a u-turn. we are learning about an attempted prison escape out of fear for his life. we are live in los angeles with

the latest. dominiq dominique, he tried to flee? >> reporter: he did. he was fareful for his -- fearful for his life because of the prison thugs around himself couldn't help themself seeing an american marine. of course there are disdain with the u.s. and the cross border problems. his prison warden had given the fox news to let them interview him but at the last point they turned them down. and it took gretten van susteren who interview him and he had been punch pd and thrown to the ground and he thought they were about to kill him. listen. >> the night i escaped, when they got me on their custody, they striped me of my clothes and then they handcuffed me, my hands to a bed post and my feet

to a bed post. so i was kind of stuck there standing overnight. >> reporter: you can really hear the strain in his voice as he's reliving the ordeal. he said despite telling mexico border officials on the night of march 31st, three months ago, that he had all of his guns and his possession and they could take them and let him go back but there was no way authorities were prepared to put up with that. tammar he'sy saying he is concerned for his family and the treatment getting in mexico and making his ptsd even worse. his prison guards say he could be out in a month. he has a newhearing june 4th, next week. and meanwhile sergeant bowe bergdahl is coming home after five years as a captain of the taliban. stick with us for the latest

updates on his release. and why president obamas two secretaries of state are still in hot water but may not testify any more over the deadly geng azi attacks. the latest on the hunt for answers. and the three time master's champ is speaking out about the insider trading investigation. what phil mickelson is saying in his defense, next. with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes. [male announcer] glucerna... smoking with chantix. for 33 years i chose to keep smoking... ...because it was easier to smoke than it was to quit. along with support, chantix (varenicline) is proven to help people quit smoking. it's a non-nicotine pill. chantix reduced the urge for me to smoke. it actually caught me by surprise. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix.

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time for a quick check of the headlines. golfer phil mickelson saying he's cooperating with the feds while he's been investigated for inside trading along with carl icon and sports vetter billy watt walters. the golfing champ said he did nothing wrong. and joe biden delivering a commencement address at hissal ma'am manhunter, they will end a rapidly changing world with profound dangers and opportunity. and apollo astronauts training in hawaii. they are scooping up soil and riding across volcanic fields on the moon buggy. the aloha state is still used as a training ground for nasa

robots. secretary of state john kerry wouldn't testify before the committee investigating the benghazi terror attack. he was released by darrell issa in replacement of the commit kbri probing that attack. secretary of state hillary clinton suggests in her upcoming book that a lot of the investigations are political and also seems to not want have any part of it any more. sharon is the politics editor for roll call. so you have a new book coming out calling this a political slug fest and we have john kerry not testifying before the committee. do you think they'll raise their right hands and eventually testify. >> i think it is more likely than not. especially in the case of kerry, like you said, darrell issa has released him but that just leaves room for the new committee to subpoena him again

and have him testify. his office and administration said he would eventually do this or he wasn't against it. at first time he was in mexico and the second time he did not meet their request. so i think kerry at one point will probably show up there. hillary clinton is a tbd. >> a tbd. to be determined? >> i think so. on one hand if they subpoena her again and goes up there and gives him an answer in front of a possible presidential bid and to answer every question before she hits the campaign trail as she said in the excerpts for her book on the benghazi chapter have been relieverelieved, she it a political slug fest and doesn't want to do it. >> sefore the house and the senate and not interviewed by the accountability board and you mentioned her new book. let's take a look at an excerpt from the new book in a chapter called benghazi under attack. she says, quote, those who exploit this tragedy over and

over as a political tool minimize the sacrifice of those who served our country. i will not be a part of a political slug fest on the back of dead americans. it is just plain wrong, she writes. those in insist on politicizing this tragedy will have to do so without me. but some could say it is not being politicized, they just want to look at the facts and here the select committee would be the opportunity to give those facts from her view. >> right. and make no mistake, what she's trying to do in her new book coming out next month is set the record straight from her perspective to make sure there are no unanswered questions ahead of a presidential bid and she's putting the words in her own mouth going into detail that she hasn't gone before in regard to the incident. so she's trying to move it out ahelp of the public -- ahead of public before 2017. >> how does she ignore or get

away from a subpoena. >> that is the $64,000 question. she can't ignore a subpoena. if they call her to testify, and they will, she doesn't want to deal with it. she would rather deal with it now rather than later in terms of a presidential contest. >> won't that be an opportunity again for her to get her story out. she is defiant and has taken responsibility. >> she has taken responsibility for it. but i don't necessarily think in that situation, the house select committee on benghazi and thein queries in a camera, any p.r. specialists will tell you that is not the venue for her to get out her side of the story. >> but if she is subpoenaed and doesn't show up, critics will say she's trying to hide something, duck and avoid the hard questions. >> right. exactly. and if she shows up, she can't

take the fifth, like a lois learner. she will be inclined to show up. mostly -- a huge part because it is the politically savvy thing to do. >> the book out june 10th. they say it is -- the chapter is like 34 pages or so so we'll see how this goes. global negotiations lead to a release to an american soldier by the taliban. the committee on the white house's tradeoff to bring sargtd bowe bergdahl home. and shelly sterling looking to make a sweet deal to sell the clippers but her husband is not exactly a silent partner. we'll talk about this legal battle with the nba. h. heartbur. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot.

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of the release of bowe bergdahl. he spent five years as a prisoner of war by the taliban. he has been released in a -- prisoner exchange. they swapped him for five detainees at gitmo. mike huckabee said the administration did do the right thing. >> i'm not one that likes to trade for prisoners, but in this instance i would think that we probably did do the right thing because as we begin to draw down and leave and another administration goes through an election process in afghanistan, i don't know the particulars about who was traded for him, but for his family, i know that it is a welcome piece of news and one that i think america can celebrate that we don't have another p.o.w. out there waiting to be released. >> the sergeant is now safely

back into u.s. hands. and for more on what is said and the latest on the release, turn to huckabee tonight here at 8:00 p.m. on the fox news channel. >> thanks, eric. donald sterling not going out quietly. the l.a. clippers owner filing a $1 billion lawsuit against the nba, accusing both the league and its commissioner of punishing him based on illegally obtained recordings. this is coming a day after his estranged wife shelly agreed to sell the clippers to former microsoft ceo steve ballmer for a whopping $2 billion. so a lot of moving parts to discuss here. let's bring in our legal panel, misty maris, trial attorney and mercedes collen, a fox news legal analyst. good to see you both. and mercedes, i'll start with you. does sterling have a strong legal ground here. >> we know he would bring a lawsuit because he's so -- he said it from the very beginning.

but there are some issues here we have. but i'm going to defend him for a little bit. he's saying, first off, it is the nba that pushed me to do this decision to transfer the property right to mr. sterling. it was owned 50/50 and they are not divorced and property issues between the two of them. and he's turning around and saying, i was forced to do this because the nba made this around terroror ruling based on recordings that were gotten illegally. they were illegal. you need by lateral consent in california. you can't simply record a conversation there. but here you don't have to have consent. so based on this private conversation illegally, maybe someone will say what is the issue, what due process has been given by the nba. >> do you agree, marie?

>> i don't. and because most of the things in this lawsuit have been mooted. by the fact that shelly sterling is owner of the team and that is pursuant to the sterling family trust. it relates to the terms of itself, his mental capacity, it has nothing to do with the lawsu lawsuit. so at this point it is moot. >> do you think shelly has the right to shelly sell the treatment. >> of course. he's been declared incapacitated and so she can sell the team. >> so you think the nba -- go ahead. >> it was taken because of the intense heat from the nba and this is an agreement between the two individuals and that is really at issue, is whether sterling gave his property rights to mrs. sterling voluntarily. he's going to say of course it wasn't voluntary because you

have the nba with the pressure that may take the team away from me. will it win at court? there will be a lot of issues. whether he's mentally incommentent -- incompetent. and how the recordings were ill gotten and was the transfer to shelly sterling for perhaps tax reasons. >> for the issues that mercedes highlighted and being poured ore -- over, do you think the lawsuit will force the sale of the clippers to be put on hold? >> i don't think so. the sale will go through because at this point shelly sterling has the ability to sell the team. she is the owner. whether or not the terms of the trust have been violated, that is not at issue here. shelly sterling, right now, 100% owner has the right to enter

into the contract and sell the team. >> he's going to dispute it because he's going to say she didn't have the right. we have to look at the agreement, what was the transfer of the property. it might be with tax bills of hundreds of millions of due to the capital gains. >> so is there a possibility the sale goes through and donald sterling continues with his lawsuit and finds in the end he did have legal ground and it was proven that he was forced to sell, then what happens then? the team is gone. >> the team is gone. he can look to regain -- not the ownership but whatever financial fallout that happened. he bought the clippers for $10 million and he sells it for $2 billion. >> difficult to show this under the circumstances. >> he'll keep talking, but in terms of the legal road, that

will come to a short end. >> undoubtedly. >> absolutely. >> the two sterlings will still be at each other in a separate lawsuit. he's not going to say i'm crazy. they just have to show some of what he said and some of the recordings of not just his television appearances, when he tries to defend himself and he will still dispute it. >> what is interesting, pursuant to the terms of the sale agreement there has been reported an indemnity clause where the steriles will have to indemnify any lawsuits brought against the nba and it will come out in the sterling family trust. so the lawsuit that donald sterling could in the end be paid by donald sterling. >> i want to switch gears shortly and same topic. say you represent the players. it seems like the players should go back to the drawing board. this team that was the bastard child of the nba is worth $2 billion, it seems i need to

renegotiate my contract and get a lot more. >> great point. they are going to say, hey we're a huge franchise, we're not the $12 million pittsy team you got years ago. and now that he has a lot more cash, we need some. >> and i think they're going to argue it is time for them to get a higher salary. >> we're for the players. >> misty and mercedes, thank you very much to both of you. >> thank you, arthel. arthel, as we've been reporting all afternoon, an american soldier is soon on his way home after being held by the taliban five years. coming up, we'll have the secret of wheeling and dealing that finally freed army sergeant bowe bergdahl. and a suicide bombing in syria, the suicide bomber was believed to be an american. who is he and why did he allegedly do it, and are there

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they close the doors and don't tell the public what is going on. so inspiring and hopeful and great for our country and for bergdahl's family. but what happens behind closed doors when we areuting qatar as an intermediary to negotiate with the taliban. >> let's start off by saying nothing is easy when it comes to trying to negotiate for any type of policy. and while the family here and in the short-term we can be very happy that an american is coming home, it is a terrible

precedent, actually. i'm concerned what this does for future negotiations. clearly we're sending a very strong message to the taliban that we're willing to negotiate and willing to play their game and i think that is really dangerous. it is a dangerous road to travel down. and now we know that behind the closed doors, as you say, there are a lot of negotiations. we use other countries to put ford a lot of different messages that we want out there. and we would rather have those negotiations behind closed doors than trying to encourage a public discussion of all of this stuff. again, this is very difficult. unless you are in the room, it's very hard to understand what is going on. but for the president of the united states to come out and embrace the fact that we're doing a prison swap is not a very good idea. >> why do you think that -- are you talking about the president -- the reagan administration had a policy

where they did not negotiate with terrorist and here five guys from gitmo are on a airplane right now, out of gitmo and including someone who can be tried for war crimes, the director of intelligence for the taliban, and you are talking about high officials that apparently waged war against our country and now have freedom because of the swap? >> i would first encourage everyone who is excited about this prisoner swap to go on the internet and see who the five individuals at gitmo are. because this is a very bad precedent. i understand these are difficult conversations and i understand the president wants to end the fighting in afghanistan but there is a reasonable way to move federal on national security issues. a lot of stuff can be done behind closed doors. i am not saying we should

negligent with terrorists but there are other ways we can bring our men home and put forward a national security policy. this administration has not done that. they were lackluster in security issues. we just had a situation where they re-tweeted and sent out a classified list of individuals inside of afghanistan that were briefing the president. and the white house's response to all of this, eric, was, oh, well someone else gave us the information. so we have a white house that has not been very strategic or thoughtful when it comes to the national security issues and this is yet another feather in that cap. >> in that case tweeting out was a mistake and obviously should never have done that. but let's look at the five guys. here are the five taliban members in gitmo who now have their freedom. what would you do? if you say the taliban said we'll give up boeing and in exchange we want these five

guys. to get him back, what else could you do? >> diplomacy is tough and messy and behind closed doors there are a lot we can do. we can use our allies to send strong messages. you don't have to come out in public and do a big prisoner swap. this negotiation has been wrong from the start. look at wrong negotiations and what they've done in syria. they have been terrible at negotiations. they throw up their hand and they have this attitude of it is either war or ignore. we go to war and put boots on ground or ignore the situation. diplomacy and negotiations are tough. we've had terrible negotiators at the helm for the united states. and i'm saying if you want to get your men and women home who are held by the taliban, there is a lot of work that needs to be done behind the scenes, not from the podium. >> rick rennel, thank you so much for your insight today. >> thanks, eric.

it is an honor he never expected. coming up how one community came together to make sure this world war ii vet received his high school diploma some 60 years after he was shipped off to war. . mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. [ bottle ] ensure®. you've reached the age where you've learned a thing or two. this is the age of knowing what you're made of. so why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain... it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours.

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not so with internet from the phone company. i would email the phone company to inquire as to why they have shortchanged these customers. but that would require wifi. switch to comcast business internet and get two wifi networks included. comcast business built for business. for a look beyond the news, here's our weekly commentary. >> dissonance has solidified itself in the obama from the si. gone is any chance of finding unified purpose, any harmony in this foreign policy, so he talks and talks with default position for handling crises. last week, mr. obama told the graduating class of west point that as eager as they are to take the field, the u.s. must

consult diplomats, allies and international bureaucracies rather than make unilateral military decisions, leading from behind, as they call it. it was hardly even in sin wc the hopes of red-blooded cadets ready to defend their country. under obama's recommendation they must throw away their clips and talk. ironically, even if the president spoke, the thousand marines were steaming to the libyan coast ready to evacuate americans if the dirty fighting among militias threatens our embassy. the president has not been lucky in libya since his role in toppling gadhafgadhafi. overseas, little has been said about the west point speech other than a recurring observation that there was nothing new in the obama doctrine. mr. obama grabbed credit for improvements in burba, but a high-ranking member of the ruling party there replied that

reform in burba is driven by itself without any help from the united states. despite the impact in mideast peace talks, the president barely mentioned israel. the israeli newspaper saw it as symbol of obama's failure. and "pravda," the russian mouthpiece, said it was the same old america leads the world nonsense. countries such as japan went unmentioned. weren't we supposed to be pivoting toward asia? the president threw a bone to the domestic left by insisting that america must strike only when there is near certainty of no civilian casualties. this from a man who chooses the drone targets. we're expected to accept such rhetoric from a president who is insentively uncomfortable with america's strength. he simply cannot or will not come to grips with what is expected from the leader of the free world.

this week mr. obama heads to europe for a meeting with the g-7 nations in brussels. it used to be g-8 until russia bowed out in another test of the president's tim duncan ca ee's . then's's off to normandy beach for the celebration of "d" day. always ready to steal a great moment, he'll once more instruct the country in the act of sacrifice. it will be obama-like. and a story about never give ug hope. a world war ii veteran can add another achievement to his list. he's seched his high school diploma. he is 88 years old charles waters receiving it during an emotional ceremony in florida this week. he was one month away from graduating when he left for boot camp back in 1943. a surprise graduation was orchestrated by a group of community leaders. our congratulations to him.

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welcome to "a healthy you." i'm carol alt. you spend your sumner pigtails because you're afraid of the heat or humidity. or you don't go in the pool because you fear your color may wash out or turn green. we have a hairstylist with tips on keeping your mane looking gorgeous even in the dog days of summer. a few months back we did a segment on canola oil and whether or not it's good for you. our guests came up with more reasons than not as to why you're better off without it. but not everybody was pleased with the outcome. being that