on bill o'reilly. ms. megyn is next. the spin stops here cause we're definitely looking out for you. breaking tonight, just months after the president celebrates the return of a u.s. soldier held hostage and ultimately traded for five top terror leaders the army announces that soldier is being charged with desertion and more. and tonight the political fallout is getting dramatic. welcome to a busy night here on "the kelly file" everyone. i'm megyn kelly. then-private first class bowe bergdahl went missing in 2009 disappearing from his post in afghanistan and then appearing in a terrorist video. a shaky bergdahl is released but came with a controversial price as not one but five taliban commanders were released from

guantanamo bay prison in exchange for bergdahl's freedom. bergdahl's parents were even invited to make a rose garden appearance alongside the president of the united states, where they celebrated their son's release and shared a greeting in arabic. >> i called bob and januarynie bergdahl and told them after nearly five years in captivity their son bowe is coming home. >> i would like to say to bowe right now who's having trouble speaking english. [ speaking in a foreign language ] i'm your father bowe. >> within days we started hearing troubling stories about exactly how bergdahl left his base in the dead of night after asking his team leader for help mailing his computer and belongings back home and inquiring as to what would happen to him if his military gear turned up missing. and after administration officials suggested bergdahl has served with "honor and distinction" before going missing "the kelly file" had an

exclusive interview with six of his platoon mates who had some very different feelings about the man for whom they once risked their own lives. raise your hand if you think he deserted. wow. raise your hand if you have some question about whether he deserted. wow. >> this is not about politics. this is about the fact that bergdahl walked away from us went to try to find the taliban. we know that for a fact. we were all there. there's not one person there who could say they don't believe that, who was there. he's not a hero. he did not serve with distinction. that's a spit in the face to anyone who fought in the army and anyone who died looking for him. >> now the suspicions of those men have been suggested to be right by the army. we are again hearing questions about whether we paid too high a price in this deal. we have got an all-star lineup for you tonight on this story as incoming white house communications director jen psaki weighs in. we've also got former white

house press secretary dana perino, combat veteran pete but we begin with our chief white house correspondent ed henry with the very latest. ed. >> megyn, good evening. let me take you behind the scenes. it's interesting. the white house made sure this was announced by the army hours after josh earnest had his daily briefing with reporters. so he did not have to react and answer to what came before what the former fellow soldiers of bowe bergdahl had said in that interview with you, what was said in the rose garden. and tomorrow the president travels to alabama. that means there's no on-camera briefing here at the white house for josh earnest. they're clearing the decks here so they do not have to answer some of those tough questions you mentioned. let's also remember earlier in the administration both the then-defense secretary leon panetta and secretary of state hillary clinton opposed the heavy price on this swap. although as she opened up her book tour hillary clinton sort of flip-flopped and back peddled

and suggested the back the president in this swap for bergdahl. listen. >> if you look at what the factors were going into the decision of course there are competing interests and values. one of our values is we bring everybody home off the battlefield the best we can. it doesn't matter how they ended up in a prisoner of war situation. >> doesn't matter how it ended up. tonight speaker john boehner is rejecting that idea. he says of course bowe bergdahl is innocent until proven guilty but boehner goes onto say "my chief concern remains president obama's decision to release five hardened terrorists with no guarantees that they won't return to the battlefield. i believe it made americans less safe." that from speaker john boehner. the significance here is also let's not forget that the reason congress got so angry at the beginning of this is they were cut out of the loop. and the law said they had to be informed of a swap like this congress democrats and

republicans, were not informed megyn. >> ed, thank you. well, in the days after this controversial prisoner trade the administration went on defense with several officials suggesting that the former taliban captain served with honor and distinction while others questioned the account from the soldiers the platoon mate who is had served with bergdahl and when he left. >> he served the united states with honor and distinction. >> so the negotiation to obtain sergeant bergdahl's release is not a breach of that policy of not negotiating with terrorists? >> it is absolutely consistent with decades and then for centuries because we had more than two now in the united states of past practice when it comes to prisoners of war and exchanges of prisoners. >> does the state department consider sergeant bergdahl to be a deserter? >> the state department -- no lucas. >> the guy's on national television last night. his squad mates, platoon mates

were not correct. >> i'm saying we don't know the fact pattern yet here. we don't. nobody knows exactly what happened that night. >> well i think his squad mates have the best indication -- >> i don't think that's the case. >> we do not leave anybody wearing the american uniform behind. we had a prisoner of war whose health had deteriorated. and we were deeply concerned about. and we saw an opportunity and we seized it. and i make no apologies for that. >> dana perino, co-host of "the five" and served as white house press secretary under president george w. bush and pete hegsheth. we begin with pete. your feelings on learning he will in fact be charged. >> i'm proud of the army. i'm proud of them stepping up and living by a code pertaining to a code. earp under explicit or impolice it pressure to take a different stance. but when they looked at the facts of 2009 what the platoon

mates understood is bowe bergdahl walked off that base and deserted his unit. the larger charge is not desertion, it's endangering the lives of fellow soldiers. men died searching for bowe bergdahl. he's been charged. he'll have his day in court. he hasn't yet been found guilty. but the army believes it has the evidence, had the courage to step forward despite the political pressure, despite political top level people saying he served with honor and distinction, to bring this charge and really bring honor back to this situation because men died looking for bowe bergdahl when he went looking for the taliban. >> uh-huh. and they said certainly army resources were diverted when they were looking for him. and so other soldiers did not have the cover they would normally have had and men died in that process. that's been documented. but pete, you know, the president has said all along we leave no soldier behind. and you heard him there. i standby the decision. >> well he has to standby the decision at this point. secretary clinton said that it doesn't matter how he got there. it does -- she's famously also said what difference does it

make? i would say it makes a big difference how you become a prisoner of war. ask a lot of people, ask john mccain who was shot down fighting and pursuing the enemy. in this case bowe bergdahl allegedly walked off the base and his platoon mates understood that. that's a critical factor especially megyn when you're willing to break decades and centuries of what you're willing to say publicly about concessions to the enemy, negotiating with the enemy and you're willing to turn over five -- not just terrorists, terrorist all-stars terrorist leaders who are under house arrest for a year and will now likely go back to afghanistan and seek to rejoin the fight, seek to join isis and kill more americans. that trade was deadly. will have deadly and historic consequences because of the way they view bowe bergdahl they had to have known in 2009, megyn everyone knew that there was the there there to stand and say honor and distinction was to stand affront the facts. >> and his platoon mates did not appreciate that characterization. pete, good to see you. >> thank you. >> want to get to dana perino

who's here with us. that's the question. how could the white house a, have made the deal, but b, have allowed that rose garden ceremony with the president of the united states standing there next to the parents knowing they had to have known, did they not, of his circumstances? >> it is hard for me to believe that they didn't know. it's also hard for me to believe how this actually happened. remember as it unfolded sitting back watching and saying they are talking in such absolutist language that they are going to be proven wrong at some point. i think what the white house will try to do now is say we believe in the system we're going to let this play out. he's not been proven guilty yet. they will hope that everybody sort of gets over this story the next several weeks. but there's no doubt it's a permanent stain on the white house. now, let me put myself in the white house's shoes tonight. i understand they say we had to bring him back. >> right. >> but they did not have to have the rose garden ceremony. i think what happened is they got e namerred with this idea of what the story would look like

and how the movie would play out that president obama would be a hero and parents of a prisoner of war could be in the oval office and walk out to the rose garden and speak to their son. and they love the theater of it. what's amazing, megyn, is no one in the white house -- lots of different offices had to weighed in on this, no one says maybe they could just do a photo release from the oval office. >> it wasn't a mystery that he was suspected of desertion. we had talked about that on this show prior to this whole thing. >> so they knew it. and then in addition what happens is they get this idea in their mind that the president from the beginning, we know this is a campaign promise, he's wanted to close guantanamo bay. >> there it is. >> and i think when they saw the opportunity to take five prisoners and swap them for someone they wanted -- >> five top commanders. this is what i want the audience to understand. this is what general keane says. former vice chief of staff of the army. >> yeah. >> he says i believe in getting back every man but not at this price. it could have been done in different ways. he didn't have to trade those five guys.

so the question is why'd they do it? is it more about emptying gitmo than it was at the time or about getting bowe bergdahl. >> the timing all was last spring. i understand bowe bergdahl was possibly his health was in danger, but also the president was campaigning very heavily to show that his liberal democrats -- the liberals have been the ones complaining the most about the president's slow pace of closing gitmo. and the president is actually more in line with the far left wing of his party on that issue. i think he really wanted to do it, so he found a way like, oh, this will be a good story line and then i can start emptying out gitmo. so you have the taliban issue here. what's the other -- the most prisoners now where are they from? yemen. the model of success in the middle east, which tonight saudi arabia is starting military actions against the huthis. >> and today the white house

stood behind comments that yemen is the example of terms to fighting counterterrorism operations. the disconnect is alarming. >> but they're wanting -- i think they're talking in so many different directions they're hoping that nobody is paying attention. on this one i'm glad for the families of the victims that they get some justice. also, i think it was a very important decision what pete was saying is true about what the military's role and how they handled this. it was obviously a very thorough investigation. they did not cave to any political pressure. and they helped restore morale in the military, which is critical for the chain of command. >> and i want to tell the audience that we are going to have several of those platoon members back on the program together tomorrow night. so you will see their reaction to this news. dana, great to see you. the news on bowe bergdahl broke late today. and the administration has not come out to address it and you heard ed henry saying they're not coming out tomorrow to address it either. but i happened to have a chance to speak with jen psaki a short while ago.

she's the outgoing spokesperson for the state department and the new communications director for the white house. as folks look at, you know the fact bowe bergdahl is now being charged and we have three of the five taliban commanders trying to return to terror, they're asking this question, was it worth it? up next her response to that. plus, our first chance to ask her directly about the hillary clinton e-mail scandal. also breaking tonight, chilling new information about that plane crash in the french alps that killed 150 people including three americans. the "new york times" tonight reporting that the voice recorder of the plane indicates one of the pilots was locked out of the cockpit moments before the plane went down en route from spain to germany. what's more the times is reporting that investigators could hear the pilot trying to break down the door to get back into the cockpit. all of this is raising serious questions about what happened inside of that plane during its

final descent and whether the theory of an intentional manipulation needs to be seriously considered. we are investigating. we'll have a live report along with a former ntsb investigator coming up in just moments.

back now to the breaking news on our top story.

the military charging army sergeant bowe bergdahl with desertion and misbehavior before the enemy over his 2009 disappearance from his remote base in afghanistan. at the same time we are learning that most of the taliban commanders freed by the white house in exchange for bergdahl are now trying to return to terror. earlier i spoke to state department spokesperson jen psaki. jen, good to see you again. >> great to be here, megyn. >> as folks look at you know, the fact that bowe bergdahl is now being charged and we have these three of the five taliban commanders trying to return to terror, they're asking this question, was it worth it? >> well, let me first say as you know as a lawyer this is a military justice issue being handled by the army. this is a step in the process. and there are many steps past here. was it worth it? absolutely. we have a commitment to our men and women serving in our military defending our national security every day that we're going to do everything to bring them home if we can. that's what we did in this case. >> the folk who is are critical

of this say, yes, we do have a commitment to bringing every man and woman home, however there were other means of doing it. your thoughts on that? >> well, megyn, i think there are always a range of decisions and tough decisions the president of the united states always has to make. and that's been the case for decades. it doesn't reach his desk unless it's a tough decision. that was certainly the case here. >> it was a tough decision, but was it the right decision? i mean, that's the question. they look at three of these five taliban guys trying to return to terror now. and they didn't need to be released from gitmo. >> you know, this is a commitment that we have made. we have long made. we have made for decades. we have the ability to track and work with the qataris. the reason we know individuals were reportedly online and engaging with individuals they shouldn't be is because we track it. it means the system of tracking works. >> what about the fact that the supervision of these five top taliban commanders over in qatar

is supposed to end in two months? that doesn't seem like a good idea. >> well, obviously these plans and agreements are designed and they'll be discussed and we will do erg we can to ensure that the proper precautions and requirements are in place with the government of qatar. two months from now is a long time as it relates to diplomacy. >> wasn't this at base an effort to get these five guys out of gitmo? there was no other way to get them out. this is a way of getting out some of the most controversial prisoners there in exchange on paper for servicemen -- serviceman who at least susan rice told us served honorably. >> well, this is -- this was an effort to bring an individual home who served his country. >> this is what the critics say, it wasn't so much about getting bergdahl back as it was about getting these guys out something critics say was a big mistake given what we've seen with them. >> well, megyn first, we have not seen evidence.

yes, we have seen reports of online activity. again, that means we're tracking it. and that process of working with the qataris are working. >> that's the best way, we don't have to monitor anything, they're behind bars. >> well, megyn, i think the president's been clear that it's in our national security interest to close gitmo. but this was about bringing home an individual who served his country. >> what did you make -- some of the folks today are saying look, did the president know when he struck this deal did he know bowe bergdahl was a potential deserter? why did he have the big ceremony in the rose garden? why was there so much pomp and circumstance to celebrate this man when at minimum he's a very controversial figure? >> well, if we're not prejudging today we certainly weren't prejudging almost a year ago when this decision was made and when sergeant bergdahl was brought home. >> and to those who wonder why susan rice went out there and told the world that this man served with honor and

distinction as now his own army turns around and says no, you did not sir you deserted the men and women in uniform. and you deserted your platoon mates. you say what? susan rice was wrong? >> well, i would say megyn, that the army has taken steps through their military process. we won't prejudge the outcome of those steps. >> do you think he served with honor and distinction? did susan rice have it right? >> i think we look at sergeant bergdahl as somebody who served his country as many men and women have been quite some time since we brought him home and there's been some time for those in the military justice system to take a look at this case. and we'll all be the judge of that once that decision's made. >> stay tuned because coming up next, for the first time we get to ask ms. psaki about her former boss and the hillary clinton e-mail controversy threatening secretary clinton's political future. don't you believe that the secretary of state should be

held to the highest standard? that more should be expected of her, not less? her response to that in moments. and then trace is live with the breaking news desk tonight with details on reports that one of the pilots was locked out of the cockpit moments before that german airliner crashed yesterday was banging on it trying to bang down the door. and 150 people onboard perished. stay tuned.

breaking tonight, new revelations raising new questions for the state department as we learn the agency did not have a permanent inspector general during hillary clinton's entire tenure as secretary of state. government transparency advocates are already saying no wonder wonder mrs. clinton got away with an unprecedented e-mail setup possibly even breaking the law. here now the second half of my interview with state department spokesperson jen psaki. let me talk to you about hillary and the e-mail scandal that

obviously you've been asked a lot about. we on the show have talked a lot about this of-109 and did she sign the separation agreement before she left. and i know you've now said you don't believe she did. but let me ask you this -- >> she did not. >> now you can say definitively she did not? >> well we don't have record of her signing it yes. as same we don't have record of other past secretaries. it hasn't been standard for past secretaries to sign this form. >> okay. so my question to you is whether -- was she outprocessed? did somebody sit down with her, and even if she wasn't required to sign the form was she required to have a discussion about her documents, where they were and how they were going to be tracked in the event documents subpoenas or requests came in? >> well, i think one there is long been a responsibility placed on the individual, whether that's the secretary of state or others leaving a department to archive or print out or account for their e-mails and/or their documents that they

show their work while they were here at the state department. every secretary of state has a checkout process. i don't think it's the same. i don't think anyone would think it's the same as what a typical individual does. i wasn't here at the time, megyn, so i can't speak to what specific steps she took when she parted the department. >> do you know whether there was any effort made by the state department to ensure that the people's documents, which you know are the ones she created and received that dealt with official business, were preserved, where they were and who was the caretaker of them? >> well, there's a standard process where it's up to an individual to account for and archive their documents. there are different ways to do that. >> did anybody at state try to assure themselves that they and she were complying with the federal records laws? >> well megyn, i started here in february of 2013. i wasn't here when secretary clinton departed. it's important for people to understand why she wouldn't have signed the 109 form. because typically secretaries of state want to remain accessible

and future secretaries it's their preference too to their successors and to future presidents so they need to maintain their security clearance. and they may also want to have access to files for future books or things along those lines. there's a tradition of this. >> that is just not true according to the state department officials that we have spoken with on background who say you absolutely do not have to -- you don't sacrifice your security clearance by certifying in this of-109 your separation agreement, that you're giving back all the documents you generated as secretary of state. our documents, not hillary's? >> i'm not sure who you're referring to. i'm giving you context why a secretary of state wouldn't typically sign this form and why in recent history most have not. >> that isn't true. i'll tell you specifically that the state department records management manual, this is your own manual says that the separation process i just went through is specifically required for presidential appointees

confirmed by the senate. that means the secretary of state. she was required to do this. >> megyn, she was the secretary of state. she's not a standard political appointee -- >> there's no exception to that. there's no exception for that. was she a presidential appointee confirmed or wasn't she? >> standard has not recently been standard for secretaries of state to sign this form. >> here's what i'm trying to get at did anybody give two nickles to try to ensure that when a foia request came in or a subpoena came in or a litigation demand came in that the people had the documents to which they were entitled? she thinks they're hers, they're not, they're mine, yours my audience's. she had them hoarded on her server in chappaqua or wherever it was and i wonder if anybody in state did anything to ensure the public had a right to access to them. >> the majority of her e-mails

were with state dot-gov e-mail addresses. we took additional steps here at the state department to send a letter last fall to former secretaries in order to make sure we have an accounting for or records of these documents. >> okay. was state involved at all in setting up that server? >> i don't have any information on the server. i don't have any information to suggest that but that was i believe about six years ago it must have been. >> i know that you've said a lot you know, about what former secretaries have done and so on and so forth. don't you believe that the secretary of state should be held to the highest standard? that more should be expected of her, not less? >> of course more should be expected of any secretary of state. i think that the important thing here though megyn, is that the e-mail process isn't perfect -- or the archiving process isn't perfect. i think we've all learned that over the last couple of weeks. >> and not at state. >> clearly there needed to be a better process.

we've taken steps which we will continue to take not only secretary of state e-mails but number of senior staff e-mails are being archived. we're taking steps to expand that because there should be an automatic process. this information should be accessible. >> senior staff uma and phillippe and mills, jake sullivan, did they sign those separation agreements? >> i'm not going to go through the personnel files of individual state department employees. i think we could -- there are thousands and thousands who have come through this building. so we're just not going to do that from here. >> are they making you do it? because you are getting a big promotion. >> thank you. i am going back to the white house. i will fill out of course whatever forms i am asked to fill out and i'll do that process tomorrow. >> well, ms. psaki just recently got a big promotion and yet another major announcement she has. go to facebook.com/thekellyfile

to watch that part of the breaking news. and we have breaking news about one of the pilots locked out of the cockpit and the voice recorder that captured the sound of the co-pilot trying to smash in the door. that is next. [ male announcer ] meet jill. she thought she'd feel better after seeing her doctor. and she might have if not for kari, the identity thief who stole jill's social security number to open credit cards ruining jill's credit and her dream of retirement. every year, millions of people just like you experience how a little personal information in the wrong hands could wreak havoc on your life. this is identity theft and once every 2 seconds someone becomes a victim. lifelock offers comprehensive identity theft protection. the patented lifelock identity alert system lets you know about threats to your identity by text, phone, or e-mail. and lifelock even offers bank account takeover alerts and alerts for your investment and retirement accounts. lifelock's comprehensive identity theft protection helps guard your social security number, your money,

your credit, even the equity in your home. and lifelock's certified resolution agents are there to help restore your identity if you become a victim of identity fraud. they know what to do. and that's not all. lifelock stands behind their protection with the power of their $1 million service guarantee. you have so much to protect and nothing to lose when you call lifelock right now and try 60 days of identity theft protection risk free. 60 days risk free. use promo code onguard. order now and get this document shredder to keep sensitive documents out of the wrong hands. a $29 value free. ♪ or go to lifelock.com/onguard to try 60 days of lifelock identity theft protection risk free. and get a document shredder free. ♪ and help protect your identity your

money, and your credit. ♪

breaking tonight stunning new information about the final moments before a germanwings plane crashed in the french alps killing all 150 people onboard. the "new york times" tonight reporting that one of the pilots was locked out of the cockpit before the plane went down, and even tried to smash down the door. trace gallagher with the breaking news from our west coast newsroom tonight. trace. >> megyn, an authority involved in the investigation tells the "new york times" that during the early part of the flight there was a very smooth, very cool conversation between the pilots. then for some unknown reason one of the pilots leaves the cockpit. we don't know if it's the captain or the first officer

but that pilot could not get back in. the official says the cockpit voice recorder indicates quoting, "the guy outside is knocking lightly on the door and then he hits the door stronger and no answer. there is never an answer." he goes onto say, quoting "you can hear he's trying to smash the door down." so at this point there are two possibilities. the pilot inside the cockpit was either incapacitated though there's no sound of distress, or he deliberately kept the other pilot out. the cockpit door automatically locks. in the united states you must have two people in the cockpit. so if a pilot leaves, a flight attendant is require today go in. it's unclear what the rules are in germany, but this would explain why during the ten-minute descent there is no mayday or any conversation at the ground. take a look at the cockpit of the a320. there's no center yoke or control column. instead airbus uses a side stick

controller. so it would be more difficult for a potentially incapacitated pilot to slump over the controls pushing the plane down. now look at the flight path, it's steep but very smooth. remember it descended for ten minutes indicating the pilot didn't justin add vert ently push forward and they are fly by error aircraft which means the pilot tells computers what to do. there's been no explanation as all as to why the computer did not override the pilot. the bottom line here megyn this is very troubling. >> trace thank you. joining us now former ntsb board member john guolia. john, what does this tell you? >> well it confirms some fears a lot of the investigating community had because the dots didn't line up in the sequence of events that have been disclosed so far. so we knew there was a missing piece. and the missing piece appears to be either suicide or an intentional act by somebody looking for fame. >> how do you make that leap?

i mean, what if the pilot had a heart attack? >> it is possible. it is possible. but it's not very likely. >> is there any way depressurization happened and the pilot passed out and that's why the other pilot couldn't be let back in? >> but what about the rest of the airplane? if the airplane depressurized, it would get everybody including the pilot and the people in the back. >> could the plane have flown for the ten minutes it was descending on autopilot? >> if he set the autopilot for descent yes. >> so that could have been autopilot and not a pilot flying that plane for that descent? >> yes. >> but what about the fact some are saying it was a controlled descent? does that change your answer? >> no. autopilot flies the airplane better than most pilots can hand fly it. so i would say that it could

have been an autopilot set or could have been the pilot steering the airplane in that direction. >> would the cockpit door automatically lock when one pilot left the cockpit? >> yes. that's part of the procedure. the security since 9/11. and since 9/11 those cockpit doors are essentially armor plated so you can't kick them in you can't get access. >> officials are saying we don't have any evidence that points clearly to a technical explanation. this is the "new york times" reporting. so we have to consider the possibility of deliberate human responsibility. these are folks who have now listened to the voice recorder. and they're telling us there's nothing pointing to a clear technical explanation. do you think they based on their statements thus far are leaning toward an intentional act? >> well, clearly. clearly they're leaning -- and it's probably -- they probably know more than what they've disclosed so far. >> amazingly it would not be the first time a pilot bent on

suicide also committed mass murder. and yet that's a big leap. and very much still in question tonight. but stunning reporting by the "new york times." john, thank you so much for the scramble tonight. thanks for being here. >> okay. well it's been three days since senator ted cruz became the first latino republican running for the presidency. he's also been compared to another how they are trail blazers, how they are going to be the first. well, not so much. we have that story and a stunning clip from one of our "competitors" on ted cruz next. >> the guardian's declaring you are done. 48 hours after you have declared. and to that you say. >> well, look, there's nothing like the warm embrace of the mainstream media. and i have to say -- [ laughter ] janet? cough if you can hear me. don't even think about it. i took mucinex dm for my phlegmy cough. yeah...but what about mike? (cough!) it works on his cough too. mucinex dm relieves wet

and dry coughs for 12 hours. let's end this.

life's taught me a lot and i'm ready for more. well, you're not the typical kind of candidate that i hire, but you are exactly what i'm looking for. [narrator] your company could be missing out on the candidates it needs most. learn how to find a great pool of untapped talent at gradsoflife.org. the guardian's declaring you are done 48 hours after you have declared. and to that you say -- >> well, look, there's nothing like the warm embrace of the mainstream media. and i have to say -- [ laughter ] >> that was senator ted cruz on "the kelly file" last night. i asked him about his welcome from the mainstream media, which many have since noticed is very different from that that was given to then-senator now-president barack obama when he first announced his run for the white house. joining me now to discuss it marc thiessen, fox news

contributor and former presidential speech writer for president george w. bush. let me start with you marc. when barack obama announced he was running, i mean "the washington post," they were so excited. they talked about how no matter what your political leanings are you're likely to feel at least a twinge of excitement about him. but they didn't really feel that -- >> the left wing commentators have been having a field day with ted cruz's announcement. it's not just the commentators. let me read you what "new york times" said about ted cruz announcement. mr. cruz, a first-term senator is seen by republicans and democrats alike as a divisive figure, marked by actions of demagoguery. here's how "new york times" reported barack obama's announcement in 2007 on its

front page. same newspaper. obama's launching a journey rich with historic possibilities and symbolism, speaking smoothly and comfortably mr. obama offered a generational call to arms. this is -- these guys are very similar in a lot of ways. the embrace of the mainstream media hasn't been the same. >> if you listen to the audio tape it ended with hail to the chief. a one-two punch. katrina, let me ask you, you would think a publication like the times would be celebrating, the first latino president ever, same as barack obama first black president ever, and i don't really feel that when i hear the coverage. >> no, there is some hypocrisy. i've never worked for the senator but i've been one of his big volunteers from the beginning. over the last two years liberals and democrats have been championing people coming across our borders. and they say they want a better life. they're fleeing tyranny. they're fleeing oppression.

here you have a man that is a walking testament to immigrants who have fled their countries to seek freedom and have achieved the american dream. megyn where is the outrage? >> and what about here's some outrage for you. over on another cable station today, marc, this is how she's apparently the editor of ebony magazine, described cruz's statement about how he came to love country music after 9/11 because he liked the messaging he heard in country music. here was her response. >> nothing says let's go kill some -- fight country music. >> fresh from lynchburg virginia. somebody who doesn't want to be a polarizing candidate to bring people together. >> obviously. >> i mean, really? >> it's absurd. >> something's absurd all right. so absurd that that network then had to come on the air a couple breaks later and apologize for her remarks which i have yet to see her do. >> i think more people just saw

it now when you broadcast it than when it was originally broadcast. look, liberal attacks like this help ted cruz. america hates washington and washington hates ted cruz. so that's not going to hurt him in any way to have msnbc commentators attacking him. the difference though that he has to contend with is that unlike barack obama he's taking friendly fire. a lot of the criticism of him is coming from the right. it's one thing to have "the washington post" and "new york times" editorial page criticizing you. it's another thing to have "the wall street journal" editorial page saying you're a polarizing figure and called an opportunist. >> those are mainstream sort of yesteryear republicans and not true conservatives. >> one of the original insurgents, backed -- >> hold on marc. i need to get katrina in. >> sure. >> that's true, megyn. it's some of the old school good old boy network. but what they fail to realize and why it's happening from the right and left is that ted cruz

actually can bring people together. he did it in texas. i was with him in the beginning when he was negative in the polls and told you guys are working for a candidate. it's never going to happen. guess what? we went out there and he went and talked to the american public bypassing the mainstream media as well as the establishment. and the senator can sell freedom and freedom is a winning message. >> once again you can cue a little song here. great to see you both. thank you for being here. >> thanks, megyn. >> the other hot stories of the day are up next including the dramatic departure of the official white house florist. believe it or not there was some drama there. also, the benefit of power naps and what is going on at one of the top spring break destinations one year after town officials promised "hannity" a big crackdown.

a new white house scandal is brewing tonight involving the first lady and the chief florist, laura dowelling you know her. co-host of "fox and friends" right here on fnc. what the heck is going on with the chief florist? >> can i say to get the nod to do this is fantastic. she had the job for six years. congratulations. you've got to be good at it. but something happened on february 13th that made her not only lose her job but be escorted out of the building. was she concerned that she was going to identify where truman put his tulip bulbs before spring happened? what could possibly have gone wrong? she also goes onto say i'm leaving for more exciting opportunities. no offense to the florist industry, but what could be more exciting for a florist than working at the white house? lincoln was there. it's a mansion. there's nothing more exciting. i know mother's day is coming up and the lines will be long, but

you'd much rather being in the white house am i correct? >> it's amazing to think she got escorted out. if there was some sort of tussle between laura and somebody in the white house, it must have been -- >> i've taken a glance at laura dowelling, it doesn't take a lot o escort her out. they walked her out. i mean is she going to overpower you? >> they said maybe her style didn't fit the first lady's more modern style. >> six years to find out? >> we're going to have to dispatch the investigative team to this one. apparently if you take a 45-minute cat nap you are a very happy person and remember everything. i don't remember i can't -- >> you're referring to the study at germany. they talked about 60 kids and said remember these words. you remember these words, but take a 45-minute nap. they come back and the peach that watched the dvd didn't remember -- >> random people in their beds. >> yeah. i shot this. it took forever to do. i was lucky to get here on time. a few people were fake sleeping. and i said i got to move on. but here's the deal, megyn, as we both know, if you get more sleep you will remember more

things. >> yes. >> but we don't have sleep. for example you decide to have seven kids under the age of 3. >> that's right, that's me. >> you cannot get 45 minutes of sleep. you'll get sued if you fall asleep. we would all like 45 minutes of extra sleep. >> this explains a lot about your performance on fox and friends. i know you go to bed at midnight and wake up at 3:00 a.m. and you have your notes. >> i've already forgotten the '80s and '90s. >> speaking of the '80s and '90s, did you ever behave like this on spring break? didn't you say last week you never went on spring break? >> i was working at bennigan's. i called down to panama city beach, turns out it's no better this time. i talked to a lawyer said it's out of control. i talked to emergency room doctor it is stabbings, shootings. they are sticking tubes down people's throats to get their nervous system going again. that's the type of drugs going down there. there's 1.5 million people going

and they could stop this tomorrow by putting a curfew at 12:00, putting a ban on the beach. somehow they think it's profitable. bottom line they're not spending money, eating saltines for free and beer on the beach. >> i got to go. >> they can stop it. >> there's something very important to say. good to see brian. tomorrow he sits down with jeb bush. catch his radio show just aftftftftftft [ male announcer ] meet jill. she thought she'd feel better after seeing her doctor. and she might have if not for kari, the identity thief who stole jill's social security number to open credit cards ruining jill's credit and her dream of retirement. every year, millions of people just like you experience how a little personal information in the wrong hands could wreak havoc on your life. this is identity theft and once every 2 seconds someone becomes a victim. lifelock offers comprehensive identity theft protection. the patented lifelock identity alert system

lets you know about threats to your identity by text, phone, or e-mail. and lifelock even offers bank account takeover alerts and alerts for your investment and retirement accounts. lifelock's comprehensive identity theft protection helps guard your social security number, your money, your credit, even the equity in your home. and lifelock's certified resolution agents are there to help restore your identity if you become a victim of identity fraud. they know what to do. and that's not all. lifelock stands behind their protection with the power of their $1 million service guarantee. you have so much to protect and nothing to lose when you call lifelock right now and try 60 days of identity theft protection risk free. 60 days risk free. use promo code onguard. order now and get this document shredder to keep sensitive documents out of the wrong hands. a $29 value free. ♪

or go to lifelock.com/onguard to try 60 days of lifelock identity theft protection risk free. and get a document shredder free. ♪ and help protect your identity your money, and your credit. ♪ so there's going to be a little psaki coming our way. jen psaki is expecting. check out our talk about it at facebook.com/thekellyfile. no mean tweets. womanananananan >> a fox news alert. the one of the pilots walked out of the cockpit right before it crashed. details on his desperate attempt to get back inside.

we are live on the mountain with the brand new details. >> deserters we traded five top commanders to free him now bowe bergdahl is charged with abandoning his post. new fallout as they stand by. >> tornadoes ripping through the south and more ob on the way. maria molina is live on the ground tracking it all for us. "fox & friends first" starts right now. >> good morning. you are watching "fox & friends first" on this muzbusy thursday morning. >> we are going to begin with a fox news lart. the pilot flying the new german plane was locked out of the cockpit moments before it landed in the swiss alps and killing everyone on board. >> was this an accident or was it intentional?

we are live in the french alps with the latest. good morks, morning, amy. >> what does this bombshell information really need. we don't know the whole story and we don't be know the veracity of this report. i will say no one here has confirmed it nor have they denied it. the french aviation authority expressed anger on a french talk show that the leak was made. we are trying to gather as much information as we can. we have spoken to german wings the company of flight 9525. they won't confirm or deny any of this. when they what they told me is when one leaves the cockpit only the pilot can leave. the cockpit voice