>> can you tell i was sucking my gut in in that picture? >> take your shirt off and fax it to us. >> okay, fine. we're out of time. bill: nicely done. stay tuned for that. good morning, everybody, on a monday. controversial prisoner swap to bring you up-to-date on, leading to the homecoming of the last american held in afghanistan. while some cheered the release of sergeant bowe bergdahl, others are asking did we negotiate with terrorists? that is one of many questions on that. hope, you had a great weekend. welcome to a new week on "america's newsroom.." martha: hello, everybody, i'm martha maccallum. bergdahl's release after five long years of course sparked celebrations in his hometown and home state of idaho but the taliban had their own welcome home celebrations of five of

their own, top gitmo detainees. congressman mike rogers says now put as price on american heads. >> across northern africa, the number one way that al qaeda raises money is by ransom, kidnapping and ransom. we have now set a price. so we have a changing footprint in afghanistan which would put our soldiers at risk for this notion that if i can get one, i can get five taliban released. martha: that is a bad scenario. the obama administration saying this was a prisoner swap. that is nothing new. >> well, i caution anyone against buying the propaganda of terrorists, first of all. secondly, it is absolutely a situation with a long history and precedent where we engaged in exchange of prisoners during an armed conflict. bill: stephen hayes, columnist for "the weekly standard." good morning to you, steve. >> good morning, bill. bill: if i administration wanted to wave a flag it seems to have backfired if you listen to the

talk on sunday and this morning. what are your main questions on this. >> it certainly has backfired initially. if you look at kind of responses getting from people who served alongside bowe bergdahl and questions they're raising about the circumstances that led to the departure, his departure from his unit. there are questions about qatar as a recipient country for these five taliban, high-ranking taliban commanders. you had a case where senior senate democrats had opposed the transfer of these five specifically, precisely because they were so dangerous. and now the administration has gone ahead without consulting congress, without giving them 30-day notification that was required by the ndaa. there are lots of questions. i suspect we'll learn many more questions coming days. bill: what about the homecoming of the five detainees in qatar? how do you keep them from joining the battle yet again? >> well you don't. the first thing to be said, they

will be able to raise a ton of money. the fact that mullah omar, the head of the afghan taliban out with a statement hailing the release, calling it victory for jihad its and mujahadeen already enables them to raise additional funds to help their cause in pakistan, afghanistan and elsewhere. i think this will be a huge problem. there is very little likely that they will kept off the battlefield. on the another network this morning, mike cat lighter thought it was very, very likely they will be back within battle within a year. that has to be troubling for anybody who is fighting against the taliban or who is directing our efforts against al qaeda more broadly. bill: you herd from jay carney. susan rice was out yesterday. the administration said we had to move, health for bowe bergdahl and time. mike rogers nude knew about the ubl raid months in advance. he was in the loop. how does the administration

handle these questions? >> they will have to answer them in a forthright manner although i don't expect they will do so. we'll have to learn more about the status of bowe bergdahl's health in recent days. the administration has been working for three years in the release, specific negotiations via qatar and amir of qatar with taliban specifically about this swap. so if they have been talking about it for three years, what intelligence did they have told him he was in such ill health now that they had to act now and his health deteriorated. we'll learn a lot more about that coming days. bill: stephen hayes teeing it up for us in washington an monday morning. glad to have you back here. martha. martha: let's talk about the five gitmo detainees traded for sergeant bowe bergdahl's freedom. they are described as some of the most dangerous and brutal that the taliban have to offer. deputy intelligence minister, chief of staff for the army of the taliban and others with very close and high-ranking ties to

al qaeda. taliban leader mullah omar issued a statement from hiding to praise this trade, saying, quote, we shall thank almighty for the great victory the sacrifice of our mujahadeen resulted in the release of our senior leaders from the hands of the enemy. and while they will have to stay in qatar for a year, lawmakers are worried about what happens after this. >> i think the big issue here is what's going to happen to these five individuals. if they reenter the fight, then it is going to put american lives at risk and none of us want that to happen. not secretary hagel or anybody. but if they're able to have after a year in qatar to do whatever they want to do, there is no doubt they will reenter the fight. bill: john mccain is not only one concerned. chairman of the house armed services committee buck mckeon saying this decision, may have quote, consequences for the rest of our american forces and gives terrorist as strong incentive to capture americans.

we'll talk live with the congressman about those very topics. why he says, that this is not only a bad idea but it was against the law. coming up in a few moments from now. stay tuned for that. martha: meanwhile, outpouring of emotion as you would expect from bergdahl's parents because they have got their son back. they deliver ad message of love for him and here's what they said. >> beau, you were not left behind. i told you wouldn't be left behind. but that wasn't easy. >> i'm still looking forward to seeing your face after these last five 1/2 years, long, long years. and to giving you a great big bear hug and holding you in my arms again. martha: sergeant bergdahl's hometown following this ordeal as you expect, every single step of every day. they're getting ready to celebrate his return regardless of the questions raised about why he left his base and all of that. they're obviously very happy. dan springer is live in hayley,

idaho. what is the reaction there, dan? >> reporter: martha, no hint of the controversy of the prisoner swap here. obvious emotion from bob and jenny bergdahl at the news conference. that was expected. his hometown of hailey, idaho, is painted in yellow and ribbons and balloons everywhere and signs up, bowe is free at last. he held a series offed jobs, he was a barista, worked in a dance company and seeking adventure. he tried to join the french foreign legion but didn't get accepted. he joined the army, two months into his first deployment he walked away from his combat post for reasons still unknown in eastern afghanistan. he was quickly captured by the haqqani network, a terrorist group based in pakistan. that was four years and 11 months ago. his parents still have not spoken with him. as they respect what could be a week's long reintegration

process. >> give yourself all of the time you need to recover and decompress. they're is no hurry. you have your life ahead of you. we continue in our minute by minute prayers for you as you go through this healing process and we pray to god for your freedom. >> reporter: every year around june 30th, they plant ad tree because that is the anniversary of bowe's capture. they plant ad tree to remember him and urged u.s. government to do everything they can to bring him back home. they were getting ready to plant the fifth tree. now they won't have to. now they're planning a big welcome home party for bowe bergdahl. martha: very understandable. what do we know about his health? there are suggestionses that he was really in dire, dire health situation right now? >> reporter: that's right. the last video we saw of him he looked like he lost at least 30 pounds. he was very gaunt in the face. we're told that his physical

condition is pretty good. we know he was taken from afghanistan to the landstuhl army base in germany. we don't know how long he will be there. possibly days or a week. he will be flown to san antonio, texas, an army hospital there. it is anybody's guess how long he will be there as the army eases him back into his old life. bowe's dad isn't sure he can speak english. he has heard and spoken pashtu for so long. no one knows if he is brainwashed. that wail have to be sorted through when he comes home. he praised bowe for the reason he joined the army in the first place. >> your desire and action to serve this country in a very difficult, long, war. the most of all, i'm proud of how much you wanted to help the afghan people and what you were willing to do to go to that

length. >> reporter: bob didn't say why he grew that beard or if he will be shaving it off. in fact he didn't take any questions from the media. they said there is time for that in the future. he also hinted that a couple of books may be in the future. martha? martha: lots of mixed emotions all around this story but none where you are, dan. thank you very much. good to see you. bill: so what do you think? do you support the deal to help bring the only american prisoner of war out of captivity? you can talk to us on twitter @billhemmer and @marthamaccallum. we'll share some of your thoughts throughout the show and at the end of our program today. martha: there is lot of focus on his health. obviously he needed attention. he had been held for five years. whether or not there was a dire health situation as susan rice suggested, that he was, at risk of dying at this moment. that is what prompted this very controversial prisoner swap, is something that is going to be a focus of attention. bill: we know he is in great

hands now. let's see if he takes advantage of it. ten minutes now past the hour. fox news alert now. shift in power for one of europe's largest country. spain's king juan-carlos, abdicating the thrown and allowing his son phillipe to take over. that announced by the spain's prime minister. juan-carlos led spain 40 years. he experienced health problems recently and dealing with political scandals. principle leap is 46 years old. no when the hand over takes place. martha: on the environment, this is getting a whole lot of attention. as the epa is expected today to announce a new clean energy rule that will target the coal industry. the plan is to reduce carbon emissions at existing power plants by 30% over the next decade. this move carries big political risk at the ahead of the midterms. some coal plants are likely to

shut down as a result of this. jobs could be lost all new to the rules. huge outcry from the coal industry. it now supplies 40% of our nation's power from that entire industry. that will take a hit as well. we'll have a lot more of that coming up. bill: martha, feds tracking a possible bomber on the loose. hazmat team called in, stockpile of dangerous materials. the latest manhunt gripping the san francisco bay area. we'll tell you about that. martha: tragedy over the weekend a media mogul killed in a plane crash before it left the ground. we learn who else was planning to be on that plane. bill: also the va secretary eric shinseki may have stepped down but that does not fix problems facing va. what is the next step to get our vets the treatment they deserve. >> well, there is no reason not for to us treat those who have borne the battle, worn the uniform of this nation. we have the money to be able to do that.

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newspaper. he own ad lot big sports teams over the years. witnesses described the devastating scene. >> you could almost feel heat 200 yards away. it was unbelievable. >> the whole sky was covered in smoke. you couldn't see anything. >> you could see the cockpit pretty much to nothing. just roasted. martha: awful. former pennsylvania governor ed rendell was supposed to be on that plane and canceled at the last second to stay in philadelphia for a previous commitment. bill: eric shinseki pave stepped down but issues plaguing the va far from over. a lawmaker pledges to get back on track. >> the american people are so disgusted. it will not fade out there. my concern it will fade in the media. we couldn't get the media to pay attention over a year-and-a-half ago to issues that related to this i'm very hopeful that people like yourself and others will continue to keep this in the forefront because it is much bigger than what we're going to talk about today. bill: what changes?

kt mcfarland, fox news national security analyst and former assistant dep di of defense to the reagan administration. good morning to you. he says it will not fade. >> it is going to fade. it is human nature and news cycle moves on and congressman and senators are responsive to the public and that's why it will fade. that is why you need tools in place to fix this. bill: talk about solutions. you call the soul-sucking agency for a reason. what does that mean? >> that veterans administration has been incompetent and corrupt for from very beginning, decade. if you enter that agency and military retiree it is a soul sucking agency. it will suck the soul out of you trying to deal with them. let's fix it now once and for all. you have to take real steps. bill: the solution. vets immediately you believe should have access to private health care. can you get that done. >> sure you could. immediately put them into the private health care system. they're doing that in other

parts of the country as it is now. the reason for that these wait lists, they're not wait lists, bill. they're death list. if you got on the wait list you were getting on a list you were not going to be treated. put those military veterans immediately into private health care while you fix the veterans health care. bill: why not give the power to hire and fire? >> that is the biggest problem. this is dirty little secret about government. nobody ever gets fired. you get more people. so as a result of that, incompetence or corruption just breeds. if you're a government employee, if you're a veteran, veterans administration bureaucrat you're looking at secretary of veterans affairs, i will last a lot longer than guy is. i will wait him out. there is no ability for the top guy to start firing, demoting, holding people accountable. >> you need a leader who is strong enough to kick some butt. >> that is the second thing you need to do. first thing you need to give that secretary the authority to fire people. the house passed a bill right before memorial day allowing

that. senate needs to pass it. president needs to sign it into law. fire, demote and hold criminally responsible for negligent homicide for people who died. bill: do you think the administration will be opposed to any of these ideas? are they protecting any employees at va along the process. >> senator reid, they didn't have time in the senate to read the three-page bill before the vacation before memorial day. let's take time now. the second thing the president needs to do, put a tough guy in there my candidate former marine general mad dog, jim mattis. he has broken a lost china to get things done. you need somebody who will be really angry and break the china to get it done. bill: one more point that miller made in the interview on sunday that it is clear to him that central office in washington had to be aware. >> i don't know. the problem is, they may not have been but they should have been. and that is why you need to fix it now while the public is focused on it. if you don't, if you get some new secretary in, everybody moves on to the next story.

you will have american veterans who will be on death lists. this problem will continue. there are more and more veterans leaving these facilities. bill: miller said, don't let it fade away. kt mcfarland in studio. martha? martha: dramatic video as a joyride takes a terrifying turn. look at this. oh, my gosh. that is her speeding through a park as children were playing of. you can hear the voices in the background. what on earth happened there? >> a hazmat team make as disturbing discovery in a apartment. a nationwide hunt. >> he is kind of a quiet guy. nice enough. (mother vo) when i was pregnant ...i got lots of advice, but i needed information i could trust. unitedhealthcare's innovative, simple program helps moms stay on track with their doctors to get the right care and guidance. (anncr vo) that's health in numbers. unitedhealthcare.

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bill: hope is fading now for these six climbers on mount rainier. only helicopters can search the

washington state mountainside about concerns about another climb as rescue team sending loose ice and rocks stumbling down. they were last heard from on wednesday. climbing gear believed to be theirs found on saturday. they were wearing beacon. more than 3,000 feet below last known location. a distance park officials say leave no viable chance for survival. martha: fox news alert. a nationwide manhunt is underway for a man who could be a potential bomber. the fbi is searching for ryan kelly chamberlain ii. they raided his san francisco apartment over the weekend. found explosive materials inside. he described himself as a political junky. >> may be presumptive for me to assume that he, that explosive and firearms. someone with that, with that type of, you know, equipment or, you know, bomb-making material, whatever it may be, you know we are going to consider as law

enforcement agencies and officers ard and dangerous. martha: makes sense, right? william la jeunesse live in los angeles with the latest on this search. where does all this stand now, william? >> reporter: we know this guy does not fit the profile of a felon. he worked in sports marketing, political campaigns, a professor, even "the san francisco chronicle." if he has a criminal background or priors, police are not sharing, nor are they telling us exactly what they found in the apartment. 24 federal agents wearing gas masks, protective jumpsuits, swept through his apartment building saturday, sunday, while this is active investigation. police came there is no imminent threat to public safety. >> explosives, there is no chemical, biological or radiation known at this time. again i know that the word ricin was used. just going to put that out right now and say no, we do not believe, we have nothing to conclusively say it was, that there is any sources of ricin at the residence.

>> reporter: police released some photos of chamberlain, 6'3", 225. brown hair, blue eyes, last seen in a hoodie and blue jeans and driving a white nissan altima with california or texas plates. martha: do we know anything about his personal life, william? >> reporter: he is self-described political junk kim. worked in political campaigns more than a decade including gavin newsom in 2003. he was active on twitter and facebook. he was talking about gun control and mental health. he went to university of iowa before working as a reporter covering the music business. in the 2012 he worked for the chronicle to boost readership for 4ers coverage. friends call him, say he is emotional guy. since losing his job in november, they have seen a lot of strange behavior. he stopped answering his phone, became more intro voted. if you sue hem call police -- invery verted.

>> william, thank you very much. bill: foreign policy doctrine in four years and what are they and are they enough? our panel debates that in a moment. martha: it happened again. a powerful gust of wind. look at this. this is ridiculous. knocking over one of those bounce houses again. bounced it hundreds of feet. children trapped inside again. we'll tell you what the story is when we come back. you, my friend are a master of diversification. who would have thought three cheese lasagna would go with chocolate cake and ceviche? the same guy who thought that small caps and bond funds would go with a merging markets. it's a masterpiece. thanks. clearly you are type e. you made it phil. welcome home. now what's our strategy with the fondue? diversifying your portfolio? e*trade gives you the tools and resources to get it right. are you type e*?

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fox news alert. questions on the deal to bring sergeant bowe bergdahl home. did the united states set a dangerous precedent? what happens when the taliban detainees are free to go home. here is jay carney answering the very question and why he says the deal had to be done now. >> he was held for five years and in those circumstances not easy circumstances, his health had been deteriorating. i can't get into all the information that we had, but we know that his situation was worsening and, that made it all the more urgent to secure his release. bill: so in a moment here, does this deal put americans around the world in danger? we'll talk to house armed services committee chairman buck mckeon. he is coming up to answer that in a few moments. martha: the return of bowe bergdahl putting new focus on president obama's foreign policy and how hehe carries it out. many ask what makes up the obama doctrine? what is his overall guiding foreign policy principle? it turns out it may not be so

complicated after all according to a article that just came out from "politico" where they say, quote, those pining obama doctrine victory for the president, here it is. quote, don't to stupid f, blank, blank, blank t. we have stephen sigman, former communications director for governor john corzine. reminds me it is the economy, stupid. this is the inside, white house banter, don't do stupid, be careful out there. don't make errors. keep your head down and don't mess anything up is the credo according to this article. katie, what do you think? >> if that is the white house response so what is the obama doctrine further proves they don't really have one. it reiterates the point that president obama's foreign policy has been chaotic. that is not republicans and conservatives saying that. that is people at

"the washington post" and "new york times." we had the speech at west point. a lot of people that did not go well with. we've seen president obama, his doctrine is not to do stupid things. i would argue that they have done a lot of stupid things, going back to calling for israel to go back to the 1967 borders, alienating allies and supporting people like muslim brotherhood in egypt. going into libya not having a exit plan. creating a vacuum of power for al qaeda to come in and develop even more power there. i mean the list goes on and on and on. we've seen president obama kind of take a step back and lead from behind and we've seen that recently with both syria and russia and it is not playing out well for the rest of the world and i think it is fair to say since president obama came into office the world is more chaotic and dangerous place with the wrong people gaining power. >> i don't think this is the message they want to get out at this moment, steven. if you look at sit-down with hillary clinton and jen psaki saying he done at love things he

doesn't get credit for foreign policy and we think he has done excellent job and there were chuckles in the reporters crowd. they're reworking how this thing is perceived as legacy issue if as it appears. >> if there is doctrine it was inelegantly stated, if there is doctrine use good judgment in case-by-case basis and katie right, hardly a world gone chaotic under president obama, it was a world incredibly chaotic when he came into office, not least because of billions and trillions of dollars on wars that weren't working in iraq and afghanistan. so look, he has been showing food judgment on a case-by-case basis. i would argu into office with three foreign policy promises. get us out of the wars in iraq and afghanistan and aggressive prosecute al qaeda. he has done all three of those things. martha: but the question remains -- >> the republican doctrine seems to attack the president reflexively at every person. martha: the president is the person in charge. >> correct. martha: he sets foreign policy.

i do think it's a legitimate question to be raised in terms of what his foreign policy is. and where the victories are. where are the pluses, where are the stories that you make a list of at the end of this administration? and you point to? >> i just stated three of them. martha: well, yes, get out of afghan, get out of iraq -- >> victories on al qaeda, afghanistan and iraq. martha: you can say that but doesn't make them true. >> of course it makes it true. we're in iraq and afghanistan. martha: well that is true. >> which is exactly what he would say. hold on libya -- martha: potentially in afghanistan, steven. >> if i could answer the question. martha: you did. >> i didn't. in libya, we've gotten rid of muammar qaddafi after 42 years. >> replaced him with al qaeda. >> hold on. iran has six-month nuclear freeze, a successful nuclear freeze. in russia and ukraine which is incredibly dangerous and complicated we used economic power to back them off the eastern front. there are a significant list of foreign policy successes.

and republicans foreign policy successes last five years is attacking the president. >> they're not in not in charge foreign policy. >> they're in charge of checks and balances. martha: i definitely let you have your say. we'll hear from katie. we'll come back. >> this is not the republicans saying this. people at "new york times" editorial board. "washington post" is saying this. this is not republicans. let's not grow back to the typical let's blame bush argument. talk about the obama doctrine. he has been in office six years. you want to talk about wars in afghanistan and iraq, talk about the cost of president obama and his smart decisions that you think he is making. under barack obama since 2009, 72% of troop casualties in afghanistan have happened under his watch, based on decisions he made for rules of engagement. those are decisions he made at a terrible cost. the world is not a safer place. he hasn't had success when it comes to al qaeda. al qaeda expands its roots not only in middle east around the world and more specifically in africa. al qaeda is on the run which was a lie that the president used to

get reelected is not true. >> so you're accusing the president of lying on foreign policy. martha: expansion of al qaeda under his watch? is that a victory? >> there is not a expansion under his watch. martha: that is not true. >> usama bin laden was killed. leadership of al qaeda has been killed and decimated. what you're talking about are regional versions that have popped up around the world, okay? martha: semantics. >> katie arguing that the president of the united states is lying on, on prosecuting terrorists, a war on terrorism is really quite outrage just, demonstrates what the republican doctrine is, just attack the president. not make a safer world. >> so it is about talking about the fact that al qaeda is not on the run and we've seen attacks on the united states in benghazi if they were gone. martha: president talked about all the problems in northern africa with al qaeda and al qaeda-linked groups. you can draw the line as finely as you want, steven, doesn't

make the world is any safer. >> i'm not arguing the world is a safe place. i'm arguing that the president is dealing with complicated and unsafe world and needs congress's help, not their attacks. martha: thank you very much. katie, thanks to you as well. >> thanks. ♪ we became the "brady brunch" ♪. bill: sad news this morning. beloved character from the "brady brunch" has died. ann b. davis, played role of alice and so well. played the role from 1969 to 1974. when the bradies were in a family battle, everyone knew to look to alice for wisdom. she was 88 years old. martha: "brady brunch" and partridge family. she was so wonderful and great actress and brought so much to the role and she will be missed. ann b. davis.

this story also percolating over the weekend. three-time masters champ phil mickelson investigated for insider trading? he has a response. you will hear it when we come back. bill: sergeant bowe bergdahl is free but at what cost? many say they are upset at the white house making a deal without them and giving up five top gitmo detainees. senator mccain. >> i think the president did go around the law but my major concern is the terms of this release and what happens to these five hardest of the hard-liners. prep for his presentation. and when steve is perfectly prepped, ya know what he brings? and that's how you'll increase market share. any questions? can i get an "a", steve? yes! three a's! amazing sales! he brings his a-game! la quinta inns and suites is ready for you, so you'll be ready for business. the ready for you alert, only at laquinta.com! la quinta!

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♪. martha: we weren't as close as that. but we did soak up some rays over the weekend. beautiful, gorgeous weekend here on the east coasts. the sun is shooting out more than just rays. nasa capturing images spewing solar material from the plasma above the surface. these particles can reach temperatures of 2 million degrees, bill. they can shoot off in ribbons faster than one million miles-an-hour. they have to use special cameras to capture that. isn't that cool? bill: great image. cloud of controversy swirling around the deal worked out by the white house to free bowe bergdahl. in exchange for his release the u.s. freed five top taliban detainees from gitmo. some five republican lawmakers

are saying the president is break the law. they say this is illegal. congressman buck mckeon and senator james inhofe releasing this statement. in executing this president violated laws which required him to notify congress 30 days before transfer of terrorists from guantanamo bay and explain how threats from such terrorists are substantially mitigated. our joy at sergeant bergdahl's release is tempered by president obama chose to ignore the law and not to mention sound policy to achieve it. congressman become mckeon, chairman of the house armed services committee out of washington. welcome back here to america's newsroom. >> thanks, bill, for having me. bill: why is this illegal in your view? >> last year we passed a, our national defense authorization act. passed out of committee 59-2, overwhelming support both republican and democrat. passed on the floor of the house, over three to one.

everybody supported this law that stated, and the president signed it even though i guess, now says he had disclaimer on it, but his responsibility is to administer and uphold the laws passed by the congress and the law stated that before any detainees is released from get guantanamo, that congress should be informed at least 30 days prior to that release. that never happened. in fact now more than 72 hours after this deal was done, we still have not been told what they're going to do to insure that these top five taliban leaders do not reenter the fight. i mean they have blood of thousands of afghans and americans on their hands. and, we're releasing them to qatar and that is all we know. our information is coming from the media. we're not hearing from the

administration. you know, i heard ambassador rice say, they have been talking to us for three years. they talked about the fact that they were negotiating with the taliban for a future peace. never talked about sergeant bergdahl. and if they have been talking for three years, you would think they could have let us know at least 30 days before what they had in mind. bill: it seems that the deal is done and past now. what is the recourse, if any? >> we will be holding hearings. we will look into this. you know this president has a reputation i think well-deserved, of deciding which laws he is going to enforce and which you laws he is not going to enforce. in fact, i recall that his attorney general, who has a major responsibility for enforcing the laws, told at a convention i guess the states attorneys general that they could not enforce certain laws if they didn't want to.

i just think that goes against all of our basic, our, we were built on the constitution. we were a nation of laws. and what makes us different from other countries is the fact that we follow the constitution and we follow the law. whether we like it or not, once it is passed by the congress and signed by the president into law, that is to be followed. there is a way to test those laws if people don't believe they're constitutional and that then would go through the court system and up to the supreme court. but until the supreme court reverses any law, it is the law of the land, even for the president. bill: the point you're making, mike rogers was in the loop on capture of ubl months in advance. you mentioned susan rice. she was talking on sunday. here is how she characterized this. >> this opportunity was briefed to congress when we had past potential to have this kind of

arrangement. it wasn't unknown to congress of the department of defense consulted with the department of justice and given the acute urgency of the health condition of sergeant bergdahl and given the president's constitutional responsibilities, it was determined that it was necessary and appropriate not to adhere to the 30-day notification requirement because it would have potentially meant that the opportunity to get sergeant bergdahl would have been lost. bill: there she is on the record. are you suggesting that if congress is notified you would have nixed this deal, the exchange for five detainees? >> i don't know that we would have or not because we still haven't heard the details. we don't know what they're doing about these five. how they're going to keep them out of the fight. we just are in the dark and that is a violation of law, no matter what she says. it really is kind of ironic because this is, is kind of playing out much like benghazi

where they kind of do or don't do something and, then kind of come up with a story afterwards of why they did or didn't do something. this is really mind-boggling that they feel that they can just do whatever, whatever they feel. doesn't matter what the law says. there is a purpose. bill: you're saying hearings will happen? >> they will. bill: okay. buck mckeon -- >> we will try to get to the bottom of this. bill: thank you for your time today out of washington. >> thank you, bill. martha: scary moments during what was supposed to be a fun day at the park. this car, watch this, out of control, right through a neighborhood where kids are playing. witness made a split decision putting his own life at risk to try to save people. bill: backlash from top republican over comments by hillary clinton on benghazi. >> it is pure political spin. she is more focused on blaming the so-called vast right-wing

conspiracy than on terrorists much. honestly, the off-season isn't really off for me. i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list, which has been absolutely absurd since the big game. with skype, it's just really easy to stay in touch with the kids i work with. alright, russell you are good to go! alright, fellas. alright, russ. back to work! they're about 10 times softer and may have surface pores where bacteria can multiply. polident kills 99.99% of odor causing bacteria

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bill: some terrifying moments here as a speeding car comes only feet from hitting some children in this park. watch. >> oh, my gosh. a car. bill: that is too close for comfort. frantic parents yelling for kids to get out of the way. officers pursue that out of control car through a neighborhood outside of salt lake city, utah. the driver was 14 years old. stole the car from his grandfather. the driver of a pickup truck, made a daring decision, ramming into that car, stopping it from hitting anyone. after all of that, no one was injured. thankfully. that teen was taken to a juvenile detention center. martha: two hours from now the state of ohio is set to open a memorial for the victims of the holocaust but this project which

cost about $2 million does not come without controversy. garrett tenney live from columbus on this so, in ohio this holocaust memorial, tell us about the controversy, garrett. >> reporter: well, martha, originally governor john kasich, he didn't have plans for this memorial but he said the idea just came to him after he heard from a group of holocaust survivors three years ago. this memorial, it is $2.1 million. it is here just outside of the state capitol. and it was funded by private donors and it honors holocaust victims and survivors but also ohio's world war ii veterans who fought to liberate the nazi death camps. the story of a young holocaust survivor is etched on to the two 18-foot bronze walls that meet in the middle which an opening that forms the star of david. kasich opens the thousand square foot memorial that to remind legislators and visitors, even today we must still stand

against evil. several atheists opposed memorial being on state grounds because of that because of that symbol. they said it violated the separation of church and state. former state senator even resigned from the capitol square board which approved the plan because of that religious symbol being there. the proponents of the project though, they say it honors all those killed during the holocaust, not only jews but u.s. soldiers, ethnic and religious minorities, homosexuals as well as mentally ill. it just sits 84 yards from the state capitol which there is a bronze inscription that reads, with god all things are possible. the american civil liberties previously sued and lost a case over that being there on the state grounds as well. martha: impressive memorial. thank you very much, garrett. bill: the obama administration getting set to roll out tough new clean energy rules targeting the coal industry. is that clean air or a job killer? that's next. what i expected.

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>> we are back on this monday morning. the president is ordering strict regulations at coal powerpla rps and the epa is going to announce sweeping new guidelines and that has people upset. welcome back to hour two. i am still martha maccallum. >> and i am bill hemmer. good weekend? the coal power plans reduction called for deep cuts in greenhouse gases that are blamed for global warming using the president's executive authority to impose expensive regulations without the approval of

congress. people against this is calling this is a job kill. >> stuart varney is here. what is going on? >> the president wants to look for good for the united nations which is forming a climate change treaty and the president wants to look good. if he can say i am beating up on coal so china better do it as well. the president said we will work on climate change and he is. he is going beyond congress and working without him to shore up his political base which is the environmental movement. there will be job losses if they go through and a slightly slower economy because you will take money out and you will have a

setback on manufacture because they require cheaper electric y electricity. so it looks like for are political advantages and economic consequences from this doing. >> i remember the campaign ads saying he wanted to put the coal business out of business. they must believe it is true. >> and a lot of democrats in coal areas flat out oppose what the president is doing because they face elections in five months and know this is a negative for them. >> and tom stire who has gotten attention to make sure this move is passed. he should be happy about this as well. thank you stuart. fox news alert. after five years in captivity,

our only military has been released. tell us what we know. >> they were high risk for returning to the battlefield and planning attacks against the united states. one was an intelligence service member and they said at one time he was intelligence operator for the taliban. t another man is with the taliban and al qaeda. and the group includes a military operator who was the army chief of staff under the taliban and whose forces fought against the northern alliance,

the united states-backed force in afghanistan. and he is accused of war crimes. another was a long time member of taliban and it is alleged he has ties to bin laden. and the last one is denying he had any role with the taliban or training. but they were all described as senior figures. >> how many detaines returned to the battlefield? >> the rate of return to the battlefield has increased. 30% are likely or confirmed of returning and this group, like many of the detaines, wasn't

clear for released. this group was only cleared for the purpose of the transfer. and they were hand selected by the taliban as the men they were willing to negotiate. >> do we know how many are left at the bay? >> 140 with the fast majority coming from yemen which is still a high risk area to retain people because of the groups there specifically directing plots at the united states. could this be the beginning of flan to empty the detainees? mccain says it is a risk

decision. >> the key element was in return for the sergeant's release did he set-up a process where these five individuals could reenter the fight as others have. >> michael warren is staff write for the weekly standard and he is here now. good morning. >> good morning. >> it strikes me this was the president's first promise to shut this down and it has been five years. is this the beginning of that process? >> it looks that way. this was one of his earliest promises as president and it motivates people on the left. particularly the anti-war left. there has been questions about where to put the detainees -- on

american soil or elsewhere? with this latest law, congress passed and the president signed it into law, it loosened the rules and said the president only had to notify congress before doing a deal like this. and congressman mckeon said they were not getting what was required. was this the right way to close it done? send top five officials to cutter >> on another program it was said that on obama administration officials believe they will be on the field in five years. how do they square that? >> i think that is true. if you look at the area they are

lax when it comes to helping out americans and finding terrorist. a lot of groups like al qaeda and the taliban do a lot of funding through this area. so i don't have a lot of confidence that if the government has these guys and they will not get back to afghanistan or to pakistan so i think that is right. the more we find out about the deal, the more disturbing it is. >> do you think this is a legacy issue for the president? susan rice hinted this was the beginning of closing that, do you think this is his legacy? >> i think he is looking at the time and thinking to himself i

have to have something to look back and say i am proud of and maybe this is one of them. but you have to take this with conjunction to pull out of the war in afghanistan. i think this is part of the same strategy of reaching a peace agreement with the taliban. don't know if it will last. >> it is part of that larger piece to be sure. thanks, michael. >> is the united states negotiating with terrorist now? how intelligence chair mike rogers listen: >> the way we are changing our footprint means we'll get less intelligence and less ability to collect intelligence to stop force protection efforts for soldiers. that is why we are concerned about what really is a break of united states policy of not negotiating with the terrorism.

we will talk to the former new hampshire government and chief of staff under george h bush is coming up to talk to us. >> and an american mountain climber falls 70 feet and faced near certain death and he started recording. >> i fell through that hole. thankful thankfull i didn't keep falling that way. i was trapped here instead. >> that man joins us. >> and a dump truck smashes into a school bus. >> and hilary clinton facing new benghazi attacks and why critics with attacking what she has to say in her new book. >> she is more focused on

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>> watch this dump truck slamming into a bus packed with student. the bus trying to make a left hand turn and not successful when the truck came through. witnesses say it sounded like an explosion. nine students and both driver sent to the hospital. back to the growing controversy about the release of the sergeant five years after being taken.

the white house is taking heat for the deal that swapped high five level detainees from gitmo. jay carney tried to deflect questions saying they had not broken white house rules. >> is this a prisoner swap when it is in fact negotiating with terrorist? >> we made clear for years we would engage in an effort to recover the sergeant. that is what we do when the men and woman are held by terrorist. >> point blank, did you negotiate with terrorist? >> we made sure there is not one of our men being hidden by them. >> good morning. great to have you us with.

what is your answer to the question? right or wrong? >> this is a bad deal for or four specific reasons. first of all, we are happy an american has been returned to his family. but there are tough decisions the president has to make. there is more to the presidency than circumstances and you have to do the right thing under tough sucticircumstances and th wasn't the right thing. mckeon pointed what they violated the law and returning five very bad people out of gitmo. and the five returning are five that the taliban specifically said they wanted and third most significantally this is a very bad president. the taliban are terrorist, they

negotiated with the terrorist. and this is one of the hardest things the president has to go through but you have to do it right but this administration and president didn't. >> how would you have done it right? >> they should have continued the process of negotiations and they should not be taking place with the terrorists. they made efforts to get the sergeant out of there with military action. but the negotiation and exchange of five people who themselves are terrorists is not the way to get it done. there are a lot of people running for president. i would suggest that republican and democrat people ought to ask them if they would have done it this way and if they say they would my recommendation is none of them are qualified for president. >> very interesting.

talk about the timing and your take. you have been inside these situations at the white house. and we are kind of getting two different lines of thinking. one is that the negotiations became viable again over the last several weeks. that is the reporting from the white house where the ground started moving for the negotiations. but his medical situation deteriated so they had to move. which one is it? >> they resorted to the youtube video for the failures at benghazi and now they are resorting to the health issue for doing a bad thing here. you never get an honest answer from this white house. this is typical for them. they scramble to find a package to present to the public and the

fact so much of the public thinks the president is so cool means they will probably get away with it. >> when you look at the situation and the negotiations that went on and omar is declaring this a victory and that he has these five important individuals back. that doesn't reflect well obviously. >> if the question was is this a good deal then it is being answered by omar who is saying it was a good deal for them not america. >> when you look at the larger foreign policy issues here and the way this is perceived around the globe what does it teal you about that? >> one of the bright red lines in america is we don't negotiate with terrorists. the fact the president has failed to understand the importance of a real bright red

line means as our allies and enemies around the world are looking at the united states they are seeing a nation that has been weakened by the president and loosing respect and frankly scaring the hell out of our friend who have no idea what our real principles and real red lines are. >> another big risk is that it could lead to the taking of other individuals because we -- >> that is why that red line is there. that we don't reward people for kidnapping americans. and what the president has now done is exposed americans around the world. not only on the battlefields of afghanistan, but anywhere around the world that sees a president willing in office that is willing to negotiate and pay the randsome for things that are

horrible acts against america. >> great talking to you. phil nickleson is being investigated by the feds. >> and a bounce house takes flight again. what you need to know about t s these things. these things. dn't come with a warning. today his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen. avo: withbook any flightways get the lowest price or hotel and if you find it for less, we'll match it and give you 50 dollars off your next trip expedia, find yours

>> scary situation in colorado over the weekend. a bounce house picked up by the wind and tossed nearly 300 feet. can you imagine if your kids are in there? two 10-year-old children were inside and went a ride but they are doing okay.

comes one month after this one was lifted 300 feet in the air and someone in that case is still in the hospital. make sure it is tethered or significantly weighed down. you have to put the stakes in the ground deep. >> that kid is still in a coma to this day. >> one of the biggest names in golf is under investigation for insider training. phil nickleson is being investigated for a trade and an attorney is denying he is a fed target. charley is here. how are you? >> good. >> take us through this -- will he be charged?

>> carl icon announced a bid for clorex and there is training where people made money betting he would get rid of the stock. they are investigating rather he was involved and billy walters knew about what carl was doing. that maybe carl leaked his intentions to walters who leaked it to phil. if that is all they have, bill, they don't have a case. that is not insider trader or even close. that is company-specific where you steal the information and use it for your gain. maybe they have something else. >> when you have carl icon and phil it is interesting.

>> there is someone else in between. carl knows this guy, i know they are friends for a fact. everybody knew the feds were going crazy on insider training and not only that, carl can talk about his intentions. that is not illegal. that happens every day in the markets. act investors run around and have idea dinners. >> and that is because he is on the outside. not on the inside. >> even if it moves the market, he can talk about it. the feds don't like the carl icons in the world. the corporate america and the players want to crackdown on the investors that go in there and take stake in the coumpany and

force them to do things they don't want to. he is upsetting the apple cart and another would say they are shorting them. and that is a debate the feds want to get in to regulate but it ain't happening with this case because this isn't insider trade. >> thank you. martha? it was a bizarre scene outside the home of casey casem. what happened to make his wife throw raw meat and repeat bible v v verses. >> and hilary clinton is playing politics again.

>> the coal industry is fired up against this. the head of the epa is rolling out new regulations on greenhouse gas emissions. the president is putting points on the board and this is going to keep the environmentalist very happy and it goes through with no congressional approval.

a leading republican senator taking aim at hilary clinton for what she has said in her book about benghazi. she called it a political slugfest. ted cruz was asked about this watch: >> the sad thing with secretary clinton is it seems to be polit politics all of the time. she is more focused on blaming the right wing conspiracy than on the terrorist. the truth shouldn't be partisan. there is a pattern in this administration. and that is to express outrange when a scandal happens. >> and good morning to our gu t guest. what do you think about this statement by ted cruz?

>> he is right. they are putting politicizing this issue over going after the terrorists. she is turning this into politics. her defense is a great offense like how dare you attack he. >> this is what she says in part of the book. i will not be part of a political slugfest on the back of the dead americans. those who insist on politicizing the tragedy will have to do so without me. she is on a book tour in nine days and on the fox news channel in mid-june and the first excerpt from her book is on benghazi. she is taking this head on. >> she is taking it head on saying she will not answer questions. she is trying to kill it before the elections and make it look like anyone who wants answers is

a politician. an ambassador is dead and three others. we deserve to know what happened and why there was this reflection of the video. we should have gone in. we had every capability to try. we don't run from bullets or danger. all they could do was wait for the call from the state department and that call never came. >> can she explain all of those ke questions away? >> she would have to admit an error of judgment. but claiming it was part of a video and for her to say what difference does it make -- i will tell you what difference. we who serve on active duty understand we are there to save the united states and if you are our commander and chief you must

answer simple questions. >> she may do that very soon. bob woodward says quote the issue is is there new information out there and one of the questions i have and i think there are serious unanswered questions about this. did she keep a diary? here is woodward: >> the issue is is there new information out there and one of the questions i have, and i think there are serious unanswered questions about this, did she keep a diary? remember go back to the 1980's in iran contra ronald reagan kept a detailed diary and he turned it over. >> we don't know that answer. >> no, we don't. this should have been insisted on by the congress and the american people to have that revealed. i think she is playing dodge ball at the expense of four

americans who were dead one being an ambassador who was tortured before dying. it is offensive to us that served and to the american people. she should be able to answer questions. >> let's see how she addresses -- hear why some critics say the obama administration has set a dangerous precedent by exchanging one military man for several terrorists. >> this group killed 6,000 people taking the men and sons into the street and slit their throat in front of their wives and daughters. and daughters. for the ultimate shave wet or dry. guaranteed. visit philips.com/fathersday now to save $50.

taliban bowe bergdahl bowe bergda bergdahl burg doergdahl bowe be cutter patienqutar guantanamo b

>> that is the house made famous in ferris bouleulers day off. it finally sold for a bit more than a billion bucks. >> does it come with that fancy car parked? that might help. highland park, illinois is where

that house is. >> where is ben stein today? >> right. back to the top story. the white house and obama administration is defending the exchange for bowe bergdahl for five high level seniors say it was absolutely necessary due to his health. general jack keane is here and he is a former vice cheief of te army. and howard kurtz is here, too. general keane, do you think this was a mistake do the trade? >> i agree with negotiation with the taliban when hasn't been

labeled a terrorists organization. bush and obama knew we would have to negotiate with them. the second thing is i think we made a lousy deal. our terms and conditions with these five should have been tied to the fact with making sure cannot get back to the conflict while we are there. international observers, house arrest, let them be with family but no internet or phones. we made a very bad deal and we should have discussed this with congress because they would have gotten feedback about the deal. >> let's listen to susan rice:

>> we had reason to be concerned his life could be at risked. we didn't have 30 days to wait. had we waited and lost him i don't think anyone would forgive the government. >> he said this was urgent but they also said the ground started to shift over the last several weeks and they have been working on for a long time. >> what a sense of dejuvu seeing rice on television. seeing her come on saying he didn't negotiate with terrorist when it is evident we did and not say we did it and here is how we justify it insults the

american intelligence, i believe. >> and there is a connection john is making in regard to susan rice: >> they resorted to the youtube video for the failures at benghazi and now they are relating the health issue for having done a bad thing here. this is typical of this white house. >> no one is going to be in great health after being in captive for five years. but chuck hagel said it was essential to get him out. what do you think about that, general? >> five years in captivity and we are out of afghanistan soon and at some point we would want at a leverage the taliban to get him out of there and enter into

negotiati negotiations. i would put the medical condition to the side until the doctors examined him and found out about that. i think there is ample justification without that claim given five years and we are at warp termination point. >> one more war question, general, why do you think, given the amazing things the seals have done, they didn't go that route? >> the issue facing the president dealing with a pow is when can we rescue and two do we forget about him and let him die. i think many times we try to put together a plan to rescue him. i have been told that given his location it was high risk in terms of him surviving.

i don't think any implications rescuing him had to do with getting into the taliban to begin with. he is an american in captivity and he is a pow and we would try to get him out of there. >> in terms of the va story, howard, is there any updates? >> it has been in the works for a time and forcing general shinseki out i can the white house got the bad press from the va medical problems. but i do wonder whether or not bowe bergdahl's health was a factor. i am glad he is home but i am troubled by the fact five bad guys were let loose and

everybody believes they will be back in the battlefield. and also reports or allegations by some of those that served with bowe bergdahl that he wondered off his post and there is a lot we don't know about. >> great panel. thank you so much howard and general. great to talk to you. >> jenna lee is standing by with "happening now" rolling your way on monday. how are you doing? >> hi, bill. we will continue the conversation of the growing talk r five e swap of the american detainees. our lead guest is out with new reporting saying this could be the first step to entering out gitmo and we have live in-depth coverage on that. and new tough carbon scandals being revealed and could that cost democrats places in the mid-term? and research saying walking could save your life.

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survival. a scientist climbing in napal recorded him falling down the himalayans. >> i fell through that hole. luckily i didn't keep falling that way. i got trapped here instead. >> it is amazing. he survived. >> the professor at western kentucky university is here with us. how are you dog -- doing -- >> good morning. >> what happened? you look like you had 8-1 inches. >> it was incredible. i was out walking in bright sunlight carrying sample bags and equipment and preparing to take snow because we were measuring the dust on the snow

in the himalayans and the andes to look at the temperatures changes on the glaciers. i noticed my face smashing in the ice wall and bouncing between the two before stopping on the ledge and breaking my arm and ribs with my legs dangling over the void trying not to tip over and hold on long enough to get up on the to edge. then i started filming once i am on it. >> dock, we saw the first clip with your nose bleeding and you were in bad shape. and you could tell from your voiyou were scared. how did you crawl out of their alive? >> well, that was the key: alive. most people don't survive these

falls. you fall sideways and end up upside down and break your legs. i was lucky enough to have working legs and a partially working body so i knew i had a chance. i had to make the decision immediately. do i start moving and live or give up and die. i decided i didn't care for the second option and started dragging my body along. >> took you six hours, too. you said the pain was wonderful because at least you were alive to feel it. >> yup! well and it kept me going because i knew that it was only going to get worse. my body was going to get stiffer and every minute i delayed made by death more likely.

so the sooner i got moving the sooner i could get to the sun above us. >> you have one heck of a story to tell your students in bowling green, kentucky. how is the shoulder? getting better? >> hopefully. we have a lot of operations and physical therapy ahead but i figure if i can crawl out of the hole i am going to use my arm again. we will see what we can do. >> thank you, doctor. good luck! >> appreciate it. >> there is an aggressive manhunt for a suspect who is considered armed and dangerous. he is this man. he maybe carrying explosives and had to go into his apartment with hazmat gear. what prompted this story when we come back.

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>> feels like summer has begun, don't you think?

martha: a little bit. bill: 2:00 saturday afternoon, when the skies parted and sun came down and boom. martha: gorgeous weekend. beautiful weekend. bill: really, we deserve this. martha: after that winter. a little more sunshine coming your way with "happening now" starting right now. bye, guys. have a good day. jenna: we begin a fox news alert. the obama administration announcing strict new standards for carbon emissions. we have a live look at at press conference that just wrapped up, epa head gina mccarthy delivering the news that the rules will cut carbon emissions by 2030. critics say it could cost thousands of jobs and could raise prices for the rest of us of the president argues that it is good for the environment. he will be on a conference call with the american lung association as this news develops. we'll discuss the economic and political fallout from the new