click or call. >> set your dvrs, six of set your dvrs. live right here. see you tomorrow night at 9:00. i'm megyn kelly. and welcome to "hannity." this is a fox news alert. more details continue to emerge about the night sergeant bowe bergdahl walked off his base and was captured by the taliban in afghanistan. bergdahl left a note explaining he was disillusioned with the u.s. army and, quote, being an american. president obama, he defended his administration's decision. let's take a look. >> regardless of the circumstances, whatever those

circumstances may turn out to be, we still get an american soldier back if he's held in captivity, period. >> president obama is in poland on a four day european trip. for more reaction, we turn to ed henry. >> the president is here in europe all week trying to reinsure allies that we are there for them in russia invades. on this foreign policy issue, you have not just republicans, but democrats charging the president broke the law by not giving congress a 30-day notice about this prisoner swap. number one, the key rule here to him is that the safety of an american soldier is the most important aspect of it.

you also heard him say the circumstances basically don't matter. he went on to say that even if these five taliban commanders wind up back in the battlefield, the administration will hunt them back down. >> i wouldn't be doing it if i thought it was contrary to american national security. we have confidence that we will be in a position to go after them if, in fact, they are engaging in activities that threaten our defenses. >> i don't think the american people want the lives of their men and women in the military at risk on the premise that we could go after them again. is that the american national security policy? >> in fact, the "washington post" out with a new quote today suggesting that his handling of foreign policy has dropped down to 41%.

you have the top two senators on the intelligence committee saying they were not notified in advance of this swap. they believe the law was broken, particularly diane feinstein saying she's gotten a letter of apology from the administration after the fact, but she's going to be digging in trying to get more answers. >> the taliban terrorists, they seem to be received as heros. they seem to be running free. the president obama did contradict jay carney's statement from yesterday saying, hey, they're not a threat. the recidivism rate is high when we release these prisoners. >> the president said he realizes these five prisoners may go back to launch jihad but saying the u.s. will be monitoring them and we'll stay

on top of it. after hearing that statement from the president, these prisoners are going to be removing freely around qatar. after a year, they're going to be able to leave qatar. this senior gulf official saying these five taliban prisoners can in a year go back to the battlefields in afghanistan. >> thank you. we appreciate it.standing by at pentagon with more details about this note that sergeant bergdahl left the night he walked off the base in afghanistan five years ago. >> according to members of bergdahl's unit, there was a letter left behind by him in which he talked of being disillusioned with the u.s. army. that is the characterization of

the letter by those who have seen it. it has not been provided to us. they are not aware of any letter. that investigation did conclude, however, that bergdahl willfully walked off base. we are being questioned as part of a new investigation announced by the army secretary today and the chairman of the joint chiefs of staff said he would not rule out investigating bergdahl for desertion. he urged people not to rush to judgment. quote, in response to those of you interested in my personal judgments about the recovery of sergeant bowe bergdahl, the questions about this particular soldier's conduct are separate from our effort to recover any u.s. service member in enemy captivity. this was the likely the best, last opportunity to free him.

when he's able to provide them, we'll learn the facts like any american. he's innocent until proven guilty. bergdahl has not yet spoken to his parents, sean. and the army chief has not issued any statement since bergdahl's release. >> the father said i don't think my son is used to speaking english. and he spoke to him in what he thought was the language he would understand, which was a form of arabic. this letter is separate and apart from the e-mail he wrote his parents where he said i'm ashamed to be an american. >> that is according to his unit mates. it was not part of that large army investigation that took place in 2010. >> thank you so much. at times the military did

have, quote, good indications about where sergeant bergdahl was being held by the taliban. special prayi let's not forget six soldiers, at least, lost their lives searching for sergeant bergdahl. thanks for being here. what can you tell us about it? >> it is kind of perplexing to watch all this unfold right now because the case of bergdahl has been really very well known within the clandestine community in washington and the special forces community in the last five years, since he walked off. they have known from the beginning that that's what happened, that he left his post and had drawn up rescue missions.

resulting in the death of about six u.s. soldiers in afghanistan. moving up the chain of command, special forces figured out roughly where he was and began drawing up mission plans to do a clandesti clandestine commando raid to take him, everyon figuring out the number of soldiers guarding him. those plans were shelved because there was a sense that the price was too high for going after someone who was deemed by the pentagon to have walked away from his post. you have to ask yourself if an american backpacker who wasn't involved in the u.s. military had gone missing in afghanistan around the same time and found to be held by the taliban, would the most elite special u.s. forces launch a raid and get

involved in combat to try to rescue that backpacker? you're going to find the answer is no. >> i spoke to the mother who lost one of her sons. she's very angry tonight. for more on this developing story, we turn to leah gabriel. you served in the military. >> yes. >> you were a navy fighter pi t pilot. let me start with the father and then we'll go to son. let's go to the father in the rose garden while he was there citing the koran. >> i would like to say to bowe who is having trouble speaking english, i'm your father, bowe. the people of afghanistan, the same. >> problem speaking english? that's odd to me. >> it seems really strange.

i also served as an intelligence operator in afghanistan with seals. i've had some experience working with the afghan people. he may have been trying to show some solidarity throughout this time with the afghan people. >> at this point, his son is released. >> right. >> he went on to use a phrase that thanked allah. that's odd. his son is free. >> it's odd. it may be misguided. this is a father who has been missing his son for many years. he said he was trying to relate to his son. at this point, i'm waiting to hear more. >> maybe that's more applicable. let's go to a video. here's part of what he said. >> strangely to some, we must also thank those who have cared for our son for almost two

years. we know our son is a prisoner and at the same time a guest in your home. we have wept that god may show his mercy and that his peace may come upon the people of afghanistan. [ speaking in a foreign language ] >> earlier he said, you have lost much. i feel sorry for your loss. the loss he's talking about is the terrorists who have killed americans. >> this is very upsetting. there needs to be some sensitivity here. but i will also say these videos he's making are propaganda. just like the videos that were made of bowe bergdahl by the taliban. those are propaganda. >> that would be applicable to

2010, but not necessarily the rose garden, right? >> right. it seems he may have gone native to get his son back. >> he tweeted, i'm still working to free all gitmo prisoners. god will repay for the death of every afghan child. i'm reading this and thinking what about every american who lost life in that effort? >> this has to be very offensive to victims here in america and those who have served. this is a man who lost his son. i would be careful to criticize him in the efforts to get his son back. >> the u.s. army is the biggest joke the world has to laugh at.

it goes on to say the few good sergeants are getting out as soon as they can. they're telling us privates to do the same. then he also said, i'm sorry for everything here. these people need help. yet what they get is the most conceited country in the world telling them they are nothing, they are stupid. i'm ashamed to be an american. the title of u.s. soldier is the title of fools. from your background, being in the navy, being an f-18 fighter pilot, we lost six americans looking for what a deserter. i've talked to these guys. it was well known he was a deserter. was it a mistake? >> this looks really bad. this is something that any parent who has lost a child is going to be really upsetting.

his father wrote back to him in an e-mail, obey your conscious. that was three days before he left. there's a lot of information i want to know about what this guy was doing. there's a lot we're going to need to find out here. >> look at the recidivism rate at gitmo, 16.5%. >> this is one of the biggest questions i have is why these five people for him. there really needs to be some very solid evidence for the decision. why they decided to give up these five guys. i spoke with a former cia officer that i served with in afghanistan today. this is such a problem because we have worked so hard to find these guys to capture them -- >> and people died for them. >> to go right back there -- >> my prediction and i pray that i'm wrong is that all five of these go back to the battlefi d

battlefield. coming up, was sergeant bergdahldeserter? you're going to hear from someone who served alongside him in afghanistan. that and much more as this busy night on "hannity" continues straight ahead. what'd you guys do today? the usual! the usual! [ male announcer ] osteo bi-flex, ready for action. before those little pieces would get in between my dentures and my gum and it was uncomfortable. [ male announcer ] just a few dabs is clinically proven to seal out more food particles. [ corrine ] super poligrip is part of my life now.

welcome back. there's mounting evidence tonight that newly released sergeant bowe bergdahl was not only a welcome back to "hannity." there's mounting evidence that bowe bergdahl was not only a deserter, but he may also have been collaborating with the enemy. my next guest is speaking out about his platoon mate. thank you, sir, for being with us. >> thank you for having me. >> all right. everybody that i talk to believed he deserted. is there any dispute about that? >> no, he deserted his post willfully and purposefully. >> earlier today, the parents are angry because why were we searching for a deserter. we lost six american service people searching for a deserter? >> yeah, it doesn't make any sense whatsoever. we spent 90 days after he

immediately left. there was extra assets brought over to us. there was increased activity on the ground. it made it very easy for the taliban to basically pick and choose what targeted they wanted to hit. it was just a field day for them with so many extra units in the area. >> jennifer griffin was reporting earlier he wanted to renounce his american citizenship left. was there a letter left? >> i don't know of any letter like that. i think it goes to show that he wasn't satisfied with being in the army and that he wanted to get away. by getting away, he premeditated left his post. he walked away under his own will and conscious. >> when these other platoon members died searching for him, what was the reaction of your platoon? >> very, very frustrating.

here we are wasting so much more extra energy and time and blood, sweat, and tears for someone who purposefully walked away and didn't want to be found. we were chasing a ghost around eastern afghanistan for at least 90 days immediately following his disappearance. >> were you told not to discuss this publicly at the time? >> there wasn't really enough time. we were busy driving from information spot to information spot from village to village. we didn't have enough time to talk about anything. and the little time that we did get back on big army bases, yeah, we had to sign a document saying we weren't going to talk about it. >> you had to sign a document? >> yes, sir. yes, sir. >> wow. what is your reaction? they're calling them the dream team, the taliban five. what is your reaction in this trade the president made? >> it's very frustrating. i'm not going to comment too

much on this dream team five, but bergdahl being traded for these five taliban individuals and coming back to the united states and being treated as a hero, that's incredible frustrating and infuriating. because there are men and women, especially men who i knew in afghanistan who died looking for him. those are the heros. bergdahl, who walked away who deserted his post, he's not a hero. >> do you want him court marshalled amarshal -- martialed and tried? >> he needs to be held 100% accountable for his actions. >> thank you for serving this country. i'm sorry you lost platoon members because of this. i appreciate you telling your story. joining me now is a friend and former roommate of sergeant bergdahl and also his former

ballet instructor. thank you for being here. >> thank you very much. >> i didn't know he took ballet. how long did he do that? >> he started when he was about 17 until he was about 22, 23. >> did he ever express any opinions about america that you found troubling? >> not the entire time we were roommates. >> what about the decision when he decided to sign up and serve the military? what was his reason? >> we went to lunch one day and he told me he had signed up and he was leaving within 24, 48 hours to go to basic training. i wasn't surprised by his decision to do this. it wasomething i think he felt he wanted to do and should do. >> how well did you know his family, his father? >> i met them and became closer

to them after he was captured. before that i knew -- because of being roommates, i knew his parn parents, but i have become closer to them since this whole thing startstarted. >> what's your reaction when you hear his father praising allah in the rose garden? what's your reaction when you hear the person you were so close to he's ashamed to be an american? what's your reaction to 2that? >> i don't know what to think. i don't know his mind at that moment. it could be someone frustrated with his job. when you join the military, that is your job. i'm not sure any american, any person in general, has ever been 100% satisfied with their job and not had a bad day where they have said they wanted to quit,

they wanted to kill their boss. we all have those days on the job. >> when you hear that your friend was a deserter and that other men died searching for him and you heard these comments he made, does that change your opinion of him? >> until i hear what actually happened and what was going on, you know, at the time, i'm reserving judgment. i'm very sorry for anyone who lost lives or anytime during this war or before, but until we know what actually happened i'm reserving judgment. >> even though almost everybody he served with said he was a deserter, you're not believing them? >> you know, i can have an opinion and say what i want to.

yes, he did walk off the base. by technicality, that does make him one. but we don't know the circumstances -- >> but he did write his father that he's ashamed to be an american, that america is disgusting. >> i believe that. i don't know his frame of mind at the time. i don't know if he wit was something -- maybe there was something that snapped or broke that needed to be fixed that maybe somebody on the base overlooked. >> okay. thank you for being with us. up next, hillary clinton is defending the administration's efforts to negotiate with terrorists. i'll ask rick perry to respond to that. much more as this busy news night continues here tonight on "hannity."

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i didn't want to have clothes on. i didn't want to have clothes off. if someone asked me "let's go dancing" that would have been impossible. >> wel welcome back to "hannity." last night hillary clinton made her stance on this bergdahl prison exchange known. >> a lot of our closest allies do prisoner exchanges to get our p.o.w.s back all the time. the idea that you really care for your own citizens, and particularly those in uniform, i think is a very noble one. >> here with reaction is rick perry who may be facing her in

2015. is the equivalent of what difference does it make if he was a deserter? >> we hear a lot out of this administration saying what difference does it make. here's the bigger concern for me. what this done to take the va off the front page of the newspapers? an absolute debacle that we've seen this administration not taking care of the men and women of our military. the congress didn't even know about it. when diane feinstein and the republican counterpart are both saying that laws of our country were broken by the president not even giving them any indication that they were going to do

this -- the question is what is the strategy here? what the foreign policy that's going into place here? is it is really troubling when you see the president of the united states. >> he lost his life searching for a man that everybody knew had deserted. i have spoken to many people in his platoon. i spoke with his mother today, his wife who gave birth to their daughter three months after he died and had a 2-year-old son from dallas, gave his life looking for him. they knew he was a deserter. is that a mistake and what do you think of the trade itself? >> obviously, this is incredibly troubling. if the military leadership -- if the administration did not have

a better handle on this when we hear these conflicting stories out there, if they knew about this -- >> they did know. >> there are a lot of questions that are incredibly troubling to the american people. they need to come clean and tell us what happened. tell us why they really went forward with this. >> and why did that circumvent the law as we discussed earlier? >> absolutely. >> and these were the five worst at gitmo. >> that gets to the core of the foreign policy debacle out there. every man and woman in uniform is going to be trade bait. >> thank you so much for being with us. coming up next, colonel

oliver north, he knows a thing or two about all this. he's going to join us and weigh in. is the president admitting now that he broke the law? we'll check in with a constitutional law professor jonathan turley.

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earlier today, president obama defended the prisoner swap. >> this is what happens at the end of wars. that was true for george washington and abraham lincoln and fdr. that's been true for every combat situation. that at some point you try to make sure you get your folks back. >> colonel, i did speak to the mother of darren andrews. he had a 2-year-old son that he left behind. i told him about the freedom alliance and that you'll give them a call. >> thank you, my friend. >> i don't know what to say anymore. it takes my breath away. >> that's the bracelet of bowe bergdahl with his date of

capture, 30 june 2009 that i've worn every day since he was captured. >> you were wearing that bracelet the whole time? >> oh, yeah. i've had it on nonstop. it's now off. first of all, unlike what mrs. clinton said and chuck hagel said and the president has said, bergdahl was not a prisoner of war. they've been taking captives for ransom for decades. this is how wars end. that's true if we consummated some kind of agreement on ending the conflict and he's cited several examples that are all true, but the war was over. maybe this president thinks unilateral surrender needs to

happen to end the war. if a ransom was paid at our behest or with american tax dollars, it means the government is funding a criminal enterprise that kills americans. why were the five taliban detainees released from gitmo? what assurance do we have to keep them from reentering the battlefield? does this president realize that having announced the terms of this exchange every american, not just those on the battlefield, every american traveling overseas becomes vulnerable to kidnapping and a senior u.s. officer in the ÷ the united

states in his chain needs to stand up on his hind feet and convene an article 22 investigation. it's the only way to get sergeant bergdahl justice. either exonerate him or condemn him. everybody needs to be saying things under oath. that's why i asked for a court martial when i was going through my ordeal back in the 80s and it's why the special prosecutor wasn't about to give me one. >> you think they wanted money too? >> that's all they wanted. i know a lot about hostage negotiations. it's not right to say we have never negotiated with the enemy.

thomas jefferson paid $60,000 in ransom to buy u.s. citizens from slavery. that's the way it works. the reality is they never talk about it. ronald reagan didn't. this guy shouldn't. it's a disaster the way it's all come out. >> thank you for being with us. the white house is now apologizing for failing to alert congress about the bergdahl swap. when we come back, jonathan turley, he's here to talk about the legal ramifications of that bombshell. also later, my great american panel are here to weigh in on all the contradictions from the white house. that's straight ahead. 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.

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welcome back to hannity. the obama white house is welcome back to "hannity". the obama white house is now acknowledging it did not properly inform congress before it made the bergdahl swap. here now with reaction, jonathan turley. you said it was illegal. you also said we were at a

constitutional tipping point, that this is basically standard fair for this administration. explain. >> unfortunately, this that has become somewhat of a mantra. the president has decided he will not comply with federal law. even though one could agree with many of the policies that this administration holds, the means it is selecting is very troubling. the president admits he chose not to comply with federal law. we've heard various justifications and rationales for failing to comply. >> we do have coequal branchs of government. separation of powers. you teach this regularly. you agree with the president

politically. for you to say we're at a tipping point constitutionally, i agree with you. what does it mean that they're ignoring it? >> our system is changing and it's changing without a debate or a discussion as to what we're going to do in the future when we have a three branch system but one branch is so dominant. what is emerging is an example of where the president can act unilater unilaterally. this president has indicated he is just not willing to comply with some of those aspects. he told congress he would go it alone. if our system, you're not allowed to go it alone. >> if i broke the law, i would

be the first person they cart off to jail. paranoia or truth? >> the biggest problem we have is that the system itself, if we have a dominant branch, simply begins to shut down in terms of the safe guards. the separation of powers is not about the power of these branchs. it's there to protect us against the creationcentration of power. barack obama is the president richard nixon always wanted to be. he's been allowed to act unilateral unilaterally. >> thank you for your insight. when we come back, our great american panel to weigh in on the prisoner swap. and there's help.

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gop race. in mississippi, it's a nail biter. the race is just too close to call. now back to "hannity." for all your days headlines, log on to foxnews.com. yesterday, jay carney claimed the five gitmo detainees freed were not a security threat. now the commander and chief contradicted jay carney and said absolutely there's a possibility they will, in fact, return to the battlefield. here is any great american panel. how does jay carney say one thing one day and the president contradict him the next day? >> it is a difficult thing to do. any time a president goes on a

foreign trip, something bad is happening at home. after he did this, he had to say there's a possibility they will go to the battlefield because there is a possibility. >> they can go back to the battlefield in afghanistan. after a year in qatar, they may hop on planes everywhere. they can walk around and do as they want. they can make phone calls to make money. they can do online trading. they can vanish. they can do a lot of damage by sitting in offices and do what they do. >> today said we didn't negotiate are terrorists, that's a lie. j i'm tired of being lied to. >> you swap prisoners.

it's not the end of a war. do you wait until a war is over before you start swapping prisoners? >> this president doesn't recognize radical islamist terrorism is a clear and present danger to the united states. >> you have to give him credit for some of the things he's done like the drone program. there's not report out today that not only are the former gitmo detainees are free to go around qatar, we gave them an assurance we would not be following them. i'm hoping that's not true. >> the president today said we would keep an eye on them. this was the good war that he said we ought to be fighting. the objective was to get

americans out. >> there's a war in afghanistan, but the bigger war and the war where detainees are held in guantanamo is the war on terror. the terrorists don't want our land. they our ideas and for what we are. i'm not saying president obama doesn't understand that, but they completed miscalculated the response. >> they thought they would be heros. >> this is a big victory. this was described as a huge and vivid triumph. >> he's right. >> islamic terrorists around the world are high-fiving each other and laughing at us. that puts us in danger of being killed. thank you very much, obama. >> tomorrow night the wife of one of the brave soldiers who was out looking for the sergeant is going to join us. his 3-year-old baby was born

three months after that sergeant died. it's coming up on tomorrow's show. that's all the time we have left. record "hannity" the series. thanks for being with us. we'll see you back here tomorrow night. ws alert. there is new evidence sergeant bowe bergdahl could be a deserter, fox news confirming that he left behind a disturbing note when he walked off base in 2009. jennifer griffin joins us live from the pelc. jennifer? >> greta, pentagon officials who have scoured through the army's 15.6 report. that's the report into bergdahl's disappearance into 2010 say that they could not find any reference to bowe leaving a letter behind before leaving his base. but members of his unit have talked of a letter in which he spoke of being disillusioned with the u.s. army and wanting to renounce his citizenship and indications that he was seeking out the