>> that's it for outnumbered and i know you are probably bummed out. happening now starts right now. >> we start off with a fox news alert. new reports that the white house was caught off guard by the fiery back lash with the prisoner exchange for sergeant bergdahl. >> tornado swoops down on the road in front of drivers. >> shocking new testimony in a bizarre murder treel. what they just said on the witness stand. this fox news alert. law makers may get answers on the controversial prisoner exchange that freed sergeant

bergdahl and freed taliban commanders from gitmo. >> the obama administration is expected to deliver a rare briefing to the full senate behind closed doors on the circumstances surrounding the release of sergeant bergdahl. this is new video released by the taliban showing the hand over to u.s. forces in afghanistan. >> today's meeting comes after law makers and democrats are critizing the administration for keeping congress in the dark about the exchange. >> it comes with surprise and display that the transfers went ahead and totally not following the law, and in an issue of this kind of concern to a committee that bears the oversight responsibility i think you can see we are dismaid about it. >> mike emmanuel is on capitol hill. set the stage for us for the

late afternoon briefing. >> reporter: there is an all senators closed door briefing. and senator lindsay graham said there needs to be an open hearing on the details of the swap of the sergeant bergdahl for the five taliban prisoners. there are concerns expressed that the five taliban fighters were traded because that is the only way president obama will be able to keep the pledge to close guantanamo bay. >> the fact of the matter is, these are five of the most dangerous folks in the world. this is the board of directors and fab five team and individuals who are involved in high- level positions and individuals that are directed to osama bin laden from a financial stand point and an intelligence

stand point. >> he has seen the intelligence and he sent a letter to president obama and calling on him to declassify the files so the american people can see the guys we gave up, jenna. >> we have heard a lot on the critics. on capitol hill who is backing the prisoner swap? >> some people held off until after they got the briefing and figure out what the public position will be. the only details on this swap is senator harry reid. >> he was an american prisoner of war and what should be a moment of unitty and celebration but it is safe return of american soldier should not be used for political points. >> reporter: reid went on to ask what is the alternative?

leave him in captivity. but many on capitol hill believe that the united states paid too high of a price. results are coming in from primaries in eight states. one of the most closely watched is ohio. joany ernst winning to be the senate gop nominee. her experience cast traiting hogs as a child could help her cut the pork in washington. she will face bruce braley. >> and carl cameron is live in des moines where he will be spending time coming up. carl? >> reporter: hi, there, john. it is iowa and profound presidential election. and republicans in the hawkeye state are pointing to joany

earnst now sort of in her own world a poster farm girl for the type of candidate that republicans think they need. and she will be running against bruce braley a congressman from iowa and very much been a voice for the democrat's argument that there is a war on women waged by republican. she is taking on that as a woman, sunday school teacher and mom, et cetera. republicans think she is uniting the tea party and conservative activist and establishment mainstream. you have sarah palin and mitt romney. and she came out of the gate slamming the republicans or democrats, and trying to tie braley to the democratic leadership in washington, watch. >> when pelosi pushed cap and trade policies and wanting to

raise taxes, bruce braley was there for her. when she was fighting to kill the keystone pipeline. bruce braley flip flopped to help her. and if he goes to the senate he will be a rubber stamp for harry reid. that's the last thing iowa needs. >> republicans in the country looking at one where the tea party and establishment united behind a single candidate and contrast in mississippi, as of today, half of the nation's half senate nom nos selected and only one incumbent from texas was ousted. and in the last now district attorneys, mississippi was described as the tea party's last best chance to knock off an incumbent. that is between mr. mcdaniel and

cochran. >> six- termed that cochran is facing off against chris mcdaniel. this race is still too close to call and it appears to be close to a run off later this month. >> we look forward to the answers there. >> in the california primary. governor jerry brown cruises to a victory and challenged by gop candidate neal ka shka ri. >> and powerful storms hammering the midwest. in nebraska, storm chasers catching a twister near lincoln. and hail and driving rain causing widespread damage to cars and homes. there is soft ball size hailstones in places and causing

wind damage in oma ha. and sparking massive flooding near the missouri river. a lot going on. we have more, rick? >> it is so many times, we think that tornados are the worst of it. and we worry about those. and a great example of all of the wind and hail damage as the storms tear through nebraska. and we are dealing with the storm. and the rain is around parts of the ohio valley and we'll see it reenergized later on in the afternoon. the threat for severe weather again. and primarily wind or hail and high plains again. we'll so the afternoon storms popping up. this is another throw days, we'll deal with this. and this is in parts of missouri and toward arkansas and midmississippi river valley area and dealing with this. we have three more days of severe weather. and this is one of the peaks.

and this is a future radar and we'll see a few of the storms coming up in parts of kentucky and then a wind event move in, in the overnight hours and toward tomorrow morning and two big things here, we are well below average for tornados and generally april and may and june. and we are seeing severe weather. good news, we are well below. >> we'll knock on wood. >> and the latest look at the job's situation and's new report tells us about unemployment and the economy in this country and back lash over the bo bergdahl prison swap as law makers raise concern that the five terrorist released from gitmo can plan more attacks on americaning. >> they got rid of five hard-core guys.

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a deserter and may have caused the deaths of other soldiers trying to rescue him in afghanistan. mr. obama admitted they could return to the battlefield. >> i mentioned charlie, that the white house has been surprised at the blow back. you think they thought the bergdahl release would be a positive headline and good news after all of the mess with the va scandal? >> that is the best spin you can put on this they were trying to change the subject of the va scandal. that is a ([disgustingly cynica ploy to go out here and release five dangerous taliban leaders in exchange for someone who apparently according to all of the evident we have walked away from his post.

that is cynical and the idea they didn't realize the blow back that they would face and the outrage that would ensue, suggest they are not only cynical but so far beyond the roach of reality, that i think, i mean, to me is the most alarming thing right now. >> ed, the bly back is bipartisan. senator feinstein, she is furious that her committee was not notified in advance that it was coming down the pike. >> she used the phrase very disappointed at least and concern that she was not given a phone call ahead of the news breaking and she has since heard about it from the white house officials and not giving her a heads up.

but just not giving her heads up on saturday. there is a chance for all senators if they are here to go in a closed door briefing to learn more about this. the military and administration officials will show up and face questions and accepts of the operational details. once they come out, we'll get a better sense of where they stand. they can hold hearings on both sides of capitol hill. but beyond that there is nothing insert it in to the campaigns of this year. remember that secretary of state hillary clinton was involved back in the discussioning and since said she supports the decision to release them. she was initial skeptical. you can envision on what might happen. and as her bock tour begins, she will get questions and why she

had concerns. >> and one of those here is south carolina republican lindsay graham who said he thought the white house was looking for good press. >> the white house was announcing we are with strau drawing for afghanistan and ending the longest war. and commander in chief, i secured the last captive of that war. only captive of that war, that was thought in their mind to be a pretty good political story for the week and it blew up in their face. >> yeah, getting back the only prisoner of war was a good thing but the way it happen and the back story on how bergdahl is missing and that is not appetizing and doesn't make great headlines. >> and i am certain we'll hear about this on the campaign trail

both in the upcoming elections, and the hillary clinton tour. but the other clip of harry reid on the house floor denouncing republicans of trying to score political points, that is disingenious and i would go beyond that dishonest. as you pointed out diane feinstein not only said she was disappointed. but in the past when her committee, when her committee addressed this issue before. they emphatically determined they don't want to create a worldwide marketplace for u.s. soldiers or americans around the world to be captured and bartered with and now that is the precedent that we have and that president obama set. >> that is the worry about the future. charlie and ed, thank you both.

>> more on that story. we told you he was in and now out. dan marrino is no longer part of a lawsuit against the nfl. and the legal debate over the trading sergeant bern dal for git me detainees. we'll break it down with a former prosecutor who said president obama crossed the line. >> the commander in chief has a majority responsibility of the war and replenishing the economy when they are still killing our people. okay, listen up! i'm re-workin' the menu.

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that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. new skwes over whether the president broke the law by

releasing five taliban detainees. there are a few arguments that critics make. the president must give congress 30 days notice. and the administration said the commander in chief was not bound to do so in this situation. another argument that this is legally sound and this one we heard yesterday. >> sometimes in the next couple of years whether in the year 2015, the conflict in afghanistan is winding down and we are required under the tra dugzal laws of war to return people we detained. in this case we traded them for a reasonable deal here. >> he is a former chief of the assistant attorney in new york. and knows a lot of the terror

trials. we heard the argument yesterday and heard it since. it was an evensuality that they would have to be released. what do you make? >> i will disagree with my friend john. when we had the hundred years and 30 years war at the time we are in now, the end of the war according to the president who is really ending the war as far as i can tell slow motion surrender. it is two years from now. the taliban and the al-qaeda network haven't got the memo. they think it will end when they win. and i keep hearing things like what they say about the war winding down. you can't pretend it is ending when it is not. and the business how we never leave anyone behind. we are not leaving for two years and the taliban and al-qaeda and

those networks will not go anywhere. we are not leaving. >> so legally our hands were not forced in the next 12- 18 month time frame. there >> what john said, if you strike an armstis and once it is over. you don't have the right to detain them without trial. you have to charge or release them. but the laws of war allows you to cohold them to the end of hostilities. just because obama said we'll take our ball and go home. someone has to let the enemy know. >> congress is saying they were not notified in a timely manner. we know from the defense authorization bill passed last year the president didn't have to ask for approval or consult at all. he was supposed to notify them.

and the argument in general. is it one that should be getting into? >> there are throw aspects. >> the president has power and disposition over the economy combatants and congress can't take it away by a statute. to the extent that it is unconstitutional statute, that is probably right. however, we are replenishing the enemy while the enemy is killing our people. and so it is a derelection of duty by the commander in chief. and even if the president thought the law was unconstitutional, he through a spokesman jay carney publicly announced they would comply. you have to protest the law you tell congress. you don't say comply with the law and hood wink them in to not

doing nothing. >> the administration said it was a tight time frame this time around. >> yes, because we are leaving any minute now. >> this is a question legally. it is an overarching issue. we talk about the taliban organization. and these individuals are known terrorist. the state department does not distinguish the taliban as a terrorist group but just the haka ni network. is that because they are not a terrorist group overall? >> it tells the enemy we are afraid to call them the enemy. bush in the beginning of the executive order period after the 2001 attacks did. but in terms of prosouting people, if an organization is designated as a terrorist

organization it is easy to support the terrorism. and if it is not designated formally. all you have to do is say you anyhow they engaged in terrorist activity. we have prosecuted people. and the fact that it is not designated does not mean it is not that material and give them their commanders back. >> the heart of the complexity of the matter and also the obvious points about national security. >> right. >> it is great to see you. congratulations on the new bock by the way, john? >> we are getting a new look at hiring and the overall health of the economy. >> and new testimony from the prosecution witness in a gruesome murder trial as the defendant's girlfriend describes the killing of a new hampshire college student. >> i saw him slid it down around

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>> businesses right here at home failing to keep up with expectations. they are live from the new york city newsroom and more on this. >> hi, jenna, good to see you. we got a report on private sector job creation. what a disappointment.

179,000 added in this seccor and private companies big and small scaling back on hiring in may from april. this is disappointing, on friday we get the government take with the may's job report. not expected to be much better in april. it is 220,000 jobs add. you are seeing a medoikress recovery. the economy shrank and contracted jenna. hall of fame miami dolphin dan maraino accused the nfl of hiding the effects of concussion and. then marrino said he authorized a claim to be foiled and never expected to be listed as a plaintiff against the league. others are continuing with the

class action lawsuit that includes 4500 others. >> well, from that suit to this legal case, new and very graphic testimony from the star witness in a bizarre murder trial. the witness the exgirlfriend kathryn mcdonagh serving a prison sentence for lying about the disappearance and death. and today described the murder. >> i felt like i had to -- i didn't know what else to do. it was just, the whole thing was just so unbelievable. and just so shocking and that i just -- it was easier to do what he said. >> weighing in on this case.

criminal defense attorney and trial attorney heather hanson. and what strikes me about all of this, she's only 20 years old, seth 31 and manipulates and in this case his dpirl friend. >> he absolutely. he was a dominator in the relationship that he did others. he was a dominator and it is not as if it is just her testimony, but you are hearing from the exgirl friend and you are hearing from a person that shared a cell. >> but tom, in the sound byte, i was holding one end of the knock and we put it around lizzy's neck. and they asked who tied it?

she couldn't remember. she's testifying in a murder trial and sounds like it is sort of self exonerating testimony. i will use it as a defense attorney and go with that. that is self serving. and the other issue and she's damaged goods. and the prosecution case depends on her credibility. and it is damaged go in. why? she is serving a sentence for lying to investigators in this same investigation. there is no juicier or savory red meat for a criminal deputies attorney than an opportunity to cross examine a star witness who is serving a jail sentence for lying. she comes across meek and controllable. it makes it plausible that a 31-year-old guy apparently

liked to be a dominating personality in these sexual relationships that he could control here. i agree with tom. you heard from the cell mate. this is consistent with her testimony. and when you have other evident that corrob greats it is helpful. >> they were co-workers and mcdonagh was anyhow and working part- time in the department store. he said come over and we'll watch a movie together. does that fact that she helped to lure her to the scone she was killed does that work against her. >> the defense can participate

her as the prime mover. she is posting ads on line and trying to find unsuspecting young women in sexual capades and she got the victim on to the murder scene on the pretense of watching the movie. i don't fiend her to be sympathetic. she looks cold and detached on the stand and creepy about her. i don't think she will play well with the jury and come cross as the babe in the woods if you will. >> i think she locks damaged. i don't think most people are familiar with. it it is not testimony they are familiar with. if they believe she is damaged enough to be the dominating permanent. that is enough to be over the edge. there is a second-degree murder and he's going away a long time.

but the only thing is which of these counts. >> we'll continue to watch this case. as you said it is not the kind of thing you hear in dover, new hampshire. >> and fox news alert. interesting developments by the way of the associated press that is exclusively reporting that videos have surfaced of a western couple held captive in afghanistan and pleading for help. the people on your screen according to the a p is americanicate lip coalman and her husband. they vanished in 2012. the a p reports that coleman's family received two videos and shoes the couple to ask the u.s. government to help fro them from the taliban cantors. the family is coming forward is and making it public in light of

the news that we've received this week. we'll top to monitor the developing story. first we are hearing of that just now. >> the administration said the war is winding down and what is the reality on the ground. there is growth of terrorism over seas and why that matters to our national security. >> and rescue from major heights. how a window washer survives a terrifying ska folding collapse. helps moms stay on track with their doctors to get the right care and guidance. (anncr vo) that's health in numbers. unitedhealthcare.

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>> coming up on the real story. have you sween the twitter account. he has advice for president obama. and a new sound that is detected in the indian ocean. could it be a clue on the missing malaysian airplane. and you will hear the 911 tape in the pretone girl who was being stabbed and who and what saved her? find out on the real story. >> right now, frightening moments for window washer ares in maryland when a scaffolding platform partially collapses. four crews rescued them with a bucket ladder. the two men were taken to the

hospital to be evaleated did not have life threatening injuries. >> we are concerned about the flow of foreigners in to sufferia and europe and north africa and the other parts of the arab world and some small numbers from united states and canada. that inflow is part of what makes the syrian conflict dangerous and ever higher priority for the united states. >> we are looking at ways to help fight the terrorist threat going on in syria right now. but there are not any easy answers. >> thanks to the diplomats and progressional. we struck significant blows with al-qaeda leadership and osama bin laden and prevent afghanistan from being used to it launch attacks in the home

land. it seems that we are win nothing some areas and not in other ares. is the war on terror truly winding down. it is a brand new report and pains an interesting picture of what is happening when it comes to terror on the ground. richard periis a author of the new report of foreign fighters in syria and gives an interesting look at how terrorism is growing. richard what is the big headlines from the report today. >> three years in the syrian war you have had throw thousand people go from western countries. and where as in the whole period of 1979 to 2001 and afghanistan you only had 10,000 people go together. >> that is interesting. the plot for 9/11, the seeds for that started in afghanistan in the conflict and we have sewn what is accomplished. how does syria compare as far as

fertile soil for future attacks. >> most of the people didn't know about al-qaeda. they went to afghanistan and they helped to fight the soviet occupation there and support the taliban or whatever. and al-qaeda was a relatively new concept and they are going to syria and grown up with it and they know what extremism is. >> who is the profile? who is the profile of the person flooding in syria? >> that is different to say. they are younger than when they went to afghanistan. the age group young as 15 and up to 25. and afghanistan 25- 35 types people. and many western countries are people seeking a sense of purpose and identity and belongings rather than the idea logical motivation. >> as far as our involvement when america to syria we don't have bots on the ground.

but the americans are on involved on the ground? >> indeed. americq&sare feteing with the rebels and we have up to hundred and official estimates extremist groups. that is a sizable number. it is a problem. >> the interesting part of the report. getting back to the comparison of afghanistan. and how dow think that syria is establishing a precedent for our future conflicts when it comes to terror groups. >> it is difficult. you can deal with an organization and very hard to deal with an idea. this is the problem. and tremendous success against the al-qaeda organization. and we can see the idea is strong. >> it is interesting that you mention that and we are told in the public sphere. they are not coordinated and they can't launch attacks on the u.s. soil. and that is an interesting

question, richard. is that good that they are not coordinatedine though they are out there or does it matter at this point and as far as damage to inflict now and in the future? >> first of all, al-qaeda is facing the problem. and all of these people going to syria are not necessarily terrorist. it makes them vulnerable to the terrorist message. and al-qaeda has to recruit them. and it is a opportunity of getting them altogether and coordinating them and it has various branches around the place and there is an overall strategy. and the syria three years of the conflict. if you had the president calling you, richard and how do we get the upper hand here. we need to make sure we keep the country and people safe. would we get more involved in syria or not. clearlyar to an end would be a tremendous

advantage of stopping the radicalization if you like and terrorism. that requires a major pass and may be difficult at the moment and the first thing to do. and second from that. the idea of preventing people going to syria is already there is nothing but recipe for people to go to syria and in a sense, it is not so good. a lot of focus is when they came on back and what happened to them there and why did they come back. richard, great to see you. and thank you for your time today. >> and a solemn memorial in china tens of this happeneds gather for a virgil 25 years after the violent crack down on pro democracy demonstrators. and a 13-year-old girl going through quite an ordeal and snapping this photo. wee tell you the record she just

broke. okay, listen up! i'm re-workin' the menu. 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™.

it was sponsored as part of a program for underprivileged students. a 13-year-old boyclimbed mount everyest previously. and right now security is high as china marks a somber milestone. the chinese tanks and troops cracked down on pro democracy protestors and killing an unnumber in the streets. a candlelight vigil was held in

hong kong. >> john, the silence is deafening and forbid discussion of what happened a quarter of a century ago. they blocked websites that contain information about the confrontation. hundreds of people died but no official death toll. secretary of state john kerry issued a statement saying we call on chinese authorities to release in prison all of those serving sentences. >> and the chinese government refused to acknowledge wrongdoing. meanwhile in the former british colony of hong kong, thousands gather for a candlelight village. there is a makeshift memorial

and among those planning to attend the event is jeff wideener. you probably know his work. he took the photo of the demonstrator standing before a colume of tanks. >> i am here in hong kong. i have a personal connection to the story and i thought it would be good to photograph it. it is part of the continuing story. that's the reason i am here. it is now a busy traffic intersection. there is nothing there to remind the visitors of what happened 25 years ago. >> thank you, how time flies. as we head to break. a quick check on the markets and the markets are relatively quiet on this wednesday. we'll be right back. ... t!

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hope you're having a great wednesday. thank you for joining us. >> "the real story" with gretchen starts now. don't come back or you won't make it out alive next time. that's the message from sergeant bowe bergdahl's captors. all seen and heard in new video shot by the taliban of 'burgh dal's release to u.s. special forces. i'm gretchen carlson. welcome to "the real story." bergdahl is back. but that's not stopping lawmakers on both sides of the aisle from demanding more answers now about that decision to set free five high-ranking terrorists to secure his return, all without consulting congress. and now we're hearing there was another option on the table months ago that was for some reason bypassed. catherine herridge is live for us in washington. what have you learned about that? >> six months before that propaganda video was shot, a military intelligence source tells fox news a second option to free bergdahl was