there >> we want someone that is entertaining and without the rehab? >> thank you, lou dobbs. >> here in the end i was getting unsettled. outnumbered is out and happening now. three developing stories we are watching this hour. what the u.s. soldier did before he disappeared in afghanistan. it is primary day in eight states. there is closely watched races including california jerry brown casting his. and dan marinno making serious allegations against the nfl. and we'll break that down for you. we have a fox new alert. new questions about sergeant

bergdahl's time in afghanistan. he left behind a note. there is more questions about the prisoner exchange. welcome to this new hour of happening now. >> authorities are interested to again with. >> and i am jenny lee and a pair of powerful senate committees meeting behind closed doors to examine the swap in detail. president obama releasing five taliban commanders and raising concern that they could pose a risk to the national security. jennifer griffin has more for us live in the pentagon and over the last hour or two. you found out interesting information about what bo bergdahl left behind. >> reporter: according to the members of the unit debriefed by the army, there was a letter in which he was dislugtioned by the

u.s. army. and wanted to renounce his u.s. citizenship. and the letter is presumably part of a evidence and part of a classified investigation. the army roached out to former members of bergdahl's unit and question them as part of a investigation and a commander's grand jury. and the chairman of the joint chief of staff will not rule out investigating bergdahl for dissertion. but he urged people not to rush to judgment. in response to those of you interested in my personal judgment of the recovery of sergeant bergdahl, the question of this particular soldier's conduct isivate. it is likely the last best opportunity to free him. and the circumstances of his capture and when he is able to

provide them. he is innocent until proven get. our army's leaders will not look away from misconduct. bergdahl has not yet spoken to his parents. >> this is the first time you have reported about the letter. dow believe that we'll get a look at the letter? does it toy in to the other reports about his time mates having to sign nondisclosure agreements after he left his base? how does this it toy in? how significant could this be? >> reporter: i don't believe we'll see the letter. it is part of the classified investigation and the army is keeping that close hold and they are not planning to release that it information at this point. the best we have right now, is what his unit members are saying and they had to sign

a nondisclosure agreement. when he was held by the taliban, the army was worried that anything that might be said to the public and press could endanger his life. now he is safely in their hands and that is different in terms of further investigating the c@ health.

we had the cooperation of the qataris and seized that opportunity. >> joining us on line the campaign manager for howard dean and a fox news contractor. jonnah, i heard that bergdahl was released what a great thing. and now, it has morphed into this it battle over whether it was wise to release a guy who jennifer told us might be a deserter for five taliban commanders. what about the politics of all of this. >> the debate after the announcement was whether it was worth trading five taliban commanders for one american soldier and that was before most people in washington or new york or media really grasped how much of a controversy about whether this guy was a deserter and there was a serious policy

debate over whether we have negotiate with the taliban and now we learned that bergdahl could possibly have been a deserter and essentially someone who committed a crime and punishable by death and led to the deaths of many, many american soldiers who had to go look for him and change their behavior, could have a long half-life. and there is a lot of unknowns, at this point, it is crazy that the president would go out and give a rose garden announcement as if it was a big win for the good guys. it was a strange move politically. >> joe, you say that the president was in a "no win" situation. >> if bergdahl was killed by the taliban as captive, they would scream the president was weak and doesn't get him. i think one of the things that people are not looking at.

the fact is, we were going to have to release all of the taliban somewhere in the next 12 or 18 months anyway. and the fact that these five are going to be yes, in house arrest in qata r for a year. it is getting the last american held by the taliban out, and in our possession, i think it was worth it. and in the end, if bergdahl did desert, trust me, he will be held by the military code of justice, he will face court martial and other charges and that may play out. he may spend life in the brig or death penalty. >> the taliban are battlefield prisoners. the administration made the argument that they are cases that should be tried in federal court as criminal cases. >> a lot of al-qaeda and others

held in gitmo, you could argue they should be charged. but under geneva and international law, i don't think the taliban fall under that. i think international law would require they be released at the end of the afghan war which we are winding down. and there is congress, that is going to move possibly to rescind the authorization of military a umf, the authization of military forces going to be resended. >> i think that gerald puts his finger on an important point. and what obama's real motivation here, get on the path to get rid of gitmo.

and in the start of the administration and he failed to do it. it is one of the big agenda items. and among the worst is a win for him. and all we got left. and these horrible guys forgot about that in qatar. and the internal logic of letting this thing unwind is the goal in getting bergdahl home. they didn't think beyond a photoop. >> they may have not looked at the recidivism rate of prisoners rearrested and detailtained on the battlefield. gentlemen, we'll have to leave it there. thank you both. >> in the meantime all eyes one waas voters head to the poll to

determine who runs to the seat of retired senator harken. it is the key for the republicans taking over the senate. here's more on this, carl? >> hi, jenna. this is the biggest single primary race and we'll be halfway through the total primaries and half of the nominees would have been selected. here in iowa, there is a state senator managed to knit together the likes of sarah palin and ted cruz and the insurgent wing of the republican party going against the establishment. and no less than the super pac and mitt romney and others. >> and tonight, it is it a five- way race. and in this state you have to get 35 percent of the primary vote in order to escape going to a state convention where there

is state delegates that will gather. this does not compare about the tea party versus establishment. she put together a unified coalition and marco rubio campaigned with joni ernst. i asked if the labels apply? >> i am a strong conservative leader. that's what we are looking for. someone to be in charge and make decision. >> i never accepted labels from the media. i think the republican party is a conservative party and i think that america is a conservative country. >> and midterms is a key state in presidential politics and back in 2012. and mitt romney and ron paul got the share of the delegates in iowa and earlier this year,

republicans purged the republican party and reinstated more mainstream establishment types. and here the idea of a battle is a redundancy to many conservatives. and what the gop decided is fine. they are looking for a defeat of bruce brailly, a sitting congressman. we'll see what happens, carl. american is asking questions and we are curious about what you think of summer super tuesdays. there is key races as carl mapped out for us. head over to our live chat. >> and here is something that is not debated on capitol hill every day. a proposed amendment to the constitution. it would attempt to change campaign finance rules and limit the influence and money on so-

called super pacs. senate majority leader harry reid called it the biggest threat to demacy than he has seen. and ted cruz called it an attack on free speech, listen. >> this amendment here today, if adopted, would repeal the free speech protections of the first amendment. this amendment would give congress absolute authority to regulate the political speech of every single american. with no limitations what so ever. and this amendment is about power and it is about politicians silencing the citizens. and keep in mind. it will probably never pass. and must be approved by two-thirds m three- quarter are state must affirm before it

takes affect. >> new warnings about obama care. and it could soon be in jeopardy and the teenager that flew across the pacific in the rear wheel of the commercial jet. and then there is this. >> oh, dam! >> that is train versus tractor trailer. and what happened here. still ahead. okay, listen up! i'm re-workin' the menu.

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>> a dramatic crash in florida caught on camera >> that semi's going to be hit by the train. >> that might be a new correspondent. good voice over and described what happened. that is a train slammed in to a tractor trailer. it stalled on the tracks. a florida teen started recording and luckily no one was hurt. the watermelons, jon, suffered severe damage. >> not good for the water molons. >> and many americans have to switch doctors with the roll out of the new health care law. obama care could force the end

of employer provided insurance. washington correspondent jim angle shoes why. >> it may lead to the end of employer provided insurance. several analyst remember that mr. obama had this process. >> if you have health care already and probably the majority of you do, you can keep your plan and if you are satisfied and your choice of doctor. >> that turned out to be false and forcing the president to back track. meanwhile, mr. obama was critized when john mccain proposed to give everyone american a 5,000 tax krut in lou of insurance. senator obama pounced arguing that mccain would tax employer

insurance for the first time ever. >> it would lead to the unravelling of the employer health care system. >> barak obama accused john mccain of proposing health reforms that undermine the employer based system. and now we find in obama care it may go further than mccain envisioned. >> and that is because analyst of all stripes are predicting the end of employer health insurance before the end of the year and it will be cheaper to pay the fine than offering insurance that much or more. and they will bump up the worker's pay to cover the cost of the exchaefrj and it is irs recently ruled that health reimbursement and tax- free money to employees will no longer be tax- free for those on the exchanges affecting 10

million people. and so even though the president once swore off messing with employer- provided insurance his policies are doing that. >> he got four pinoccos from the washington post, did he not? >> racked up more than a dozen over his statements on bum pumcare. >> we chuckle but it is a mess. >> kind of looks like that truck on the track filled with watermelons. >> there are similarity ares. >> and friend of the boston suspect facing a judge today and why he said all of the statements he made to the police should be thrown out of court. and we are learning about the stou away that survived a flight to hawaii. >> we have a guy who is coming out of the landing gear and we have security in there. sfx: car unlock beep.

vo: david's heart attack didn'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.

>> an update on a story. the fa a releasing new audio recordings of a pilot talking about the stowaway in the landing gear. a run away climbed in the rear wheel of the closest plane and managed to survive the six- hour flight to ma ui. >> a guy is stowing away in the landing gear from san jose to maui. and we have security in there. >> roger. you need any assistance with that or you guys got it?

>> no plenty of security here, mechanics. it is all waiting to go. >> the boywas hospitalized for two weeks in hawaii and flown back to california where he was placed in the custody of child protective services. >> and a friend of the boston suspect wants to suppress evidence. the 20-year-old saying that the epglish is not so good and any statements he made to the police should be thrown out. >> the hearing is wrapped up and the judge has yet to make a decision on the evidence tossed out or kept him. it aims to prevent the statements to be used in the legal trial. he signed consent forms to talk to fbi agent and he can't recall

them and agents saying he was free to leave in questioning. his language skills are good enough to understand. and he spoke english and sent text in english and set up drug deals and selling pot to cover the cost of marijuana use. regarding school work he denied writing a single paper on their own. they called the barracks and no one in law enforcement told him about the call. the judge said it was not relevant. and noting the thing that triggers a lawyer is a person in custody and asking for a lawyer. he did not ask for a lawyer but agents if he needed one. he would have to decide for himself and he was not under arrest and told by the agents

that they needed his help. he was taken into custody on visa violation. and obstruction of justice charges were soon to follow. he is not accused of having known about the marathon bombing or participating in it. jenna. >> molly, thank you. >> so there is more fallout from the controversial swap of sergeant bergdahl for five taliban commanders. why they legitimized the terror group by agreeing to the exchange. and why one of the most famous nfl players of all time is going after the organization that helped to make him a household name. the day we rescued riley, was a truly amazing day.

without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people take care of the things that matter most. join today at angieslist.com

>> fwook the top stories growing concern over the prisoner swap freeing five taliban commanders in exchange for sergeant berg dachlt those five men received a hero's welcome in qatar. it might help legitimize the terrorist we have fought since 2001. >> reporter: the state department briefing reporters asked about the taliban office in qatar and the degree with which the u.s. will deal with

that office in the future. the administration hopes it is the beginning and not the end of the conversation. >> this was the only issue discussed with the taliban through a third party as you know from the reports this weekend. we are hopeful that it is it an opening and we have received no assurances to that. >> reporter: the negotiation for all five members of the taliban considered by the u.s. military to be high risk of returning to terrorism and further legitimizes the teror network. republicans are not buying into the explanation that qatar handled the deal. >> with a straight face they will say we didn't negotiate with the taliban and qatar did? dow really believe qatar did the negotiation? of course, it was the united states of america that was doing

it. >> they said the u.s. must resolve the issues with the taliban because they can't be held indefinitely. >> this conflict in afghanistan is winding down and we would be required under the traditional laws of war to return people who we've detained. it is a reasonable deal. >> there are circumvented efforts to stall the peace process between the government of the stab stan and taliban. >> hall of fame quarterback dan marinno joined the lawsuit against the national football

league claim that this league anyhow about link of concussions and long- term issues. this is the existing class action lawsuit that dan marinno is joining. what difference does it mach that dan marinno is involved? >> it doesn't. >> you don't think it is an impact? >> a little. back in january, there was a proposed settlement of 775 million and a federal judge turned it down. the court has to approve the settlement. >> it was 20,000 and not just the people in the lawsuit. it is not enough money, jenna for all of these people. >> from what i saw, the judge wanting to make sure there is going to be a viable system to evaluate and screen and provide health care. >> you think dan marinno is a game changer. >> absolutely.

you have someone who is respected and pie the way, nfl, you didn't tell us, not just me, but tell us about the dangers of the concussions and but the heading and all of that. >> two dry legal problems and i don't want anybody thinking that he didn't think it should be cared. one is assumption of risk. it is reasonable that you could face serious injuries. and cause action. and now i get sick and how do i prove it is from playing football. >> one of the thing that made dan marrino is he dourability as a player. >> and even in the filing, he didn't say i am having the issues because of a concussion. >> that's when you bring in the experts. it is not going to get to a trial. the nfl doesn't want the bad

publicity and press. they don't want that. assuming it might cause you an assumption of risk. experts for there and they didn't assume the risk of negligence by the nfl and saying go out there and use the helmet. and the point is, they didn't properly warn us. it is it a secondary question. it is dangerous, guys and so take your choice play football for a million. and the issue is, they should have warned them. >> and the issue is apparently according to the claims from the class action suit that the nfl should have been warned and they didn't. >> therefore you get in the assumption of risk. if they knew what was going on and what could be happening with the concussion and didn't tell the players so they can make a informed decision. >> and that is a quick sign. >> and that was already on the table. >> and the judge turned it down.

and is that a foregone conclusion. >> and i think the judge wanted more implementation of screening. >> he was worried there is not enough money for the players, not only in this suit. it is a lot of money. >> and more when you are thinking about people that are incapacitated. >> and we'll see what happens for here. >> dan marinno is the game changer. >> and it is great to see you, thank you. jon? >> it is summer super tuesday. and our coverage of the primary continues and we are following a race in california where voters are heading to the polls to find out who will face off against governor jerry brown in november. adam houseley has more. >> reporter: yeah, jon, it may be an embarrassing low number of voters.

they expect 60 percent of the ba ballots to be mailed in. numbers are expected to be low. california passed a top two tier citizen and eliminated the primary system. and jerry brown cast his ballot today. he will face the former u.s. treasury official and supported by mitt romney and others. and he is trying to appeal to moderates and put a lot of the money in the race and appeal to cross over democrats. he is facing off against a republican. tea party backed republican tim donly and it is a virtual dead heat as they fight for the the second spot. donly is a gun's right advocate and on proviation for carrying a pistol on a flight. and another race watched

nationally is the 52nd congressional district down in san diego. a popular candidate that is an openly gay republican and going at both sides of the party. he is challenging democrat scott peters and a close race there and people are watching that one throughout the year. scott ports taking on. and remember women's right advocate. sanda fluke thought about running for congress here as henry waxman is retiring. she changed her mind. she is running for the state district up against eight candidates. seven democrats and one who decided not to commit. that case is watched as she runs for that seat. money, as you imagine is a big deal in california. a lot of the cappedidates and spending a lot of money.

and that is the top two in november. and that is from the local races. and that is for they are super visor races as well. >> adam housely. and promising new research. and why chemo therapy used early in treatment could help patients live longer. that is next. starts with back pain... ...and a choice. take 4 advil in a day which is 2 aleve... ...for all day relief. "start your engines"

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to get the right care and guidance. (anncr vo) that's health in numbers. unitedhealthcare. >> i am gretchen carlson. senator marco rubio is going to be here. would he have done what president obama did with regard to the prisoner swap. two preteen girls are charged in the stabbing of a 12-year-old. and plus, what happens in a courtroom when a judge challenges a public defender to a brawl? luckily we have the courtroom video and it is almost time to get real. >> and a new study could rev lougzize the way doctor it is treat prostate cancer. men who chose to have chemo therapy after the diagnosis tended to live longer. the doctor samati is chairman of

urology and chief of robotic surgery there. and it is exciting news and it does change possibly the long- term and long- held bloef of how to treat prostate cancer. >> we want people to know that for early disease of prostate cancer. surgery and radiation is the way to do. and you are follow with the robotic surgery. but advanced cancer that are gone outside of prostate possibly metacicizing. and that's what we are talking about. aggressive prostate cancer? >> we are using the chemo therapy. and this came out. american clinical society for cancer and what they are finding. if you give hormones and chemo as opposed to horr monol you have 14 months of survival benefit. and for those men who have a high volume of cancer and

advanced disease giving chemo therapy before hormone system beneficial. >> is this the same as they have with lung cancer. >> this is a kind of chemo therapy that a lot of people can really adapt to it. and there are side affects and that is why the men don't want chemo therapy. every time we talk about chemo therapy. we want to take hormone treatments to go over the testostroen. and i think it is going to change the way we practice medicine for advanced prostate cancer. and early stage organ confined surgery is the way to go. >> and thankfully i haven't had to deal with prostate cancer at all. my brother-in-law had a mild case and other guys get cases that are off of the charts. >> i am glad you brought it up. that's what prostate cancer is

the and why i went to prostate cancer 911.com. there is so much information out there. and if you are diagnosed with prostate cancer and send your information and we are giving free information to people to know if they should go to surgery or chemo or not. dependoth type of prostate cancer it is different type. >> that may be the way to go. jenna? >> and cancer survivor not letting her struggle break her sprint. the woman finishing the marathon in record time. and she's 91 years old and going to be talking to us live right after the break. a couple of times, i was like i don't know if i can make this. it got easier and in the very end, i finally got enough energy to run and make the final push.

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*? 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™. sfx: car unlock beep. [ bottle ] ensure®. vo: david's heart attack didn'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.

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here's the story that proves you're never too old to reach your goal. 91-year-old harriette thompson competing in the rock 'n' roll marathon. she finished the race in just over seven hours, record pace. doing this after recently undergoing radiation treatments on her leg. so she's our hero of the day. she lives in charlotte, north carolina, and she's joining us live on the phone. harriett, you truly are a hero. how are you today? are you sore after this marathon? >> no. it's amazing, i'm just so relieved and i don't have any aches or pains. so i'm real pleased. >> what do you attribute that to?

>> i think old age and -- i don't know what it is. maybe i just don't have any feeling anymore. >> harriette, we're looking at great photos of you during the marathon. you look great. this is your 15th marathon and you started to run these races after you turned 76. do i have that right? >> yeah, it was the year i was 76. i wrote to my friends asking for money from the leukemia society which does research for these cancers. i told them, it must be the spirit of 76 that's moving me to this. but i was able to go to that first marathon, thinking i was going to walk it. and everybody started to run. so i started to run with them. and i ended up coming in and they had a seven-hour cut-off. and i didn't realize that you

weren't competitive unless you were under seven hours. and i ended up not realizing anything about the cut-off. i got a trophy at home about a month later. and it was amazing. it said that i had won in my age group. and i had come in at six hour and 59 minutes and some seconds. i barely got in under the cut line. >> we just showed video of you running. you're moving along pretty good. you said really until mile 17, you didn't doubt you were going to complete the race. a lot of people just having trouble getting motivated in general to exercise. what keeps you motivated? >> well, constantly being active. i've never really been inactive except when i've had to be in the hospital when i had serious

cancer in my mouth, i was in the hospital for a while. but normally, i'm -- i enjoy exercising and doing things. and i practice the piano a lot. and that's a discipline that carries over into the running. >> and it's my understanding you only ran six miles before you went out and ran 26 -- >> i know. that was sort of ridiculous. that's why i was a little leery if i could do it. >> well, you did it. i have a personal question for you. we showed a photo of you because your son, one of your five children, ran with you the race -- the marathon on sunday. and i know you have ten grandchildren. i'm a runner myself. but i'm going to be a first-time mom in a couple of months. i was just wondering, do you have any advice on how to make sure that your children run marathons with you later in life? >> well, i didn't plan that. in fact, i think my two suns have bolte run with me out in

san jose -- san diego. but i just thought -- i think everybody when i was growing up and when i was an adult, there was one man in charlotte who ran that everybody thought he was crazy. well, then when people started to run, realizing the health thing -- it really keeps them in good shape, i started to run. and that was about 1978. and i just ran around the block. >> sure. >> and i didn't do any serious running at all. but i think if your little child is motivated by you running, then i think it carries over. >> well, i think that's great advice. i really appreciate it. i know you got the trophy for the marathon. but you have a trophy for being the top guest we've ever had. don't you think? >> she is right. >> you're so said. >> thank you so much for the inspiration today.

>> we have to go running. >> there you go. >> we'll be right back. when it comes to good nutrition...i'm no expert.

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first prescription free at mybreo.com you're going to learn a whole new kind of running when the baby comes. >> i think i've already realized that. thanks for joining us. >> "the real story" with gretchen carlson starts now. we start with a fox news alert. president obama staying strong on his decision to swap sergeant bowe bergdahl back for five of the worst of the worst from gitmo dubbed the terrorist dream team. i'm gretchen carlson. hope you're having a great day. welcome to "the real story" today. the president making his comments during his trip to meet with european leaders in poland. but his comments not stopping the flurry of questioning about exactly what happened the night sergeant bergdahl was captured. something the president calls now irrelevant. chief white house