look at that shot of time's square there in new york city. i am ainsley earhardt. >> i am heather childers. >> nice to have you back. stunning accusations aimed at doug bergdahl. >> his roommates say he abandoned his brothers in arms to talk to the enemy. this morning they are questioning his loyalty. >> right now army sergeant bergdahl is being treated at a hospital in germany as he recovered from five years of captivity a clearer picture is em americaing about his ash-- e about his capture. he walked away from his base. several soldiers claim he deserted and put americans at risk. he spoke exclusively with fox news on the kelly file.

>> some of the activities, mailing all of his stuff home before hand, the e-mails you mentioned and talking about the terrain extensively, talking to the afghan national police in a way that was not about hearts and behind there was an agenda there when they spoke to him. >> i don't want him to be hailed as a hero. i want ham to fa-- him to face possible court-martial for de certification. >> he learned details on how he walked away from his unit and america's mission in afghanistan on june 30th, 2009. >> he called on a wire with water, food, change of clothes a life a knife and a cell phone. he called his unit theafter he deserted to tell them he deserted. he left his unit in combat not

arguable. >> the pentagon wanted to faux if he was working in col includings wi -- collusion with his captors. the intelligence community has serious concerns bergdahl may have been more than a deserter but an active member of the community. six people died trying to rescue him. >> thank you, kelly. >> thanks so much, kelly. brand new questions this morning about president obama breaking the law without telling congress. they are holding a closed door meeting in a few hours. what can we expect today? >> 9 white house is die flekting

questions by saying the pentagon was promised by qatar. the detainees will be on a short lease. -- leash. >> they have been identified as potential transfer res as part of this release of sergeant b g bergdahl for some time. it was the assessment of the secretary of defense in consultation with the full national security team that there were sufficient mitigation steps taken by qatar and assurances received the united states that these detainees do not pose a threat to u.s. national security. >> former gitmo detainees have turned on the u.s. before and says these guys will do it again. >> there's a distinct possibility these five will in fact go back too the battle.

when you have the deputy commander and deputy for intelligence bureau these are the people most likely to go back and launch strikes against americans. >> it wasn't legal because congress didn't have a heads up. >> he had sworn oan oath of the statutes that prohibited him from doing that. >> they are part of american history and it was in the works for a long time so congress shouldn't be surprised. >> peter doocy he will be keeping us posted on what happened. thank you so much, peter. >> on the heels of bergdahl's controversial release many are

questioning why president obama hasn't done anything to bring tomorrow tahmooressi home. >> mentioned bergdahl was a marine reser dsh dsh -- active he is active reserve. >> i know the temptation to compare. thank you for your advice but every situation is different. >> one person who met with taw moore r taum moore ressy in prison. >> you boldly said you have a pen and a phone put that phone

to good news once in a while. >> he is due back in court in tijuana tomorrow. >> a bang with two primary contests in iowa. iraq war veteran joanie urnst makes her run for the open seat. palin and romney helped lift her into the lead. tea party challenger chris mcdaniels making a push against babcock ran. brand new video of the dramatic moment a wanted fugitive captured after three-days on the run. >> put your hands in the air. >> suspect is in custody at this time. somebody notify the fbi.

>> police arrested ryan chamberlain under the golden gate bridge. he became the target of a manhunt after they raided his san francisco apartment and found tons of explosives. earlier in the day he posted this chilling note on facebook, so much waudz broken from the past year and a half i guess it was insurmountable and the time is up. >> the plane crash that killed 7 people owe the weekend. they have recovered the black box. this is a 911 call moments after the crash are released. >> the jet never left the ground it hit an antenna and burst into

flames. everyone on board that plane died including lieu kiss cats the co-owner of the philadelphia inquirer. they are listening to the plane's cockpit recorders. they cut programs while giving out bonuses. the da medical center approved more than a million dollars in bonuses while a therapy pool for veterans. the they handed out the bonuses for approximately 2,000 employees in fiscal year 2010. this comes after the white house ordered an audit of every va hospital in the country. >> president obama landing in poland. it is the first stop on his four-day trip to europe. he will meet with the polish president. the crisis expected to be the main topic of conversation.

it coincides with the 21st anniversary of poland's first election free of soviet patrol. >> katrina, irene, sandy, all deadly and destructive hurricanes with female names. giving a storm a woman's name makes people under estimate its power. more than 60 years of death tolls with hurricanes they found storms with female names killed 35 percent more people. hurricanes by the name of belle or sandy seem gentler or less violent. >> see at el-- see at ill -- se approved a minimum wage hike. >> at 15 bucks an hour seattle will have the highest minimum wage in the nation. city officials unanimously

passing the measure yesterday. small businesses will apply in 3-7 years. these wage increases they say will force them to cut jobs and cut back on hours. the casual restaurant is dropping all artificial at tives from the menu by 2016. th no artificial sweeteners or colors. it is to help conscious millennials and to keep up with rivals like chipotle moving in the same direction. you should stock up right now. a whiskey shortage is looming with demand growing about twice the pace of supply. here's the reason overseas markets like china and australia, they are drinking more american whiskey thanks to importer rifs. some moving over to wine and

tra craft beer. the aging process takes several years. now you know. >> stocking up. thanks so much, lauren. >> the time 10 minutes after the top of the hour. coming up dan marino going after the organization that made him a household name. why he is taking the nfl to court and he is not alone. >> the barning brad pi-- warnin pitt has. when salesman alan ames books his room at laquinta.com, he gets a ready for you alert the second his room is ready. so he knows exactly when he can check in and power up before his big meeting.

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>> marino the highest profile player to file a civil lawsuit against the nfl. they filed a civil lawsuit saying they knew for years concussions could lead to long-term health problems. they did not specify his injuries it is the latest claim the nfl has to deal with following last year's unsettled $765 million class action lawsuit. >> they clouded it for months. twol 12-year-olds now charged as adults accused of trying to kill their friend. police say the girls wanted to please a mythological creature. the negotiation morning they allegedly stabbed her 19 times in the woods in a wisconsin park. the girl managed to crawl to a nearby road where someone image

man found her on the sidewalk. she is now in a hospital in stable condition. >> police used a taser on a pregnant woman. it happened outside of a mall where two witnesses reported this video. the 19-year-old got into a fight with another woman and when she tried to get around officers trying to break it up they tased her. >> if something happened to that baby i have the proof that police did this. >> they are now investigating. they take allegations of misconduct seriously. >> will fach lly feud over case kasem just got uglier. he is in stable condition at a medal facility he can return home to his wife if doctors are okay with it. this coming a day after the 82-year-old was taken by ambulance for a checkup after an argument between his wife and

daughter. vietnam vets are furious to have jane fonda speech at the graduation ceremony. hanoi jane she came to be known as after meeting with soldiers in the vietnam war. they are sickened by the school's decision. they boycotted fonda has 40,000 likes as of this morning. they are quote truly honored to have jane fonda speak. it is time to brew on this. a new york city councilman wants to close the junior rotv program. >> he heads the education committee and told them he is concerned about the way recruiters work saying it contributes to a war marine. the programs are in 14 of new york city schools. >> they over leffer leadership t

military subjects. >> are they war machines or a way to a better education? facebook, twitter or send us an e-mail fox news first at f first@foxnews.com. it is 18 mints after the hour. who do americans love and who do they loathe? >> there are people who annoy you out there? >> besides you, um... >> we step in water's world next. >> this is a scary statistic. every teen looking for a summer josh is going to want to hear this.

watter's world >> radicalized americans planning to kill p trues. they are charging a man with buying two hand guns and silencers as part of a plan to kill members of the u.s. troops returning from war. the feds take a 30-year-old suspect in yemen on his twitter postings saying this, al qaeda said it loud and clear. we are fighting the american invasion and their head over the earth and the people. he faces 10 years in prison and a fine if convicted of the charges. they will hold a closed door hearing over the release of sergeant bergdahl. they say these hearings need to be open to the public so we the american people can get answers about the swap.

president obama's promise to close gitmo. >> the american people need to know. we need to know everyone knows what's going on. the president believers he could take the 5 most dangerous people in gitmo and turn them lose and he could get rid of any one. it is his obsession to close gitmo. they are going to go back to start working and they have already killed americans they will be killing more americans. it wouldn't make a difference who he was you don't swap out and turn back to the fight. people who killed americans and are the brain power of the taliban. >> they will hold a hearing on the bergdahl release later this month. crews are resuming the desperate search for a missing hiker in phoenix. eric hernandez hasn't been heard

of since he headed up camel back mountain. he bought water packs. police are looking for an unidentified man seen with hernandez on surveillance video. >> extreme weather. voluntary evacuations are now underway. they sent water into businesses and neighborhoods. they used sandbags into their home. they are beau to snow melt from a higher than average snow pack. >> brad pitt speaking out about the attack that landed a hollywood prankster behind bars. >> he said i saw someone stage diving over the barrier i took a step back he latched on to my law pells and he was trying to bury his face in my crotch so i cracked him twice in the back of the head. incidents like these make celebrities more weary about

interacting with their fans. >> jessie watters taking waters to americans. >> people you admire in this country, who is that? >> oprah. >> she is powerful love everything about her. >> johnny depp. >> you are into pilates. you don't know what i am saying. >> do you understand a word that is coming out of my mouth? >> love ted cruz. >> absolutely. >> don't filibuster me. >> governor walker wisconsin running for president. >> there are people that annoy you out there? who are those people? >> besides you, um... >> i would is a to say anybody who goes over the top with support over lebron james. >> who do you add pier most? >> lebron james. >> there was a guy over here

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viagra. talk to you doctor. >> a hero weighs come for freeing taliban fighters. did president obama break the law? >> he violated the law by allowing access to go back to a terrorist organization. >> what is now being done to ensure persons get answers. >> badges gone wild. air rage is on the rides forcing fellow travelers taking drastic steps like duct taping one man to his seat. what's being done to bring order to the friendly skies. >> fox and friends first starts

right now. rl ♪ >> good morning to you. the sun is coming up in new york city on the east coast. make it a great day together. it is tuesday june 2nd. welcome to "fox & friends first". i am heather childers. thank you for joining us. we begin with stunning new accusations aimed at army didn't beaube bergdahl. they have moupting new evidence. >> investigation of bergdahl's

disappearance saying he walked away from his unit. while in captivity they never listed him as a prisoner of war. more facts are coming out about the disappearance from his platoon in afghanistan. they believe he deserted>> oo. >> i don't want him to be hailed as a hero and possibly face court-martial for de certification. >> he did not serve the united states with honor. he violated his oath and deserted us and put other americans in jeopardy. >> journal david hunt learned stunning details on how bergdahl walked away from his unit and america's mission on june 30th, 2009. >> crawled under the wire of the base with water, food, a change

of clothes a knife and a cell phone. he called his unit the day after he deserted to tell them that he had deserted. he left his unit in combat. it is not arguable. >> fox news learned the defense department and intelligence community suspected bergdahl might have been acting in conclusion with the enemy. sergeant berg call is being cared for at this time. he is listed in stable condition and still having difficulty in speaking english again. when he fully recover he is will be asked to give his account on what happened the night he walked away from his unit on the battlefield. >> disturbing new information. >> they are looking at whether he broke the law.

they will have a closed door hearing in a few hours. doug luzader is live for us from washington, d.c. what can we expect? >> two big questions was it worth it and was it legal. we know he was traded for the five guantanamo detainees hand picked by the taliban. was it legal? they are firrequired to tell congress before they release any one. the white house is defending this move. >> this should not have come as a surprise to members of congress that this was possible. with he had been working to secure sergeant bergdahl's release for a long time. prisoner exchanges in armed conflict are hardly a new development. >> he has sworn an oath and

statutes prohibit him from doing that. >> the white house is lararguin the president has authority to do this. what now for the five former detainees. they have to go potentially return to the battlefield. >> thank you for joining us, doug. appreciate it. >> many are saying the price we paid is much too high. 6 soldiers were killed looking for him. there is no way to link them directly to the search for bergdahl. the mother of clayton bow we know one of those killed on the record saying one of her son's missions was to find bergdahl. >> i heard people knowing this said he really built up and it got pretty hectic over there.

it became dangerous when they began looking for him. >> there are several facebook pages dedicated to those men including one titled "doug bergdahl is not a hero. >> the dramatic moment a fugitive a captured three-days on the run. >> {off-lin {off-line} >> police arresting rye and chamberlain under the golden gate bridge. he became a target of a nationwide hmanhunt after the fi raided his san francisco apartment and found tons of explosives. dzhokhar tsarnaev was manipulated into giving

incriminating statements over the to the fbi. he hid belongings from police. but now he is claiming his poor english skills allowed the authorities to take advantage of him and he never understood his miranda rights. he never once requested an interpreter. he and a friend face prison time for obstruction of justice. they have now recovered the black box. this after 911 calls are released. >> i look out my window and right behind it was it looked like an atomorrow might be bomb went off. 7 people on board were killed including lewis cats the co-owner of the philadelphia

inquir inquirer. investigators listening to the cockpit recorders and checking surveillance videos. >> the former mayor is caught up in a bribery scandal. he is expected to plead guilty to federal corruption charge. the democrat is free on bond and faces a maximum 20-years in prison and $250 fine. >> june is kicking off with a bang. oo iowa iraq war veteran joanie ernst as she takes on the senate race. >> chris mcdaniel making a late

push against babcock cochran. >> we know what the mets are good at eating cheesecake. teams are given unending cheese steaks. they ate 103 grease ry cheese cakes. the previous record somewhere in the 80s. mets players can hold their heads high. >> there's no slowing this lady down even at 91 years old. >> harriet thompson just smoked the competition at the rock and roll san diego marathon. she finished the course in 7 hours 7 minutes and 42 seconds. that breaking the record for her age group by more than an hour and a half. >> i kept running and then it got harder. by the 17th mile i was thinking, i am not sure this is as good

idea. >> thompson who recently under went nine rounds of radiation on her leg for cancer treatment raised 90,000 dollars for leukemia and lymphoma society. >> thousands of americans are waiting for the government saying their refunds are still on hold. >> hollywood has a special request and they could fly the same kind of aircraft you could spy on terrorists. first a look at the forecast on the country as we go to break. unlimited cash back. let that phrase sit with you for a second.

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>> more than 3,000 tax paying citizens are still waiting for their tax refund. 340 million in refunds still hasn't been sent nearly two months after the tax deadline. it could be another month before residents receive their money. the reason state tax officials are blaming tax flow problems

they p haven't gotten back to us yet. >> bad news for teenagers looking for work in two of the country's largest cities. new figures find the riverside san bernardino area of southern california and portland oregon have more than a 50 percent unemployment rate among teens without a high school diploma. the national average is just under 22 percent. used to be graduate go to college find a place of your own, not any more. a third of america's 18 to 24-year-olds are living with their parents. the number has sky rocketed dramatically. the challenging job market and crippling student debt are to blame. >> the highest minimum wage in america. $15 per hour more than double the federal minimum. will any other state follow suit?

ashley webster is here to explain this. >> they have one of the highest state minimum wages at 9.32 an hour well above the 7.25. the $15 an hour rate will be phased in depending on the benefits they provide employees. full-time workers translates to 31,000 a year. it will take effect in april of next year when every worker will get at least a $1 an hour raise. businesses employing more than 500 workers will be required to pay 15 an hour or 2018 if healthcare is offered. smaller businesses would have 5-7 years to says in the increase. that translates to 31,000 a year at 15 bucks an hour. they reject to an amendment that would allow teenagers to pay a sub minimum training wage for the first 90-days on the job.

they have the highest minimum hourly wage at 10:44 mall businesses crying foul saying we can't afford to pay our workers. i expect la lawsuit will be very soon coming down the pike. >> all of the college students living with their parents need to go to seattle>> it's the pacific northwest. >> the time is 47 minutes after the top of the hour. brutally beaten and chained to a bed. stunning information about how a u.s. marine is being treated behind bars in mexico. >> air rage is on the rise. they are tackling out of control passengers. >> find out what's coming up on "fox & friends." >> deserter or hero.

judge napolitano on whether bergdahl could be charged for leaving his post before being captured back in 2009. will california chrome take the ribbon. >> five companies hiring today. the famous actor chris o'donnell is here. we are going to play soccer with him. why? why not? it's fox and friends. it's right here on kks the fox news channel. ♪ ♪ so you can have a getaway from what you know. so you can be surprised by what you n't. get o times the points on travel and dining at restaurants from chase sapphire preferred.

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everywhere went dark. that is how one person describes this monster dust storm that rolled through iran, as a massive cloud taking over the capital

city of tehran with winds of up to 70 miles per hour. at least four people were killed and nearly 30 others injured by trees taken down by the powerful wind. scary. the u.s. marine jailed in mexico heading back before a judge tomorrow. sergeant andrew tahmooressi trying to make his case for release more than two months after he was arrested for accidentally crossing the mexican border with three legally owned guns in his truck. tahmooressi saying that the struggles of jail are far worse than being deployed. one of sergeant tahmooressi's fellow marines on the record detailing the horrors that tahmooressi faces every day. >> what he's explained to me is that prison guards were coming in as he was shackled up and beating him up as a showoff to their buddies. explained to me how his restraints were so tight it drew blood on his wrists and ankles. starved him, didn't provide

him with water. he's lost all hope. he doesn't think the government is going to do anything and, frankly, i don't think they will either. >> that petition demanding tahmooressi' release, it surpassed the 100,000 sigma tours needed to get a reresponse from the white house. >> edward snowden the movie? the former n.s.a. contractor who leaked the agency's programs spying on america will become a film. oliver stone will direct it. it is set to start shooting before the end of the year. >> movie companies want to fly drones. seven movie companies asking for exemptions to fly drones over film and tv sets. the f.a.a. has a september 2015 deadline for developing rules to fly drones safely in the same space as commercial airlines. airline officials said exceptions might be possible for smaller drones

weighing less than 55 pounds each for movie-making purposes. the already introduction star wars episode 7 rounding out its cast with an oscar winner. >> day in and day out! more than any man. >> "12 years a slave" lupita nyong'o will join the cast in what will be the most anticipated film of the year, and"game of thrown" fans will be happy to hear gwendolynú)t43 christi is also joining the cast. >> junior rotc, what about lessons in dedication, leadership and discipline, should we cut programs teaching those skills? your comments up next.

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two minutes till the top of the hour. a closed door hearing scheduled on the swap of bowe bergdahl for five terrorists. dan marino now the highest profile player to bring a concussion lawsuit against the nfl. >> time now to take a look at the good, the bad, and

the ugly. up first, the good. >> you know that? [baby sounds] >> sure to make you smile. a baby's first laugh getting more than two million views on youtube. the bad, air rage on the rise. incidents involving angry passengers jumping to 8,000 last year. now a call for intense training for flight attendants. >> time now for your brew on this responses. a new york city councilman wants to cut the junior rotc program from high school because he says it contributes to a war machine so we asked are rotc school programs war machines or are they a better way to education? johnny writes my son is in rotc. i think it's the best thing schools got going anymore.

it teaches kids responsibility and discipline. bill says while it was an option for me, i respected the decision of those who enrolled in rotc for their service-minded activities and learning. ilene says rotc teaches respect, service and history of america. thanks to everyone who responded. "fox & friends" is now. good morning to you. it's tuesday, june 3. i'm ainsley earhardt, i'm filling in for elisabeth this morning. men who served with army sergeant bowe bergdahl say he is no hero after fleeing his duties in afghanistan. and this morning we have brand-new evidence that he might have been helping the enemy. >> then voters heading to the polls in eight states today as primary battles heat up. will republicans gain the six states needed to win a majority in the senate? november? we're going to break down the races you need to know about on this primary tuesday. brian? >> imagine relaxing on the beach when this happens. a pne