bergdahl over to a navy seal m team he walked on his own several hundred feet to the united states. bergdahl doesn't look that much different than he did in video the we have seen him in for years. the white house says his poor health required to take action so there was no time to notify congress about the loss. now capitol hill are upset about that. >> given the past briefing and concerns we had addressed, and these were from both committees and leadership of both committees the concerns were bipartisan. i strongly believe we should have been consulted, that the law should have been followed and i very much regret that that was not the case. >> now others on the hill want the details about the five

detainees that were made up as the other half of this secretive swap made public. >> i am going to send a letter to the president and i am going to demand that he de classify each of the classified files on these five individuals so you will have access to that and the american people will know what each one of these individuals was accused of of courses why they were being held at kw guantanamo. >> they know bergdahl willingly walked off but they don't know his intent yet. >> we don't know what happened in the time he was there. we don't know what happened. >> so there was no 30-day heads up from for congress about this swap. all senators will receive a briefing four-days after the fact.

>> peter doocy live in washington. lawmakers from both sides of the aisle question the league cality of president obama's prison swap senate majority leader harry reid is defending the move even going so far as blaming republicans for delaying of the release of the five prisoners. >> i think we should get them out of there as quickly as we can. they have been held up by republicans. i am glad to get rid of these five people send them back to qatar. >> lindsay graham says harry reid is just wrong. >> harry reid is disconnected from reality to a level i didn't understand. i wish they would have died in jail. there's not one shred of evidence that letting them go was based on the fact that they were no longer dangerous. these people were let go because of political reasons. they were traded for

sergeantberg dall. the likelihood of a united states person being kidnapped goes through the roof. never leave a man behind on the battlefield. this is the same president who was missing in action on the night of the benghazi attack. this is the same president who never picked up a phone to try to get our rescue team out of the airport in benghazi so they could help people under siege. this is the same president -- >> the returns are in for primaries across the country. all eyes are on the state of mississippi. the gop senate race there between incumbent babbs cochran and chris mcdaniels too close to call. we have the late night election drama. >> the race is a nail biter. it is too close to call as you mentioned. it has to be decided in a runoff

election. he is trying to win the nomination for a 7th term. his challenger chris mcdaniel is leading by a wirazor sin margin. >> this is a historic moment in the state's history. because of your hard work, because of your dedication, we sit here tonight pleading a 42 year incumbent. remember it is about the people. it has always been about the people. there is still a handful out there that hasn't been counted. >> the campaign says voting machines in some precincts have been counting. the votes in that county still need to be counted.

there is a personal race. some mcdaniel's supporters were accused of breaking into a nursing home taking pictures of senator cochran's bedridden wife. cochran accuses mcdaniels being a polarized figure bottom line is the national senator republican committee says it fully supports cochran and looks forward to a runoff. they hope to have 16 seats to gain control of the senate. >> kelly wright live for us. thanks, kelly. jody ernst winning the republican primary. he burst on to the national team with a sear res of tv ads in a race that could change the balance of power in the mid term. one of six senate seats.

>> t>> she is set for that election. former governor mike rounds winning the gop primary for the senate seat. the seat vacated by retiring democrat jim johnson. jeff spell tweets outsqueaks ouy there. he will face cory booker in the fall. out west montana senate race republican steve danes wins the gop primary. he will face democratic senator john ball-. in california overnight the top two vote getters there advancing in the race for governor. democratic governor jerry brown will face treasury secretary republican kneel tashkari in the fall. >> now to other news happening today. the marine held in a mexican prison for more than two months

expected back in court. a hearing was cut short last month when andrew taw moore rtay hir fired his lawyer. he took a wrong term with three legal guns in the back of his truck. his transformation in prison is heartbreaking. >> this is a guy that is completely humble, generous and would do anything for anybody, and to hear his voice just a brokenness that is hard, very hard for me. >> he was arrested at the mexican border march 31st. in a few hours a taxi driver who bought dinner for the accused boston bombers the night of the attack will be arraigned. he allegedly lied to investigators and then destroyed evidence about how well he knew dzhokhar and tamer lynn tsarnaev

and repeatedly contacted the brothers after the bombing. there's a final message dzhokhar sent to his brother. he told her he loved her and he would see her in the after life. >> more than 35 million americans in the path of this, a powerful storm bringing wild twisters to the midwest. >> call 911. looks like a tornado. >> 90 mile an hour winds ripping the roof of a hotel in iowa. massive hail destroying the siding of a home shattering car windows at a local dealership. check out this incredible photo a super cell forming in kansas. over in colorado thousands being forced out of their homes because of flash floods. more choices for veterans in medical care.

three republican senators proposing new bills that would give veterans more flexibility and choice in healthcare providers and as well as an increase in accountability at the va hospitals. >> if they can't schedule an appointment in a reasonable ality amount of time or live too far away to exercise the choice of getting medical care from any doctor or medicare or try care program. >> it will give the va the authority to fire sceneor executives based on poor job performance. >> president obama meeting with the man electeded to take over the ukraine. the country has been in crisis since froese -- protestors ore through the pro russian president last year. it marks the 21st anniversary of the first democratic elections

there. we will bring you that speech live. >> john kerry caught napping. remarks by poland's president putting the secretary of state asleep during comments yesterday. kerry said it was not a nap just a really long blink. >> if you thought it was cheaper to make your own coffee at home, you could be in for a rude awakening. get it? >> lauren simonetti is here to explain. >> i get it and i don't like it, heather. one of the biggest coffee roasters raiding coffee makers in about three years. the popular supermarket brands like foal gers and dunkin' donuts packaged variety will cost you 9 percent more. higher prices for coffee beans because of a fungus in central america and a drought in brazil. >> the company is working on a

feature that is calling end to end is an inscription that turn -- inscription that turned hers into a jumbled code. it's not available yet. google says this, once we feel the extension is wherready for e time we will paining make it av in the chrome web store and any one will be able to use it for end to end e-mails through the existing web based e-mail provider. finally for mom and dad car shopping parent's magazine they are out with their new list of the best family cars. these are not only safe but they put an emphasis on technology and space. mazda 3 got high marks and honda accord sedan has a favorite because it has a feature with blind spots. for suv's chevy traverse maneuvers well in tight spaces

and honda odyssey mini van with a built in vacuum. enough said right there. >> the time is 11 minutes after the hour. dan marino now says he didn't mean to sue the nfl. >> a child taken from a playground by masked men. now the men behind the video are finding there's a serious consequence for faking it. >> take a look at the weather around our country. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com.

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charged in federal court. this morning we know what scooped the fbi when they searched his san francisco apartment. they found all of the components of a homemade bomb, explosive powder wires for a detonate tore ball bearings and screws inside his messenger bag. materials they think were designed to kill. shocking new photos outside of a trendy new hotel. los angeles clippers owner donald sterling making racist comments. a new york man is charged with a hate crime in this attack. 40-year-old dominic serao shouted racial slurring at stiviano. >> casey kasem's daughter asking a judge to move her dad to a

nursing home. this amid new claims the 82-year-old has just 6 months to live. she is fighting back saying she could return to her step mom in washington state if doctors approve. he's at a medical facility there. >> dan marino calling an audible backing out of the concussion lawsuit against the nfl. marino says he authorized a claim filed on his behalf last year but never expected to be lifted as a plaintiff against the league. there are also rumors marino is trying to secure a front office job with his former team the miami dolphins. 14 other players who filed with marino are continuing the lawsuit. >> las vegas club goers get druged by a drink dispensing drone. women with sparklers cannot compete with this high flying bartender.

surprise guests over memorial day weekend de used a drone to deliver the drinks. it can carry up to 12 pounds. >> it is 17 minutes after the top of the hour a fox news alert. overnight video of doug bergdahl handover to america is released this after new questions over who bowe bergdahl is. >> facebook about to change the rule that is give millions of more people access and why parents aren't liking it. [ male announcer ] if you're taking multiple medications, does your mouth often feel dry? a dry mouth can be a side effect of many medications but it can also lead to tooth decay and bad breath. that's why there's biotene. available as an oral rinse, toothpaste, spray or gel,

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>> who is bergdahl before he went into the service. many people knew bergdahl before his army days. >> these pictures of bowe bergdahl show a different side of an american soldier. a complicated man accused by his unit of leaving post. he started taking ballet res sons at a local sued yo where he was introduced to buddhism and meditation. sherry runs the studio where he used to dance. >> knowing him there are lots of times here things would get crazy. all he wanted to do was walk up into the hills and meditate for an hour. >> born in sun valley idaho

march 28th, 1996, he was educated by his parents who raised them as strict calvinists studying religious thinkers and philosophers on 40 acres in idaho. >> i have never seen that character changed in the videos that are being released. he's a passionnal person. i think that bowe is a man of integrity. >> he had the best manners so insightful and ready to help. >> bowe fancied himself the real life bare grill star of the reality show man verses wild as was documented in a 2012 rolling stone profile. friends say bowe was not a passivist. he liked to shoot guns he joined the u.s. army to learn about other cultures. >> i am so proud of your

cultural abilities to adapt, your lang walling skiuage skill. >> he said in an interview before he was released quote he was not there for national security or not there because he lost a personal friend on 9-11, he was there because the way he was raised forced him to have compassion adding the war in afghanistan was sold to americans like bowe as quote some kind of peace corps. >> he began growing his beard when he saw his son had grown a beard in the proof of life videos. so far bowe has not spoken to his parents. heather, ainsley. >> thank you jennifer griffin. >> the girl charged in the killing attempted killing of her friend goes to court. children as young as 10 years old are required to be charged as adults in murder or attempted

murder. the two 12-year-old girls are accused of stabbing their friend 19 times and leaving her to die in order to please a fictional character they learned about on-line. >> the two brothers who staged this fake kidnapping at a park in washington state in april were just charged with disorderly conduct. if convicted both 25-year-olds were face maximum penalties of one year in prison and $5,000 fines for the misdemeanor. they are expected in court on june 12th. talk about incredible. the pilot of this plane making it out alive. michael martin was in the cockpit when he crash landed at a mcdonalds parking lot in monroe, louisiana. he had reported a problem with the plane's fuel shortly before the accident. an elderly florida woman missing for 29 days survived on granola bars and drips from old

soda bottles. rain kin who is in the early stages of dementia was spotted police after she collapsed on the side of a road. ra ran kin's daughter and mother made a makeshift camp in the nearby woods and survived eating granola bars and drinking the remains of discarded soda bottles. the military from several countries they don't know where it is but one woman might have had the mystery of the missing malaysian plane. what she claims she saw. >> a woman cashing a personal check from ronald reagan years later. the priceless reason she is selling this piece of american history. >> it could determine if she is a lose error a winner. what's the owner of triple troun find out in just a few hours. good job!

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>> handing over bergdahl has an investigation is launched into his disappearance five years ago in afghanistan. a fan plunges from the stands into the bullpen 15 feet below. what he was doing just moments before the tumble.

>> facebook about to change the rules to give millions of more people access. what every parent needs to know about the social networking site. "fox & friends first" continues right now. >> brand new video released by the taliban the moment bergdahl was handed over to american forces. >> this as new questions swirl over his disappearance. what the white house did to get him home. doug luzader in live from washington with details. >> this video posted on a taliban web site appears to show the handoff of sergeant bergdahl that also launched a course of criticism on capitol hill. no real surprises here but the fact that the taliban would use this as a propaganda tool is

fuelling the outrage in washington where many are fuelling president obama's decision without providing notice to congress as required by law. >> we should have been consulted the law should have been followed and i very much regret that was not the case. >> in the video he appears alert and healthy. there is the issue of bergdahl himself. the administration initially said he served with honor and distinction. the they are unswayed by some of bergdahl's platoon mates who say he should be tried for decembde certification. >> nobody knows what happened that night.

>> i don't think that's the case. >> there are a lot of reports about trying this deal. we may have more about this we will see. there will be a briefing in the senate where white house official the give them a better idea of what led to this decision and why again the president went around the law and left congress out of the loop. heather and ainsley. >> so many questions to be answered. doug luzader live for us. thank you. this brings us to look who is talking. charles krauthammer says the administration completely miss read now they would react to the news of bergdahl's release. >> the mistake obama made this is part of his arrogance and perhaps also ignorance is to celebrate the release with that

press conference. you know the guys you have are going to return and kill americans. this is a somber and solemn thing you do with regret and sorrow. you do it in the name of a code. >> the bigger question still remains did the president break the law? former prosecutor andy mccarthy who spent most of his career going after terrorists he has a 30-day notification of that swap. he said this could be an impeachable de offense. >> what happened the president says the war is coming to an end. somebody ought to send that memo to terrorists. they are against our soldiers in battle. the commander-in-chief the one who has the major responsibility not only to prosecute the war but to force protection is

replenishing the enemy at a time when he knows they are still killing off people. >> they are not necessarily statutory violations of law. they had profound mal administration things like misleading the public, conduct unbecoming, daryl liks on the part of the commander-in-chief. you don't have to be indictable to be removable. what impeachment is about fiduciary duty to the country. >> a live look from war saw poland. president obama arriving at an event commemorating polish freedom day. it is the 25th anniversary of the first democratic elections there. they met the newly elected president of the ukraine. he pledged american support in efforts to stabilize the country torn by corruption and economic

turmoil. he is expected to speak shortly and we will bring you that live when it happens. >> oo the turns are in. the race between cochran and mcdaniels still too close to call. kelly wright is here with more. >> mississippi is a strong conservative state and the state with the most contentious fights going on between republicans. it is a nail biter too close to call. it has to be decided in a runoff election. chad cochran is running for the 7th term. mcdaniel is reading by a razor thin margin. mcdaniel says one way or the other he still stands

victorious. >> because of your hard work and your dedication we sit here tonight leading a 42 year incumbent. remember it is about the people. it has always been about the people. there's still a handful out there that hasn't been counted. >> they are not commenting about the results but things were not working. they actually took the machines home with them and went to bed. folks in that county still didn't count as well. some accused of breaking into nursing home to take pictures of senator cochran's bedridden wife who has dementia. cochran accuses f being a polarizing senior due to

statements he made about immigration and homosexuality. it fully supports congress and looks forward to him winning the runoff. repib cans are hoping to win six more seats in the mid term election to gain control of the senate. republican primary writing senator had a series of provocative tv ads. a race chakd change the pabalan of power in the mid term one of six senate seats up for grabs. >> it is going to take all of us pulling together to ung night this party and win in november. >> that seat is vacated by

retiring democrat tim johnson. in new jersey speech righter tweeting out a victory. he will face corey booker in the fall. danes winning the primary he will face john walsh and then in california overnight the top two go getters there advancing in jerry brown will face treasury department secretary republican neil cash ckari in the fall. >> a marine held in a mexican prison over two months expected back in court. last week a hearing in tijuana was cut short when andrew taw moore more ressy was asked to lie in court.

they found three legally registered guns in his pickup truck. >> a check worth $50 turns into 20,000 dollars. the check is signed a former president. back in 1986 president ronald reagan wrote a letter and a check to a little girl named lisa who wanted to help the homeless at a work-a-thon. she kept that check and a historical document sealer is selling it for 20,000 dollars. the government betting on a new computer system that could detect your sar sarcasm. sure. i have got to work. the t rex no longer extinct. as we go to break a look at your weather around the country. vo: once upon a time

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>> a british woman sailing the indian ocean believes she saw the missing airline jet go down in flames. she filed a report last weekend the woman and her husband were in route to thailand in march

when she says she spotted a flame ing object in the night sky. it went missing after its departure in the early hours of march 8th with 239 people on board. a federal judge dismissing a lawsuit against president obama and the nsa's collection of cell phone data. a district court judge ruling under kurr p rent u.s. supreme court precedent. the cell phone data does not violate the 4th amendment of prohibition of unreasonable searchs. it was filed on behalf of a woman in idaho who said her primary communication of her family and friends is by her cell phone and the conversation are none of the government's business. >> isn't that correcsnarky commu in trouble. they are looking at analytic software to detect sarcasm.

they are not saying which networks they will be looking at but they want trend analysis and influencer identification. facebook now letting children under the age of 13 join the social network, but there is one catch. adam shapiro of the fox business network explains. >> federal law since 1998 has required companies that work a young person's data to contain parental consent. child advocates aren't thrilled that could allow tweens surf the web site. more than 5 million children under the age of 10 were accessing pace if a book and now estimates 7 and a half million kids even though facebook's age threshold is 13. they filed a patent that allows kids to create a facebook account as long as they have the parent's okay and the account is

linked to their parents account. it only became public within the last 10 days. it has no plans. it would la launch the service. they would verify the parent's account and link to the child. they would have control over kids privacy setting and application. under 13 still as of right now cannot sign up for facebook even though 7 and a half million of them are already surfing. one thing that are new children under 18 can make their facebook posts public where as before only their friends of friends could see what they posted. >> facebook is constantly changing how they are doing it. it is important to stay on top of it. >> 47 minutes after the top of the hour. a fan plunging from the stands into a bullpen 15 feet below. what he was doing moments before

the fall. >> and move over harrison ford there's a new indiana jones. the surprising frontrunner for the role. first let's check in with brian kilmeade to see what's coming up on "fox & friends." >> let me tell you what's coming up on the show. if you don't like any segment you have to power the 5:00 a.m. post to nicks it. joanie fresh off the victory of the primary. they want to remove the junior rotc program. an instructor fires back we had hold our ears. will he take the triple crown? only we know. we will talk to the horse he is jockey. the horse told the jockey how fast he will run. and rob regal is here he served in iraq and afghanistan. he's also very funny because he served with john stewart. now he is working for fox. hailey duff is cooking with us.

we will tell you what she is cooking and if it is good. all coming up on "fox & friends."

the army now launching a formal investigation into the disappearance of bowe bergdahl in afghanistan five years ago. this as the chairman of the joint chiefs of staff says that the army could still pursue desertion charges against him. at least six service members were killed trying to find bergdahl after he walked away from his post. one of them, army private first class matthew martin. his family says bergdahl put many lives in danger. >> this man has to be accountable for his actions. when matthew died, second lieutenant andrews also died in that ambush and

others were seriously wounded, and we're finding out more and more that other people were put in harm's way and gave up their life for him. he has to stand in the military code of justice. >> the army planning to question bergdahl once his health does improve. many are wondering about bowe bergdahl's dad's beard noting a strong and eerie resemblance to the beards worn by the taliban -plt bob bergdahl said he grew the beard to better understand the mind of his son's captors. he -lts -- he also learned to speak urdu. his father tweeted a message to the taliban group about his efforts to free prisoners at gitmo. that tweet was later deleted. >> the game between the minnesota minnesota twins and the milwaukee brewers coming to a sudden stop after a fan falls 15 feet into the bull pen.

anna kooiman with the very latest on that man's condition. >> good morning to you, heather. good morning to everyone at home. in this morning we know he is a little bit beaten up but okay. scary moments at miller park in milwaukee. about the eighth inning a man falls from a dining area about 15 feet above the brewers bull pen. a player said he thought the man died. the man reportedly motionless for several minutes after the fall but eventually did begin moving again, moving his fingers and regaining consciousness. medics rushed him to a nearby hospital. these falls becoming more common at stadiums across the country. last month a woman was seriously injured as she fell down an elevator shaft at fenway park in boston. most of -- this baseball

season alone there have been three falls at ballparks, human action being blamed for the majority of them. back to you. >> thank you very much. anna reporting for us. we appreciate it. >> don't have the perfect credit score? why that could lead to highway robbery. >> imagine seeing this on your afternoon stroll. the t-rex no longer extinct?m is 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!

two minutes till the top of the hour. before you leave the house here's what's happening for you today. brand-new video, bowe bergdahl being handed over by the taliban as an official investigation is launched into his disappearance five years ago in afghanistan. primary day in mississippi leaves a g.o.p. race too close to call. tea party candidate chris mcdaniels and six-term senator cochran are neck and neck, each away from the necessary 50%. where exactly california chrome will start the belmont stakes. the drawing takes place at 11 a.m. time to look at the good, the bad, and the ugly. first the good. twilight star robert pattinson might be the new indiana jones, said to be at a top of a short list to replace harrison ford. >> a new study finds bad credit can raise your car insurance premium by an average of 55%.

130*eu7 -- park goers in rhode island get the scare of a lifetime all in good fun pulled off by practical jokesters. >> have a good day. "fox & friends" starts now. >> good morning. it is wednesday, june 4. i'm elisabeth hasselbeck. we begin with a fox news alert. brand-new video of sergeant bowe bergdahl being handed over to u.s. special forces by the taliban. this as we learn more about how he may have collaborated with the enemy. the breaking details ahead. >> also developing this morning, the results are in from one of the busiest days in this year's primary calendar. big winners in one race still too close to call. many faces there. which one is this? we've got a live report coming up. >> here's one election that will get your attention. a congressional candidate decides to change his name to cesar chavez. how will that resonate with voters?