jeanine hello. welcome to "justice." i'm judge jeanine pirro. there's a sacred trust between a country and its leader, between a president and the people he leads. when a leader violates that trust the people from whom he derives his power have the inalienable right to remove him. you may agree or disagree with what i'm about to say. it's not meant to be political. whatever the context, when you let things slide one after another, the foundation deteriorates. even water sliding down a rock begins to wear at it and break it down. and like that rock, our very

existence is in jeopardy. barack obama has put us in that jeopardy yet again. the latest, exchanging a man whose own platoon soldiers call a deserter who voluntarily left his unit during combat in itself a death eligible crime for five of the worst taliban terrorists in gitmo. obama sends out old faithful susan rice to say this of bowe bergdahl. >> he served the united states with honor and distinction. >> jeanine: really? even the white house had to respin that. now, susan, isn't english your first language? weren't you briefed on what to say? and not for nothing. don't you know that those sunday morning talk shows are a danger zone for you? but then again that despicable video lie got you moved up to national security advisor.

ironically the reason for the trade -- >> what we did was ensure that as always the united states doesn't leave a man or a woman on the battlefield. >> jeanine: pray tell, susan. is it okay to leave some behind? the trade surprised even congress. >> it comes with surprise and dismay that the transfers went ahead with no consultations, totally not following the law. >> jeanine: and that's a democrat. enter our president. >> we had a prisoner of war, whose health had deteriorated, we were deeply concerned about it, we saw an opportunity, and seized it. i make no apologies for that. >> jeanine: but when key senators didn't buy the key excuse, a new narrative emerged,

the taliban would kill bergdahl if you followed u.s. law and told congress. seriously? mr. president, my sources told me you knew bergdahl's locations for months. why didn't you send in seal team six? it would have made another great photo op. why didn't you send in the drones? could it be he was your excuse to release five terrorists from gitmo, the five men the worst of the worst, some wanted by the u.n. for mass murders, killing thousands, al-qaeda connected. these are the guys who behead their enemies, including children. they hate america and everything we stand for. and you released them, knowing many return to the battlefield because arab country qatar assured you that they do not pose a threat to us? and you're good with that?

you buy it? you think 12 years in gitmo has softened their resolve to kill us? mr. president, you didn't just release them, you unleashed them. and you, you alone, will be responsible for the hell that will be unleashed on us. you have teed us up for death and destruction. don't give me this hogwash that they're prisoners of war who have to be freed when we leave afghanistan. they are not prisoners of war. the taliban is not a country. they are enemy combatants who can be held indefinitely and should have been tried for their crimes. and as much as you want to take terms like "islamic extremist" and "jihad" out of our lexicon, the war on terror is far from over. you didn't have to release them.

and i don't give a damn whether you try them at gitmo, in a military tribunal, or in a federal court. united states attorneys have prosecuted these dirtbags and convicted them time and again. here's the bottom line. you negotiated with terrorists. you broke the very law that you signed. you have shown terrorists that they can win concessions by kidnapping americans. in the history of this country we have never traded mass murderers for a deserter. my father and grandfather fought in world war ii. ironically, you go to normandy 70 years later where my grandfather was injured and make like you respect the military. you call yourself a commander in chief. what commander in chief doesn't support a surge but sends in

40,000 troops anyway? what commander in chief reduces benefits to those in the military, closes the veterans war memorial, reduces the army to preworld war ii levels, knowingly allows veterans to die in our hospitals while replenishing the enemy in a time of war? mr. president, you are destroying this country. you have diminished on the world stage. you have trampled on the very laws that you swore to uphold. you are not a true commander in chief. we've impeached a president for lying about sex with an intern. your actions far more egregious. demand impeachment. that's my open. with me now, former federal prosecutor and author of "faithless execution: building the political case for obama's

impeachment," andrew mccarthy. the release of high taliban for someone like bergdahl, might that be an impeachment offense? >> the commander in chief of our armed forces, one of the things he's most responsible for is force protection. we've taken five of their most experienced, most anti-american chief terrorists and given them back to the taliban at a time when they're still on the battlefield trying to kill our men and women in harm's way. it's hard to wrap your brain around how he could do such a thing. >> jeanine: andy, one of the things i just talked about was the fact that these are enemy combatants, not prisoners of war, correct? >> yeah, that's exactly right. it's true that if we were at the end of the war, if the war was entirely over, you can't detain people any longer, but even by

his own timetable we're staying for two more years. this business about you can't leave anyone behind, who's leaving? we're not leaving. al-qaeda's not leaving. >> jeanine: it is a global war on terror, to be honest with you. >> right. >> jeanine: it's not just about afghanistan, correct? >> right, exactly. talking about the global war on. these are some of the top jihadists. these are not not like low-level afghan natives. they're among the leaders of the global jihad. >> jeanine: what makes him think we can rely on qatar to make sure they don't poet a threat to us? >> qatar is the hospitable home of the taliban's government in exile, government in waiting. they've set up shop in qatar. qatar is the home of the top jurist of the muslim brother had, issuing a fat ma in 2004

calling for the american troops in iraq. >> jeanine: in your book you outline things that could lead to articles of impeachment. >> he won't execute the law, the president's most important job on the domestic side. even the president's most ardent admirers have to admit he doesn't follow statues. >> jeanine: as in obamacare. forget what it says, we'll change it as it goes along. >> right. i think it was 30 times, but that was at 9:00 this morning. i haven't checked again since then. jeanine, if i could take one act which i think says it all, benghazi is something i would take back to the war that the president started without authorization or provocation in libya. it was waged under false

pretenses. he was supposed to be protecting civilians. he waged it against qaddafi's regime, knowing that would empower them. and follow that up by not giving force protection to people serving in benghazi where they're mysteriously assigned. shockingly he does not come to the aid of americans when they're under siege on september 11th, and follow this up with this video did it fraud. the cherry on top of that they trump up a prosecution against the video producer. >> jeanine: right. he's the only one in jail. nobody's arrested. >> right. >> jeanine: andy, look, you prosecuted these people. we know each other. u.s. attorney and assistant u.s. attorney. i mean, what do you think -- i mean, we could have prosecuted these guys. we didn't even have to let them go. you guys have prosecuted some of these guys in federal civilian court. >> yeah. well, for sure, jeanine, under

the laws of war they can be detained. i don't know what the evidence is against them in terms of what can you prove in court, because with respect to a lot of these guys who have been detained, but not charged, they're looking at evidence that's intelligence, and to prove it in court you'd have to give up methods and sources. you can detain them. >> jeanine: andy, i can't believe there isn't a u.s. attorney out there that can't separate classified from unclassified information and make a case against these guys, if indeed they're charged with killing thousands, we should be able to make a case against them. >> we can detain them until the end of hostilities, hold them. >> jeanine: andy, good luck with your book. >> thanks, jeanine. >> jeanine: coming up, new details about the taliban five who are now freed terrorists and who they really are. vote on tonight's instant poll. why did the president trade bergdahl for five taliban terrorists? facebook or some time? the next time you nt a dvd, don't bother rewinding it.

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>> jeanine: outrage and fear tonight as new information emerges about the five taliban terrorists freed by the obama administration. one of them already reportedly pledged to return to fight americans. with me now former cia officer buck sexton. buck, you know this business pretty well. was this trade a win for the taliban? >> it was a huge win for the taliban. the way we know that, despite the fact that a lot of part of the obama administration are saying they're low level, old, been in prison for a long time, the taliban have been trying to get these guys out for a decade. they're the five they wanted. the reason they wanted them, they realize how valuable they are for propaganda and senior leadership. they won't be taking ak-47s and going to the frontlines, but they can do strategic fighting for the taliban. >> jeanine: these are the thinkers, the people in charge

of strategy, protocol, that kind of thing? >> like busting al that stirry out. >> jeanine: let's go through them one by one. what about the first go, noori. >> he's a senior military leader, a senior political leader from within the taliban, possibly involved in human rights violations. i mean mass murdering, killing shiah. >> jeanine: he's killing muslims as well? >> large numbers of muslims. the crimes in terms of war crimes are from the a civi a cin before 9/11, where they slaughtered hundreds of thousands of people.

>> jeanine: and what about nabi? what's his deal? >> this is the lowest level of the five. this is an individual who has direct tactical ties to, for example, the haqqani network in pakistan. perhaps he'd be the most likely to return to frontline fighting because he was somebody involved in that before we picked him up. he's the pipe swinger, if you will, of the group. he's also on the younger end of these individuals. >> jeanine: and this guy, fazi, number three here. >> he gets the biggest prize for bad guy. guilty of war crimes, ethi, a sn fighter, huge propaganda and leadership value, guilty of war crimes. he's not just a terrorist, but a war criminal. >> jeanine: where event u.n. wants him? >> even the u.n. wants him. >> jeanine: and number four, this guy,wasiq.

>> he would have ties to major terrorist groups across the board. not just the taliban. he would be working with others, the haqqani network, different groups that came into afghanistan. he had have direct contact with osama bin laden. this guy had everybody on his satellite phone, i can promise you that. >> jeanine: and the fifth one here, khairkhwa. >> he was the elder statesman. he was a governor metr of a proe in western afghanistan. very senior guy. very important again for the leadership of the taliban. they think of the war as starting when we leave. they've done this before. this is history repeating itself. after the soviets pulled out all these guys on the screen were

involved with the taliban to take control of the government. as soon as we leave, the war for them begins anew. >> jeanine: oh, certainly. what's interesting, every one of them is deemed a high risk to the united states. i was going through the paperwork. every one of them is a high risk. we've got five high-risk taliban, guys that cut off heads, chop off the heads of kids as well. we release five of them for a deserter. what is obama thinking? >> look, it's a bad deal. the talking point that they've been using, you never leave a man behind is clearly not true. >> jeanine: he walked off. that's hogwash. he wanted to go with the taliban. let him go. forget him. >> it took five years, becae the initial offers weren't accepted. they weren't going to release, release ksm in exchange for this individual. that's hogwash. the administration accelerated this in the aftermath of the va. >> jeanine: in other words get the va off the page? >> to have president obama have

his rose garden speech to look like he cared so much about the troops. that all fell apart. now they're saying the taliban five aren't a big deal. they're a big deal. the taliban wanted them back for a reason. >> jeanine: buck, thank you very much. and coming up, the president cuts congress out of the bergdahl deal. and in a "justice" exclusive, a and in a "justice" exclusive, a gitmo doctor talks about you knso i get invitedpeople have saved with progressive, to quite a fewfamily g. heck, i saved dith here a fortune you make a mighty finesus, m'l. i'm nosaying mark's thrifty. let's just say, i savehim $519, and it certainly didn't go toward that ng. am i right [ laughs [ dancmusic playing ] so visit progrsive.com today. i call this one "the robox."

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♪ sleep train ♪ ♪ your ticket to a better night's sleep ♪ >> jeanine: lawmakers demand to know why the white house failed to notify congress about the prisoner swap. earlier i spoke with congressman jason chaffetz. his reaction to the controversy. i'm here with congressman jason

chaffetz. congressman, thank you for being with us. let's talk about bowe bergdahl. is this guy a hero? >> to trade five for one, release five of the worst terrorists on the face of the planet, that's where i've got the biggest concern. >> jeanine: you know, the obama administration says, you know, we didn't negotiate with terrorists, which is contrary to what it appears happened. do you know what happened here? >> it's contrary to common sense. of course they negotiated with terrorists. they said, oh, well we tried to talk to -- no. think about real estate. when you're purchasing a home, you use a realtor, okay, but you're still negotiating the price of a home. it's the same thing. they were negotiating with terrorists. they released the all-star teams, the starting five. it's totally unacceptable. >> jeanine: the whole idea of the requirement on the part of the president to report this information to congress 30 days

before, the minimum 30 days before, was not followed by the president either. >> the president signed a piece of legislation. he said in a subsequent letter that he thought it was unconstitutional, which begs the question of why do you sign something that's you think that's unconstitutional? of course we want a u.s. president to get a u.s. serviceman, no matter his political beliefs, but there's the second part, releasing prisoners from guantanamo bay. the people of america have spoken loud and clear on that. the president di president justd terrorists to go back on the battlefield again. >> jeanine: and the recidivism rate is very high in terms of their going back to terrorism. why would qatar take these guys? >> i don't know. we've got pretty good relations with them. earlier in the week the president said there were

assurances they would do no harm for a year. now we've learned in the subsequent days they're free to roam anywhere in that country. their family members have come over. they can take a communications role in being able to communicate with people still on the battlefield and in harm's way. it's basically glorified home confine.with people that have not been rehabilitated. they're responsible for the deaths of thousands of people. >> jeanine: why do you think the president would do that? >> i don't know. mind -- what you'reget in the supposed to do in the sober light of day is consult with congress. that's why we have the constitution the way it's set up, the law set up. >> jeanine: the law he signed, by the way. >> do you think he would be president obama in the debates with john mccain if he said, you know, i'm going to negotiate with terrorists, and i will unilaterally, without consultation with congress, i'm going to release the prisoners in guantanamo bay. he never would have been

elected. >> jeanine: we'll take a look at what he said before he was elected. >> john mccain has repeated this notion that i'm prepared to i never said that. i've been adamant about not negotiating with hamas, a terrorist organization. >> jeanine: so why is he doing something from what he promised? >> candidate obama is totally different than president obama. this has been my fundamental concern and question with the president. what he says and what he does are two different things. >> jeanine: .com jasocongressman chaffetz, always good to see you. take care. coming up, a "justice" exclusive way former gitmo doctor who says released detainees are killing machines. that's next.

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live from america's news headquarters i'm will carr. dozens of same-sex couples tieing the knot in wisconsin saturday the newlyweds taking advantage of what many believe can be a small marriage to get married. voters to outlaw gay marriage but a judge put the ban on hold friday. there are a few signs ukraine's

crisis may be over soon, warning he will not negotiate with the rebels. he was sworn in saturday and insisting crimea is still ukrainian. i'm will carr. 1978. now back to "justice with judge jeanine." >> jeanine: the president makes no apologies for trading five high ranking taliban terrorists for bowe bergdahl. maybe he should have spoken to my next guest before the deal. with me eric stackleback. doctor, you treated other gitmo detainees, even ksm. what do you think of this trade? >> terrible, absolutely terrible.

>> jeanine: eric, how much of a threat do you think these terrorists pose to americans overseas? >> judge, i think it's a big threat. these aren't the kind of guys when they're released they return to afghanistan to get a job at a gas station. they're all jihad all the time. this is what they do. right away, judge, look, they'll be in qatar. how closely will they be monitored? will they be able to exchange emails and phone calls with their fellow terrorists in afghanistan? these are the cream of the crop. >> jeanine: eric, let's get something clear. qatar said they don't pose a threat. we'll keep them here for a year. they're not under confinement, not locked up, not wearing ankle bracelets. it's a joke. >> and the taliban actually has an office in qatar. a u.s. ally on the surface, yes, but it's been a government friendly to radical islamists, in particular the muslim brotherhood, bankrolling the brotherhood. qatar has a lot to answer for.

>> jeanine: oh, absolutely. doctor, back to you. you say they get excellent clear at gitmo, better than some of our vets. thetell me what their day is li? >> wake up to sunset, do their five prayers as devout muslims do during the day, fed three times a day, time to sit on a patio that extends from their cell. they can talk to the guy next to them. they can see the guy next to them in a mirror that shows the person next to them.a3 then they get free time to work out. they work out. if they want to see a doctor, like me, they can. and also, they had daily psychological and emotional counseling provided by the navy in the form of a forensic psychologist. >> jeanine: do you view this as a preparation of some kind, doctor? >> which as a preparation?

>> jeanine: well, in other words they get to work out, they get to, you know, create the -- >> oh, yeah. they would holler every once in a while between themselves with our translator saying make sure the brains find out what the americans are up to, the brains being khalid shaikh mohammed. they were all creepy, manipulative, always looking at you, trying to figure which cracks they could get through to get around you. one of the guys we had from the bali bombings spent his whole day doing knuckle-based pushups and sit-ups. you knew as soon as he got out he was tighter than a spring, he would come out and kill the first american that he saw. nothing made me gladder than when the guards would bring these guys in and they would be two guards and these guys would be shackled, because they exuded this air of dangerousness.

>> jeanine: eric, the taliban says this is a great victory. how does this deal make us look to our enemies around the world? >> makes us look weak. the taliban is already saying, look, this is great, we'll kidnap more american soldiers and exchange more prisoners. makes us look weak. president obama, again, goes back on his word, negotiating with terrorists. we have negotiated with iran. now we're recognizing the new palestinian government with hamas. president obama said he wouldn't do it. it's exactly what he's doing. with terrorists, they smell weakness, they'll act on it. 30% of every terrorist released from guantanamo bay returns to the battlefield. >> jeanine: well, there's no question about that, they return. thank you so much for being with us this evening. >> thank you. >> jeanine: with me retired navy seal tom shay. he was part of a team that actually searched for sergeant bergdahl after he went missing from the base. all right, tom, eight hours

after bergdahl's disappearance, you were brought in to search. were you told the circumstances of how bergdahl left the base? >> well, first let me say, wow, you have so much energy tonight. back to your question. i feel like i'm on trial. what's being missed from the seal point of view -- let me share it with you, what that is. it doesn't matter if he was a deserter, he had ptsd, he was in the middle of a firefight. what we do, and we do it really well, we go after and we rescue americans. he's still an american. i still -- i would do it tomorrow morning if he was still there. as the circumstances evolve and change, he becomes less of a priority. but eight hours into it, he was a top priority for us and for other unnamed seal teams. >> jeanine: look, nobody questions seal team six. i mean, you know, you guys are the top of the heap. when you were called in -- i know what you said, that you

would look for anybody that you were told to, especially an american, did anyone say, hey, this guy took off? actually he left a note saying he was taking off, he was looking for the taliban. the next day he called and said, hey, guys, i'm not coming back. i mean, what were you told? come on. you knew what was going on there. >> yeah. we knew -- we knew that he walked off base without his weapon, without his military clothing. that's a bigger priority to grab this guy. a deserter is a huge priority to grab, because you don't want that to get out. >> in conclusion, you thought, based upon what you knew, that he was a deserter. how dangerous, tom, are these missions for you guys when you're looking for people like bergdahl? >> each mission that seals go on is as dangerous as it can get. the two that i went on to find sergeant bergdahl i think at the time he was a corporal, however

we were in very heavy firefights that sustained themselves throughout the day. yeah, it's dangerous. >> jeanine: all right. there are reports, tom, that military had eyes on bergdahl for much of the time in captivity. was going to extract him an option? >> i will say that due to the location that invests, it was not a political priority to grab him. >> jeanine: okay, but it was still something that could have been done. we knew where he was, correct? >> i believe we did. >> jeanine: okay. >> we didn't know where he was, otherwise we would have grabbed him. the intestinal that -- >> jeanine: well, you would have grabbed him, no question about that, tom. thank you so much for being with us this evening. >> thanks, judge. appreciate it. >> jeanine: all right. coming up, an american pastor held in iran? why didn't the president negotiate for him to get if there was a pill

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guard for two years. what was he doing in iran? good evening, judge. he was there working with the iranian government on an orphanage, a government-approved orphanage. he was told, encouraged by the government, to work on the orphanage. unfortunately he was taken in 2012 by revolutionary guard. >> have you been able to see him or talk with him? >> no. unfortunately i haven't seen him two years in june, this month. and the kids have not seen him. his parents in iran have been visiting him in prison. the government has not allowed calls for him to be able to talk to our family. it's been a very difficult two years, knowing he's being tortured because of his christian faith. >> jeanine: when you say tortured, how is he being treated? >> well, he was healthy when they took him in june. actually he was put under house

arrest in july. he left here in june. when they took him in september, he was healthy. the first -- they took him to solitary confinement in tehran, beat him, and internal bleeding started. he had a lot of internal damages because of the beatings in his stomach area. recently he was admitted to a hospital. he was there for a few months. about a few weeks ago they took him from the hospital and put him back in prison. the way they took him, they beat him again. so these been continually beaten the last two years. he has internal bleeding issues and health problems. >> jeanine: does it anger you when your husband, in iran on a humanitarian mission, can't get home, and the president negotiates for a deserter like bergdahl? >> you know, i hope that our government takes this issue, this religious freedom issue, this human rights issue seriously, and that, you know, iran gets the message that this

is an important issue to us, and he needs to be released. >> jeanine: does it make you angry, frustrate you? talk to me. >> it does. because according to iran's own admission he did not break any law. he was not there -- >> jeanine: let me go to jay foy asecond. jay, how do these negotiations work? are there any serious negotiations going on for her husband? >> the thing i've raised, raised from the beginning of this judge, has been the fact that disclosure that direct negotiations would take place, you would think there would be a serious conversation, not a side conversation, not an off the table conversation, asking for the release of an american held in jail by the iranian authorities for two years. i mean, it would have been a simple precondition of serious discussions with iranians to get the american out. apparently that did not happen.

and the end result is we know the president, when he spoke to the president of iran did say we'd like to see him get released. the problem is we have a deteriorating situation. looking at the situation right now,uthe problem is we have ongoing negotiations with the iranians, and it doesn't appear that this is getting the kind of attention it needs. it's one thing to have lip-service statements. it's another thing to actually say, look, if we're going to proceed with any discussions here, get the american out of jail. it would that be simple. >> jeanine: we're talking to them about their nuclear program, and it would be so easy, because we're giving them concessions to get an american back. >> we released billions of dollars of money. you would have thought, if we're doing that, a quid pro quo, an easy one, would have been to release the pastor.

we're continuing to work with the state department the best we can, but, judge, frankly, we're using all of our global resources to put to bear on getting his release. a very tough situation that's gotten more difficult over time. prayer is important here, strategy is important, but the united states government needs to press for his release in an aggressive way, period. >> jeanine: let's hope they do. thank you so much for being with us this evening. >> thanks, judge. >> thank you. >> jeanine: coming up, "a "justice" exclusive on the eve of the president's inauguration in egypt, i sit down one of the country's most influential men. and it's your last time to vote ♪

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former egyptian military chief officially egypt's new president. earlier i spoke with chairman of the group and egypt's i want national economic for run. >> this week, egypt has elected a new president. al sisi is now the president. why should americans care about egypt? >> i think egypt is critical, not only for america, but for the west. egypt is a lynch pin of stability in the middle east. egypt has a peace agreement with israel that has been holding. what happens in egypt impacts the region and one of the key elements of egypt's success in a transformation into a country which is a democratic country

can be a huge example for other countries in the region. >> egypt of course is one-quarter of the middle east. over 90 million people who live there. they made a strong statement last year, and yet there were so many people who said the president was democratically elected and therefore she should not be over thrown. what do you say to them? >> i say to them that was a public impeachment by over 30 million people. bbc called it the largest and biggest human demonstration in the history of human kind. and that was a statement that egyptians were not willing to replace the regime with something much worse and put egyptians in a situation were there was no gender equality, the christians were being prosecuted. we had a situation that could not have survived. >> egypt is 80% muslim.

>> that's very true. there's a huge difference between islam and the muslim brotherhood. egyptian society is a religious so soet. >> of the christians. >> and the key element of egypt that it is a moderate religious society. it is not radical. but you have to understand democracy is not the ballot box. democracy involves justice, law and order, e kbaulty, and that was all missing. >> the united states have promised military aid of helicopters, tanks and funds which it then pulled back. why do you think the president of the united states would make a decision to not support 33 million egyptians who said we don't want the muslim

brotherhood. >> not only that, i'm even more worried. terrorism that egypt has suffered from and terrorism that the united states understands very well. during that period, a huge number of al qaeda operators were brought back into egypt and pardoned. many terrorist organizations were allowed to bring their own people into there. sko my belief is it is the time where friends standby each other. and this is the time where the united states should have stepped up rather than pull the aid. >> do you think the united states is more understanding and accepting of the muslim brotherhood than they are of the egyptian people? >> i would be very concerned if that is fact. i think the egyptian people have spoken and voted and clearly shown where the path that they

want to follow. i would sincerely hope that the united states after all these facts would support what's going on on the ground. >> very knowledgeable man. >> and now for the results of to want's toll. we asked why did the president trade bergdahl for five taliban terrorists. jane says, he thought it would make us forget about the va scandal. this one says because he thought he was going to look like a hero. this perpendicular person says because his goal is to weaken american. (vo) after 50 years of designing cars for crash survival, subaru has developed our most revolutionary feature yet. a car that can see trouble... ...and stop itself to avoid it. when the insurance institute for highway safety

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welcome to "hannity." we'll be joined by a studio audience made of political, military and other experts to help us investigate the bergdahl trade and deadly consequences it could have for americans in the future. you'll meet families of the fallen soldiers who lost their lives in an effort to save sergeant bowe bergdahl, the former captive who dechaired himself to be a warrior of islam. this edition of "hannity" starts right here right now. >> after nearly five years in