in congress about another meeting that won't prove anything, incredible. hello, everyone, i'm greg gutfeld, kimberly guilfoyle, bob beckle, jesse waters and dana perino. "the five." so according to the new york post, one gitmo detainee may be released because he took up yoga and read about the dali lama. another may get sprung due to his positive attitude. here's a man who treats foreign policy like it's open mike night at the funny bone and a mad dash to evacuate a prison to appease their left wing overlords.

the white house has been begun a gullible coed. he can't be a terrorist. i love his goatee. obama wants to close gitmo and will buy any excuse. why not say it's haunted. it worked on scooby-doo. your mom would make a better leader. her job is to warn her daughters against smooth talkers. this is a president who thinks climate change is a bigger threat than releasing terrorists like butterflies at a wedding. it's hard to blow up a building when you are doing a downward facing dog. sadly, that's one position obama has put us all in. sometimes a picture is worth a

fine thousand words. >> they say a former terrorist for owe -- osama bin lad inis going to start a-onney frarm. >> the only thing about the bergdahl deal was about was about closing gitmo. that was his legacy. he doesn't care about protecting the security of the american people. he's more concerned about protecting his legacy. you can see before he's springing crack dealers out of prison, he's releasing illegal a lee yens all over the street. he's letting guns walk over from mexico. he just doesn't care. >> what do you think, bob, you've got 78 of 149 prisoners scheduled for release? aren't you worried the standards are lowered? >> everything jesse just said

was wrong. >> fact check that whole thing. >> here's a fact that you need to keep in mind. that before obama became president, 500 gitmo prisoners were released. 500, and now -- >> not as bad as these. >> oh, not as bad as these. >> these are the starting five. >> how do you know these guys didn't start chicken farms? how do you know. they let 500 go under bush. the idea that somehow these guys oppose -- first of all, they say they are going to go back to afghanistan and fight against us. there's about a 30% recidivism rate among those who left among the bush administration. we're fighting a war then. we're not there anymore. let them go back to afghanistan and kill each other as far as i'm concerned. >> they launched attacks from afghanistan on 9/11. we weren't in afghanistan on 9/11 and we were attacked on 9/11 from afghanistan. >> fact checking again, are you? >> there's not been an attack on

the united states since then. >> no, there hasn't and it's not because we're releasing people from gitmo. >>translator: has nothing to -- >> like crazy befuddled -- >> men are putting you on about silly notions about yoeg la. isn't it obvious they are lying jail? >> obviously. they have no interest in doing downward dog. >> yes, they do. >> i don't think so. the problem is that they will just say anything to justify letting them out. i think they are going to try and release them all before the end of the year, god help them if the republicans take the senate, they are not going to get this done. this had to happen with bergdahl, there was a push to do it. of course you are going to bring up comparisons. >> are you concerned about the 500 people who were released? >> i am. >> absolutely, i am, and i think we should learn from the past and i think we should make appropriate proper decisions

that are sound and based on intel and not about ideology and thinking that gitmo is a bad place. it's there for a reason. >> bush made the right decision and so has obama. >> should we be air dropping yoga mats into terrorist strong holds immediately. >> and the blocks. >> what about pi lates? >> it doesn't really do anything for you. we could listen to national security experts or we could listen to others who -- so the national security experts asked last week in a closed hearing with the senators, on a scale of one to ten, how likely is it that these five will kill americans again? and the answer on the top national security official was nine out of ten. the chances are 90% that they will have some sort of activity that leads to a direct killing of americans in the future. so, yes, others have been released from gitmo before. there was a 30% recidivism rate.

i don't think that is anything to write home about. then you have these five. secretary of state john kerry said it was baloney that they would attack again and those are the kind of words that could come back to haunt you. i hope it doesn't but i never would have said that. >> you know why he call it balon baloney? he married into the p heinz for tune. >> he's got meat on his mind. >> speaking of john kerry. dianne feinstein called him out about the bogus claims about these guys weren't a threat. let's roll that. >> i'm not telling you that they don't have some ability at some point to go back and get involved, but they also have an ability to get killed doing that. >> i heard john kerry this morning saying don't worry about them, you can't help but worry about them in doha.

and we have no information on how the united states is actually going to see that they remain in doh, that they make no comments, that they do no agitation and another room more is one taliban has apparently said that he would return to the battlefield. >> jesse, is this scandal that finally breaks ranks among the democrats? when you have people like dianne feinstein saying this guy is making no sense? >> you would think so. politicians hate when they are ignored. it's a really big blow to their egoes. let's pick up on what john kerry said. the terrorists could get killed when they get on the battlefield. they know that. they are risking that every day. administration has flip-flopped there. in 2011, you had a terrorist, one of these five, the obama administration went to court to argue that this guy was so dangerous they couldn't release

him. he was best buddies with mullah omar. i don't know where they stand. three years ago he was too dangerous and now he's okay. >> there's not going to be a battlefield in afghanistan because the united states has pulled its troops out. >> the negotiation wasn't with afghanistan. it was directly with the taliban and i do think there's a difference. it was the taliban who agreed that qatar was an acceptable place to put them. that was the deal to get bergdahl back. that wasn't just to go to qatar. >> i still make my point. what difference does it make to borrow a phrase? >> that's a good -- >> if you have no u.s. soldiers on the battlefield anywhere, how who are are they going to kill? >> they are going to kill us, which they have done before. >> if you guys are keep in mind that was 13 years ago -- >> oh, jeez. >> you say --

>> you have to say that was 13 years ago, dude. then it's okay. >> those are bob's talking points. >> it's not that. it was a terrible thing -- >> bob, you can't actually believe what you are saying. >> of course i believe it. >> i really don't believe that you can in this instance, i don't think it's a good idea to release these guys. you cannot say of course -- shut down gitmo? you really don't think there's going to be a security concerns that are serious? these aren't people who are incapable. they are in gitmo for a reason. they have not become rehabilitated. they are waiting for their next move. >> and the last 149 are the last one to clear out of gitmo because of the concerns about how dangerous they were and not being convinced that the assurances. i don't think that the white house did a good enough job of assuring that, plus i think the other question that "the new york times," the front page story raises today what did we get for the swap?

because apparently we were trying to get some sort of next step talks and -- we did get our soldier back but that wasn't -- that wasn't the original plan. so there's a question about that on the policy and also just my last point on politics is getting the buy-in from senator dianne feinstein should have been the first priority and the easiest thing to do and they said that the contempt shown to congress is what has tied them up in knotts. that's why you have more democrats coming out. >> democrats are coming up because they are facing a very perilous situation. >> the first thing you volunteer two of your rooms. >> they have been several attempts in the united states. they have been thwarted by the fbi. why are we worried about sending them back overseas? if we can intercept them now, if

we have the capability to do that? >> i hope so. >> that shows such naivete. >> you think it's catch and release like you do a fish. >> i think we have to use all the tools at our disposal in order to protect us. one of those was to have the military tribunals at gitmo. the reassurances are lacking. that's not coming from me, the nine out of ten phrase came from the top national security official in a closed door session. >> why don't we just try them? >> why don't we. >> gitmo is one of the biggest recruiting tools for al qaeda? what do you think it is now. gitmo is one of biggest recruiting tools for terrorist? what is it now? why don't you join the taliban and al qaeda, they can bring you to gitmo and they will release you after you play soccer in the tropics for two years? what kind of recruiting tool is

that? you and your party have been saying that over the last ten years and we have said it why we're not shotting -- shutting it down. >> the argument is gitmo is so bad that it would create more terrorists. however, if this logic is true, then you shouldn't have any forms of imprisonment should you. you shouldn't have any methods to punish bad people because it creates more bad people. >> a group of people who were unsyphilised -- civilized themselves. -- >> to get back to this. try put, get them convicted or put them in leavenworth. >> i don't think kansas wants them. >> they can't come on u.s. soil because that changes their status from enemy combatant s.

>> give them to iran. >> that's great. >> we got to move on. more to come on bergdahl. including a new report saying the white house let his parents listen to sensitive inf

new detail are emergeling on sergeant bowe bergdahl condition in germany. he's not ready to come home and refusing to talk to his parents. the white house had granted his parents extraordinary access to as many as 20 high level meetings in the last five years.

they were able to take part with intelligence and senior military officials. a lot of people have had enough with communicating with the white house. one of them is a closer adviser to the white house, he appeared on fox news earlier. >> with bergdahl, the problem isn't with the swap itself. it's with the dishonest and unclear way they explained it both to congress and to the public, and in causing a bigger political problem than this has to be. democrats, we take them on background where you can protect their names, and they are speaking honestly. they are very frustrated with the president politically right now. very frustrated. scpnchts he ges on in that piece to talk about -- he keeps -- he keeps their identities private, but he does cite several emails.

when you start to hear from the president's closest advisers, you think they have got problems or serious problems? >> it reflects how badly the roll-out was played with the rose garden, president obama thought he was pulling a rabbit out of a hat and he pulled a rodent and i will say this, there's lots of ambiguity and confusion about this kid that i don't think i enough about. there might be emotional problems. there probably is, but there is no ambiguity when you talk to somebody in the military. they call a spade a spade. i talked to a buddy of mine who is a green beret. he says the guy is a traitor. welcome home. here's your court martial date. there's no ambiguity in the military. for us, we give everybody the benefit of the doubt. but nobody in the military will. >> can you describe for us the feelings on the ground amongst people he grew up with?

>> sure. you are doing this on the o'reilly factor later tonight. this guy was a naive kid. he was a mountain man. he was home schooled. he wasn't the most sophisticated guy and he was more like of a peace corps guy. he wandered away. it was a bone headed decision. he's going to pay the price. to be perfectly honest, no one knows what happened to him and i don't know if we'll ever know until we hear from me. right now he's so deranged because he's been bruthsized and kept in a shark tank supposedly. >> i think it's very complex. is it interesting to you as somebody who used to do negotiations for a living and try people for a living, but on the negotiation side, to have the parents, it seems to have unprecedented access, to secure

high-level meetings. it almost as if they were part of the negotiating team? would you have gone the same route? >> i don't know. i don't think that's a good idea. if i was doing negotiating for death penalty cases, i won bring in the family. i would consult them, but i don't give them access to the files and the materials. the family was given access to sensitive security materials, however they didn't notify to members of congress or follow the proper steps in terms of the protocol. there's a real dissect there. i don't think that's good. it's unprecedented and it shouldn't go down that way. as far as the father, information i have is that dad was trying to go over there to negotiate and assist in the release of his son. was advised not to do so but that's what he was trying to do. i'm sure he was quite vocal and adamant about bringing his son

home. as for bowe bergdahl, he's not the peace loving flower granola boy that you are saying. perhaps a bit idealogue like his father. he wanted to be a part of special forces. he had a job working at a range that a lot of special forces and s.e.a.l.s were at. so let's not coat it like that. a lot more i'm sure is going to come out but it's usually nevee. >> that's what the hometown folks are saying. >> who have they have been talking to? >> who they have been talking to? >> a lot more than you and a lot more than them. >> bob, you are welcome to comment on any of this, but i wanted to ask you, do you think that ron, the journalist that we quoted at the beginning, do you think that what he's hearing is an overreaction just from maybe like a small contingent or do

you think there is growing concern amongst the democrats? >> i know there's growing concern. he's a pretty good reporter and knows the democratic party pretty well and we're just over a little hundred days from an election. this begins to happen. they are freaked out. they are worried about their seats and they begin to say that. this happens in every administration where there's been a president in trouble, you start to hear this this far out. by the way, it's not unprecedented. during the hostage crisis in iran, i sat in on security briefings with members of the hostage families and they were given classified information about where they were in iran and that sort of thing, but it is not a normal course of events. that's true. but it's happened before. and i will just say that we just don't know. when people say everybody in the military says he's a traitor, well, that's true. every time you ask them, but they don't know. >> the washington post poll today it has something like four out of ten people think it was the wrong thing to do to swap them but if you were to ask military people in particular, their feelings are even more

stronger. >> they an p -- handed over five chuck norriss for one david spade. the scandal will pass as every scandal does because another one will come along and who knows what next will happen. will obama give russia back -- give alaska back to russia in exchange for a sochi key chain? >> putin would be so isolated. he got his own steak dinner in france rather than not getting a dinner at all. >> has this reached the level of scandal? >> i think the irs scandal is worse but this is the first time that the democrats are breaking ranks but i think the irs is the most important one because it was deliberate, malicious. >> and they thought obamacare just that alone was going to cause the democrats to lose the senate then you add the v.a., bergdahl, then you add the

economy shrinking. >> i'm just saying is scandal now considered -- is this part of the series of scandals that's all? >> what would constitute a scandal for you? >> watergate. iran-contra. okay. next hillary clinton. stay tuned for this one coming up on "the five."

when you think of people have been dead broke, struggling to make ends meet, do bill and

hillary clinton come to mind? listen how the former first lady justifies the multimillion speaking fees? >> we came out of the white house not only dead broke, but in debt. we had no money when we got there and we struggled to piece together the resources for mortgages for houses, for chelsea's education. it was not easy. we had to make double the money because obviously of taxes and pay off the debts and get us houses and take care of family members. i thought making speeches for money was a much better thing than getting connected with any one group or company as so many people who leave public life do. >> okay. well, hilary may say she left office broke but what about that $8 million advance she got for her memoir living history in 2000 while bill was still in office. this was a "new york times" headline at the time.

so should we feel that sorry for hillary clinton? that doesn't sound so good. >> her pants are made of solid gold. by the way, the book, it's just a pant suit. every word in that book is basically written by committee to ensure that there would be -- no one would take offense. it's not a book. it's a scale model anti-inflammatory book. it's -- it's a scale model of a book. if there's no controversy, there's no truth, right? if you have to smooth it out so much, what else is in there? you need to have a couple of things in there that go poof and make you want to read it. >> what do you think of this interview, her comments? >> on that question in particular, i think that what diane sawyer was asking is people on the left are going to ask hillary clinton about, wait a minute, you say you are all for the little guy but you are making $2 hundred, -- $200,000 a

speech is actually low for reports that i've heard. some of them have been considerably higher than that and who is paying for those speeches? a lot of them like goldman sachs, city bank, chase. she was an influential person. now instead of the headline being something else she would talk about, she's being ridiculed, how could they say they are broke? you leave a white house, you definitely have the potential to make a lot of money and reportedly bill clinton's book, his advance was $15 million. >> this is time for me to bring jesse on this and let's take a listen to hillary on benghazi, get jess sea's comments. >> what i did is give very direct instructions that the people who have the expertise

and experience in security -- >> that's personal. >> that is personal, diane. i'm not equipped to stit and look at blueprints to determine where the blast walls need to be or where the reinforcements need to be, that's why we hire people who have that expertise. >> sufficient explanation. >> no, she's still not taking any responsibility, even diane sawyer would like her to say maybe you say i could have done this or i should have done this. where's the evidence that she instructed anybody to boost security? in fact, leading up to the attack, you had the red cross attacked by an rpg, you had a grenade thrown into the compound. the british convoy was attacked. there was multiple requests for more security, and there was none given. so it's still inex-applicable what they did, if she did anything. >> has anyone noticed how boring those shows have gone lately? we don't get a chance to yuck it

up here. all these things are so depressing. first of all, i have no comment to make on benghazi. the book deal is -- it is the free market. you all extol that. >> we don't have a problem with that. what are you talking about? >> you seem to have a problem with her speaking fees. >> she seems to get squirmy. >> the thing was about how she says we dead broke, we got no money. >> that's the point of what we're talking about. i think she's out of practice as a campaigner and it's going to take a while. >> i'm persuaded, i'm one of people who think she's not going to run, maybe if she was ready for all these questions, she will get them again. >> the thing about benghazi, six weeks ago, in a speech, remember we did a segment here where she took responsibility for what had gone wrong. so she had already answered that question. i thought she answered it well

at that point. >> to support bob, the republicans have to pay attention. you have heckle the opposing team all you want, if you don't suit up, nobody is going to remember this when she's president. >> i hear what you are saying. she had some other comments. on bergdahl saying that it doesn't matter what his status was, wedge bring our people home. we'll see. i think she stays consistent on the message that would help. somebody obviously told her that wasn't good. >> i wonder if she's going to run, if she would write another book where her forward-looking ideas and her plans for america. i think this book might be too vanilla for that. maybe she has another one in the works. >> i think she has to. >> you know i was so dead broke that's why i stole the china from the white house and took it to chap pa qaw. >> we have an update on comedian tracy morgan. >> i thought he died. >> no, bob.

plus new details on the truck driver accused of causing the deadly collision.

america's most popular comedian is in very bad condition at a hospital in new jersey after a deadly crash this weekend. but a spokesman fortress morgan says he's becoming more responsive. a limo bus was rear ended by a tractor-trailer. the driver in the truck hadn't slept before the crash. he will appear in court on wednesday. trucker fatigue is probably a big problem. he was up 24 hours.

is this a legitimate problem? >> i think the bigger problem is, i drove a long haul, i didn't drive, i was on a long haul truck when i was in college. the pressure on the drivers to get there by the companies are very strong and the biggest problem i saw on the road were lousy drivers. people would cut them off. those truck drivers are very good drivers. the problem is when you go to a truck stop, you can get two thing right away. speed and the other thing. >> and cinnamon rolls. >> it's a tragedy. >> i think there are laws against this. you are supposed to keep a log of when you sleep. they can phony that log up. and every state has it its own -- you have to get a decal for state you drive through.

the guy who drove for us at united van lines, 18, 20 hours, he was under appreciate to deliver at a certain time. >> this is a walmart truck. there's a lot at play. they have apologized. the driver of his truck, his big thing was move or get hit. now, is that something that's admissible in court? >> yes. i think it's something they should try to get into evidence. it's certainly relevant and probative as to his state of mind. the kind of driver he was. reckless or careless. he has like two paths, criminal and civil wrongful death lawsuit. walmart, it's their truck or perhaps this guy is an independent contractor or did they work -- did he work directly for them.

it's very likely they are going to to foot a substantial bill here. he's going to do time. >> the truckers are grog to say this is a labor issue. is and we need all our rights. >> i think a lot of ways the business and the truckers, the drivers actual workers, their actual interests are aligned. if you look at the fatality rate, 2% of fatality rates are related to trucks so i think there is a movement afoot by some to change things and there are these hours and rest rules that they have. one of the problems is that the government has this one size fits all approach, they want to say after you've driven 11 hours, you have to stop, no matter what time of day it is, and you have to rest for ten hours. if you stop at noon, and then you are supposed to try to rest, then you are driving all night and you can cause additional problems. there are things like electronic logs. the industry is trying to do with technology that the government should do before they

go full bore on these other rules. >> they drive at night by the way because they avoid traffic. >> i have two observations. one that's anecdotal. it's an unscientific fact but when people are in their own vehicles, they always buckle up. but in cabs or in hired cars, they never do. i never buckle up. my wife doesn't. >> you don't? do you? >> it's often these accidents the cars that crash. how much trust we place in perfect strangers on the freeway freeways are the best example of self-interests cooperating or just self-interest and cooperation coinciding. no one wants to die. >> our thoughts go out to tracy morgan. >> still to come, his horse didn't win the triple crown, and

let's say he wasn't the most gracious loser. he apologized over a series of meltdowns over the loss. you'll hear that next.

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>> california chrome didn't win the triple crown over the week. co-owner stevecoburn was understandably up set. >> in my lifetime i'm never see a triple crown winner. you know what if got a horse, run them in all three. this is the coward's way out.

>> these people nominate their horses for the triple crown, then they hold out two and come back and run one. that would be like me at 62 playing basketball with a kid in a wheelchair. >> let me say this, i thought california roam at the end of that race did not -- the jockey, he didn't have the last quarter of i a mile in. there are people who bred horses just for the belmont, for a long race. it's a mile and a half. it's very tough tox put three horses in three races. this guy had such a great reputation. he could have made a for tune endorsing anything, but i think that hurt him a whole lot. don't you think that was -- >> i think the sore loser bit ruin the fairy tale story.

otherwise, they could have done some funny commercials and things with the horse. we had a hard time watching the race at our because bob you were block being the whole 60-inch tv so you can get up close and see it. >> you think the apology did him any good? >> we have the apology. you want to take a listen. i'll tell you what we think. we don't have time for it. i don't think he need to apologize. i don't blame him. i was mad too. he was being human and showing emotion. no one allowed to be real. the fact of the matter is his horse is money. the horse is amazing. everybody wanted the horse to run and you throw on fresh horses. i would like somebody make a rule all the horses have to run in all three. that would be cool. >> jesse, they don't do that. >> i know they don't do that. >> and they haven't done that for a hundred years. tts the hardest sports achievement in sports.

it hasn't been done for 30 years and it's hard because they run these guys in the belmont to take these guys out. if he had complained about -- >> he just said what you said. >> it's a bunch of animals running in circles. if you complained about it before the race, that would have been one thing, but to complain it after the race, it's sour grapes. >> the rules are the rules. he knew the rules going in. >> so what, he's mad. i would be too if my horse lost. >> what i'm saying is this is a wonderful story about this guy, blue collar worker bringing this horse -- >> the best part of his wife is grabbing him and telling him -- >> greg, you are probably not interested in that story. what do you think of him? >> well, you know when someone tells the truth, they apologize after. you know, i think what's great here is after this fiasco, i read the horse is going to take some time off to spend time with his family and get things together. horse racing is terrible for the horse.

you have a sweaty man on your back for two minutes. what's that like? >> those aone more thing is up next. at his current pace, bob will retire when he's 153, which would be fine if bob were a vampire. but he's not. ♪ he's an architect with two kids and a mortgage.

luckily, he found someone who gave him a fresh perspective on his portfolio. and with some planning and effort, hopefully bob can retire at a more appropriate age. it's not rocket science. it's just common sense. from td ameritrade. test

time for one more thing and it's time for my banned phrase, rock this. when somebody says oh, look, she's really rocking that dress or hey you can rock that hat, you should only be rocking a crib. just say it looks nice. shut up. >> i want to say we had a great birthday for peter's birthday. bob's toast brought the house down. great cake. the family dinner last night and my cousin mike newman bonded

with jasper this morning at central park. >> bob really can kill it. why don't you do that every day at work? >> i try to make you laugh at work. sometimes the topics aren't laughable. >> i hope you don't mind this. i'm going to jump into your situation. former first lady barbara bush celebrated her 89th birthday yesterday. dana, were you there? >> no, ichs not there. but i wish her a happy birth kay as well. >> absolutely and there's another birthday this week coming up, dana. do you know who it is? >> big birthday. it is greta, also 41 will be 90. >> taking home the big prize today, like an episode of jeopardy. >> and bob told me not to study so much. >> yankees, royals last night.

one of the yankees hit the shot down the left line. check it out. the he touches the ball, he should not have. oblivious to the fact that it was fair. the next inning, same thing happened. check it out. and the ball boy wants no part of that. didn't even move. he wanted to make sure. now you are just not doing your job, kid. >> oh. he's so mean. he was actually imprisoned that child. they sent him to gitmo. he deserves it, i think, bob. >> yesterday, i didn't do well betting on the belmont because the person who was betting for me was our executive producer who was supposed to be shown in this one more thing but he refused to allow us to have a camera on him because he's a wuss. here's the thing, he texted me

at least 15 times to ask me what it meant to box for -- four horses. you go up and say can i box four horses and he asked me over and over and over again. it was a good race. i'll tell you one thing, the charm just didn't have it in the last -- >> you mean chrome. >> chrome, rather. >> you told all the people to bet on chrome. >> you bet on the wrong horse. i through the winner at the last, one of the four. >> if you are going to take advice from a guy who doesn't know the lingo. >> i like horse racing despite the nay sayers. don't >> it is tuesday june 10th. four americans died on her watch as secretary of state.

>> whdid you miss the stop this from happening. >> who hillary clinton is blaming for dropping the ball in bengha benghazi. >> how little sleep the trucker got before slamming into tracy morgan's limo bus. >> remember to pour yourself a glass of red wine for dinner tonight. why it could make you smarter. "fox & friends first" starts right now. ♪ >> kelly over there dancing in the corner. if you could only see. it's dark out there. good morning. you are watching "fox & friends first". >> i am ainsley earhardt.

>> i am heather childers. thank you for starting your day with us. while you were sleeping a rare late night huddle on the hill about the va scandal. bombshell documents revealing 100,000 veterans face long wait times to see doctors. >> steve sent any is live in washington where there are now calls for a criminal investigation. good morning, steve. >> good morning. house veterans affairs committee working almost until midnight trying to get to the scandal at the va hospital. now they have spread through out the system. soment patie some patients reportedly died before they could get the care they needed. >> the process needs to be if you don't do your job you get fired. instead at the va you get a bonus. that's why we have got to get to the bought to the of the issue. that is a