you. jon: we will see you back here in an hour although i will be making a cameo appearance on "outnumbered" in the hour ahead. jenna: what? jon: very quickly. >> we look forward to that. here is "outnumbered." >> begin with a fox news alert. stunning turn of events in the fatal crash of that german airliner in the french alps, killing all 150 people on board. french prosecutors say the 28-year-old copilot this man, deliberately crashed that plane. he pressed a button to send it into a 400 mile-an-hour descent. he did so after locking the cabin, captain out of cockpit. authorities say they know all of this from the chilling flight recordings on which the pilot can be heard frantically banging on the door trying to smash it down to get back in. also prosecutors say that copilot you see there, was conscious. they could hear him breathing on the recording. as those people aboard appeared to realize the horrifying fate

that awaited them. >> translator: he didn't say a single word. it is total silence. i think the victims only realized at the last moment because, on the recording you only hear the screams literally on the last moments of the recording. >> this is "outnumbered." i'm harris faulkner. here today andrea tantaros, host of "kennedy" on our sister network, fox business kennedy. ainsley earhardt. today's hag hag. #oneluckyguy, erick erickson. it's a busy news today. >> it's a busy news day. thank you. >> shocking turn of events on the plane crash which looks like intentional act of mass murder questions, lots of them. amy kellogg reporting live from southeast france now.

>> reporter: harris, a german colleague here on the ground told me in the alps heard that the pilot and copilot's wife and girlfriend traveled together. when rumors arose about what actually happened on flight 9525 the copilot's girlfriend they were separated and the copilot's girlfriend went directly back to germany. as we speak harris family members who chose to come here to be close where their loved ones die to give dna evidence et cetera, they are in a chapel secluded in this town with a ceremony closed to public. we have briefing from officials now. details that you mentioned harris point paint very graphic picture of those final moments of the flight. we are trying to learn more about the copilot, who apparently brought the plane down. andreas lubitz, 28 year old. 600 flying hours under his belt from central germany between

cologne and frankfurt. the faa database had him listed someone who excelled in education and medical training. according to the friends he was quiet. he loved flying. he was very proud he landed the job with the lufthansa affiliate. that is really a top job in germany. apparently he also trained for a while in phoenix, arizona, according to one of his glider pilot club members. the battered voice recorder ended up providing a lot of information picking up the crucial final minutes. everything, all the conversation up until the last moments was very cordial between the pilot and copilot. when they got to cruising altitude and the pilot stepped aside, presumably, for a bathroom stop. the copilot suddenly became curt and went silent. pilot referred only to patrick s, got up to leave the cabin for a short while. in those ensuing ten minutes lubitz was silent ignoring

frantic pounding on doors and calls from various control towers what was going on. family members are here. rescue recovery crews have very difficult task, harris, of continuing to go by chopper up into the crevasse in the alps, recovering body part by body part putting them on to helicopters bringing them down here into refrigeration trucks. dna evidence being matched with some of these body parts for identification as it begin as grim process. we heard from german chancellor angela merkel saying this latest news this final news we're getting about what happened in those moments brings a new income hensable dimension to this tragedy. the ceo of lieutenant towns sachs which is the parent company of germanwings saying they honestly didn't believe that it could get any worse and it has harris. of course all sorts of questions will be asked why one pilot has been allowed to stay alone in cockpit.

here in europe there isn't a regulation that says when a pilot steps aside, a crew member has to sit in with the remaining pilot or copilot to ensure that everything is under control. that may be changed but the irony is, so many regulations were tweaked off 9/11 to keep the, to keep the cockpit safe and now some of those regulations, these doors that lock and so hard to get back into led to a pilot actually causing a tragedy inside of a plane. harris? >> amy, thank you so much. maybe we can leave this on for just a second as we remember those 149 passengers and crew. i can tell you that the ceo lufthansa a short time ago gave a news conference. he referenced what his company would be doing to get those families to that location and other locations where authorities are talking with families and letting them confirm the information about their loved ones. they don't want them to find out on social media, so on, so forth. lufthansa's ceo is trying to make that happen for these

families today. let's pull away now from that. ainsley, i want to come to you first. i know you looked into this whole situation with this copilot. goodyear, arizona he spent part of his training. we do know that. fox news will reach out to them because of time difference from the east coast to done this. as soon as they open 11:30 phoenix suburb at that school we'll see if we can learn anymore. 630 flying hours is not a whole lot that would have been a different situation. >> absolutely n this country the faa requires requires you as a copilot to have 1500 hours under your belt before you're allowed to do this europe, o%viously very different. maybe rules will change. other difference, germanwings doesn't require two weime here in the cockpit. here in america after 9/11, faa changed rules. if you have two pilots one needs to get up to go to the bathroom or stewardess or flight

attendant we call them, get in to take his or her place until the pilot comes backs of if that happened in this case it would be a totally different situation. when amy gave that report something dawned on me, we've an been reporting last few days it gotten worse and worse as the president of lufthansa said, as we were initially reporting this why did the plane go down over mountains, was it something with the air or weather there? i realizing it was happenstance. it happened to be when this copilot needed to go to the bathroom or that pilot did. >> perhaps. >> this is my opportunity to take the plane down. the other requirement we have in the u.s. that they don't with germanwings they don't require in europe for each pilot to have a psychiatric test. you're allowed to be a pilot on antidepressants. different story here. >> andrea i want to talk to you about that a little bit. where we go forward globally but also here at home. i looked into how germany prepares their pilots. they have a personal impression as part of their screening. ainsley is pointing out that

may or may not include a mental evaluation. we don't know what the impetus was for him to do this deliberately. >> that's right. >> but as you look at this, in kind of a light-handed screening, and that mental those stigmas about mental evaluations do exist. i wonder if it is time to step away from this. >> we do it very well in this country, thats is monitor pilots. >> they monitor pilots. >> my older brother dean, is pilot for united airlines. believe me, they monitor fatigue of pilots. they keep track of their hours. they regularly are drug tested. they have psychiatric exams. we're on top of it in this country. i'm sure that will all change with lufthansa if they're not giving them as ainsley point out, psychiatric exams. arguably you could be a pilot on some medication or something could happen to you traumatic in between the psychiatric exams. not like they're giving pilots the exams every single week. but it is just a sad sad story to hear that the people were

screaming in those final moments. and you wonder, too i'm sure prosecutors and investigators are talking to his barrel friend to see if there were any mental signs. sitting here wondering, did the pilot try to get other men and women on the flight to help break down the door? what was happening in those final minutes? so many questions we don't have answer. >> there is a lot on that recording that we're learning. we're really fortunate, even though it was damaged in terms of falling from the sky and disintegrated pretty much there is a lot of information. eric there has been talk about cameras, how they might have made a difference either inside cockpit, right outside the door, inside of the cabin. >> i don't know if cameras knowing what we know now would have made a difference in the situation. what is missing is the flight data recorder. apparently airbus has it on a sim chip. they found the box and the chip's not there. so it is somewhere in the debris field, given impact. i don't know that cameras could have done it. we're very fortunate to have the

flight voice recorder being able to capture this. you could hear him breathing. it doesn't sound like based on what know he had some sort of a fit while in the cockpit and became incapacitated. sounds like he was fully awake which makes it more terrible. >> before we move on, a quick thought, kennedy. >> i wonder what is worse mystery of malaysian airlines, you don't know what happened to passengers but having energy more quickly. every detail we learn about the story is more horrific than the past. incomprehensible that any human could do this to other human. is there suicide note or social media, possessions that his girlfriend might have to shed lights for victims families. rest of us that fly on regular basis, shakes to you this very core. >> issue among trust among passengers came up with the ceo news conference of lufthansa short time ago. he said he had every confidence the way they screen pilots and

they can feel safe. you're bringing up news points that happened last couple years with planes going missing. people can't help think about it. it is what it is. as we learn more we'll report it. new developments could be justly coming on the crash in the french alps. wee bring you more information as kennedy put it so well, gets more mysterious. plus army sergeant bowe bergdahl is charged with desertion. but the state department is defending the taliban swap that led to his freedom from captivity. did the obama administration make a mistake. join us "outnumbered overtime". foxnews.com/outnumbered. it was swamped yesterday. get on early. get in through your facebook or twitter page. chime in when you tune in. certainly once we get online stay close. ♪ e.

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lubitz had 600 hours of flight time before the incident. prosecutors say the captain stepped outside of the cockpit. then found himself locked out and that the copilot was conscious the entire flight. now investigators are trying to find out if he took extra precautions to keep the pilot out of the cockpit. this as the search continues for the remaining parts to the second black box that could hopefully help solve this mystery. we'll bring you any new information as we get it right here on "outnumbered." 10 months after sergeant bowe bergdahl was released from taliban captivity, the army announcing that it has charged him with desertion and misbehavior before the enemy. now you will remember bergdahl disappeared from his patrol base in afghanistan back in 2009. he was held captive by the taliban for about five years of the, until a controversial prisoner swap. the administration then took a victory lap with national security advisor susan rice, remember this? going on tv, national television

and insisting that bergdahl served with, quote honor and distinction. but now we're learning three of the five taliban commanders traded for bergdahl have tried to reconnect with their terror networks despite that report, state department spokesperson and incoming white house communications director jen psaki, defended the swap last night. >> was it worth it? absolutely. we have a commitment to our men and women serving 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. >> i thought i had seen it all erick erickson. until i actually saw the report. i'm glad he has been charged. now the mother of this first class matthew martin, believes he died looking for bergdahl disagrees. she says the taliban exchange was a bad deal and he should be held accountable. >> every man and woman that's in

the military deserves the answers to bergdahl and the accountability. the military morale, i would imagine, has been uplifted with the news of the charges. but these are only charges. there's a trial. there is a lot more to this. >> these hardened terrorists release ad rose garden ceremony the white house thought this would be some kind of spike the football good thing to -- >> just a story. >> in the 1950s this could be considered an impeachable offense. >> this makes me so mad. not just that remember we know the pentagon in 2010 internally decided he probably desserted. we had soldiers served with him on with megyn kelly after it happened, they believed he possibly gone in search of the taliban. the response from the white house and left to attack fox, attack megyn kelly, attack six soldiers on her tv show.

deputy secretary of hud call these six soldiers psychopaths for daring to suggest that bergdahl had gone. now the white house that did this, that traded five terrorists for a guy who possibly went in search of them, clearly looks like deserted is saying trust us with our negotiations with iran. >> we have a little bit of that. let's watch it. >> 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 and we know that for a fact. we were all there. there is not one person who would find that say they don't believe that. who was there. that is, clear as day. that is what we're trying to put out there. he is not a hero. he did not deserve in distinction that is spit in the face anyone who joined the army and anyone who died looking for him. >> before this trade was even done harris, were there wrotes

that bergdahl could be a deserter. he was very controversial. how did the white house not know it? or did they know and did they not care? they were banking the media wouldn't report on this? >> remember susan rice described him as serving with honor and distinction. some attorneys say that could help him towards a possible court-martial. he could use the words in his defense. some of my greatest points come from greta van susteren who emails during the program. i love you. yes, harris, bergdahl is charged with desertion which means he left. he could have gone to the movies. that is not the most serious charge. the misbehavior before the enemy is really bad in all caps. that means he helped enemy. most people on tv talk about the desertion. that helping out the enemy that's the problem. >> kennedy that is what judge andrew napolitano said. that is the big issue here against bowe bergdahl. we find out according to reports that the white house did nothing to negotiate.

they just came back we want these five hardened criminals that tried to plot to kill americans and white house said, okey-dokey. >> there were apparently other options on the table. extract bergdahl. people in special forces whisper about operations to go in and get him. obviously they chose the prisoner swap. there are people in the administration who doubled down. and even jay carney, after bergdahl was released, said, well, it is an honorable thing to wear the military uniform. that is certainly distinguishes you from the rest of society. like no. when you're in the military talking about the military, the terms honor and distinction have very specific meanings. you can not apply them subjectively. >> reaction of this white house was to attack, to attack the soldiers who told the truth. >> that's right. >> this is what happened. you have a guy who was supposed to serve our country. he did not do his job. he turned against our country but then because we serve or they serve such an amazing country, so many soldiers of his

comrades go in to find him rescue him, as a result there are six preventable deaths. those men put their lives on the line. families and generations are changed forever. there are empty seats at christmas table every year. >> right. >> there are last names that will not be passed on. there are generations affected. then that, also you've got the other side of it, you've got these prisoners taliban prisoners. no telling what they will do in the future. for jen psaki, susan rice to say these things that is slap in face. can i mention the individuals who died. clayton bowen. morris walker, curt curtis darren andrew, michael murphy and matthew martinek. thank you for your service and families. >> thank you for mentioning their names ainsley. last night listening to jen psaki. she didn't acknowledge them. she didn't acknowledge the men and women in way she really should have. this is so embarrassing for white house of the not that it makes them look bad.

she was protecting bergdahl last night. protect president. >> they have reached out to many so of those on their networks, at least three of the taliban five. >> airline disaster in the french alps may be intentional act of mass murder. procedures put in place after 9/11 may have enabled the copilot to kill their passengers. jon scott our own licensed pilot with years of experience on how these procedures are supposed to work, coming up. plus the administration still considers yemen a success. yes, sir really a role model in the war against terror. why official word coming out of the white house does not appear to match what is going on the ground. [shouting] major: here's our new trainer ensure active heart health. heart: i maximize good stuff like my potassium and phytosterols which may help lower cholesterol. new ensure active heart health supports your heart and body so you stay active and strong.

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as the germanwings plane went down the captain was not allowed to reenter the cockpit. it appears the co-pilot tampered with the knob locked him out, or flipped the switch or whatever was needed. europe doesn't have the same safety rules we have been talking about on the couch. procedure for the cockpit doors. our team expert jon scott, from "happening now," a coanchor and licensed pilot. we have video of the looking program that air bus put into play after 9/11. it is as a switch inside the cockpit that goes up or down and you have the button and then the code. explain it to us please and did it fail or what happened? >> guest: that is what you are looking at there. inside the cockpit this

particular key pad is outside of the cockpit. what is supposed to happen is if a pilot is locked out of the cockpit you isare seeing a flight attendant, she is going in and finding the pilots slumped over because she could access the cockpit with the air code. the airline issue as code only employees know they type it in the pad and they can get into the cockpit. the button inside the cockpit, the switch inside the cockpit, low as you to override and eliminate that. there it is. by throwing the toggle switch in the lock position and that locks out the key pad for five minutes and prevents anyone from getting in. this co-pilot had eight minutes to descend the plane and presumely the captain was in the

bathroom for a couple minutes. the co-pilot had five minutes where he was alone in the cockpit. the co-pilot was still in charge because all he had to do was toggle it back to lock and it is locked again for five minutes. >> people were wondering if he blocked the door but he has to push it again? >> guest: that is supposed to be a fail safe in case a hijacker puts a gun to the head of a flight attendant and says tell me watt it is. the u.s. flag carriers have a rule and i have seen it abided by when i fly, that there is never to be one person left alone in the cockpit. even a relief crew member or flight attendant is supposed to go into the cockpit with the person flying if one of the crew

has to use the bathroom or something like that. apparent apparently they don't have the same rules in europe but i think they will be established immediately. >> hi jon. it is andrea. what is the first thing you would be asking? i assume investigators going to the girlfriend and family members to ask about mental illness but what would you look at next? >> guest: i want to be a little reassuring to the viewers. a friend who flies more than i do said look at this. there is an avilation flight training program and you can start with zero hours and get on their payroll and they will pay you to be a pilot. he has 600 hours. i have more hours than that. in the united states people who want to be an airline pilot

really have to want it. they have to undertake their own training and almost every case they have to spend a lot learning how to fly and after years and years in the cockpit they can make it to an airline. so just letting anybody who thinks they would like to fly one fly one might be reevaluated >> that is a great point on how well trained the pilots in the united states are. the situation in yemen is spiraling into chaos as the white house continues to tout success. the rebels backed by iran have been targeted after taking over many parts of the country condeming the saudi arabians entering the conflict calling it

a dangerous step. mean time there are secret files obtained that detail operations in the country and other reports have the yemenian government switching sides and handing over files to iran. despite this the white house is calling yemen a success. josh ernest yesterday said this: >> we do continue to enjoy the benefits of a sustained counter terrorism relationship with the security infrastructure that remains. there are elements of the yemen government that we continue to be in touch with and continue to further further our efforts. >> we saw the violent footage. how is this considered a success? >> this is the problem with the

administration. they are digging their heels in trying to tell people they are right. they did it with bowe bergdahl in yemen, and this place is on the bring of war. if they are saying they are still in touch with the government which one? huttis are in control of the capital and he is hanging out under house arrest and what means are you communicating? it is utter non-sense. by the way, if this is success, i hate to see failure. >> we are looking at the sunni's and shiites at each other throat and a looming deadline with the iranian nuclear deal. are we on the verge of seeing an armed race in the middle east? >> it sounds that way. like with bowe bergdahl the president hasn't read the paper to see what is going on.

i grew up in the middle east. one country is third world and yemen is a place you don't want to go. we have had people in there and the president is saying we are going to negotiate with iran in good faith and they are going in and stealing intelligence files and data. we have the report isis is putting up the profiles of american soldiers. looks like iraq and iran both hate us. >> harris what point do we stop and say what are the interest of the middle east? are we sending men and women over there, who we see with limbs blown off, to these country and if so why? >> i don't know when that will happen but i can tell you we are six years in a one and a half terms with a single president. so we getting into the lame duck

zone. i am not sure they will pick up the stick and run with it. but it is worse than what kennedy says. the president of yemen got on a boat and left the country. >> who are they talking to? >> there is al-qaeda in the arabian peninsula we need to keep up with. >> this is all about protecting the precious. the white house, the media they all have to protect obama and his reputation. this is all going into the gutter. >> somebody is going to have to protect us. they are running around doing whatever they want and our special forces were pulled out ration ration ration -- embassy done and we are on the verge of civil war. >> how is this success? this is coming from the same

president who called isis jay-z. this is not success. we pulled out and the rebels went to the air base and now there are concerns they have our weapons and equipment. >> and charlie hebdo in paris -- they pulled off those attacks. that is who we are talking about. >> we don't need oil from saudi arabia and i wonder what our interest is over there sending men and women die. i would rather the president not send troops -- >> this is a great illustration of what the hell are we doing in the middle east? we don't have a plan. we are damned in every country. >> if we are there they are coming here. >> would you rather send men and women to die when we don't have

a plan or identify an enemy? lots of wreckage to shift through for the french alps as we learn more on the story and if lives could have been saved from safety regulations. and now it looks like hilary clinton wants to hug it out with the president. why she is embracing him and many policies ahead of the 2016 race.

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supporting the president. she supported nugauche aceegotiationnegotiations with iran and tweet tweeted list of accomplishments with the hilary clinton act and a picture of them hug. 16 million covered young people, preexisting conditions, women get better coverage. repeal those things? embrace them. eric duncan -- eric ericson why is she saying this? >> she is not affected by it. it is only the poor people and ted cruz. she could careless. she has a real problem. you have to know your base and the democrats have this problem. they don't have a base. they have obama's base. if they try to separate themselves from obama there is no guarantee his base turns back

to the democratic brace. there are so few parties that control the white house and get a third term because the candidate has to own the white house agenda. >> it is just like her husband who had his back turned on him by al gore. is she trying not to repeat history or realizing she has to embrace the base? like megan trainer. >> it is all about the base. she can not put daylight between the two because this is the inspiration for this. she needs the president, his base his lift and his support. but he needs her to not trash his legacy. so this mutually assured destruction is going together. she needs the doj not to investigate also. they need each other.

>> you guys both worked on campaign do you think they get together? do they actually discuss i am going to support you and in return i want your donor money or done support me? >> usually it is the people connect connected to the candidates that have the conversation so the candidate can deny it. but they will say i have to distance yourself and here is what the polling says. it looks like she is running in defense of obama and that is going to be disrupting and a downfall. george bush in 1988 won a third term because reagan was poplar and al gore didn't win because he didn't pivot from clinton. >> she feels like why not embrace him? the server issinking me nothing will. and joe biden is as well.

>> all right. a sports drink for kids. why and where everybody gets to play and no one is left out over even if they are not any good at the support. that sounds great if you are in pre-school but how will older kids learn about failure and rejection? spend the day with me, young ones.

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a sports league for kids where everyone gets to play. this is in the washington, d.c. suburbs. no one is left out as long as parents can pay for their kids to play the sport. some run as high as $1200 a player. the guy behind it says it provides organized sports for kids not ready for elite or high school teams. he is our number one objective is fun. we are pursuing comrade and good values. i think it is great. the screaming parenterizes are not there screaming at them. i think it is a good way to show you are important. >> everyone is mad at this but when you get into high school it

is only the elite players who continue sports and there are not a lot of place do is do club sports so it keeps them active engaged and often times after 13-14 that is when you see a huge drop off so i encourage it. >> yeah but $1200 find a vacant lot. >> can you put a price on your child feeling special and part of? i would rather pay $1200 for my child to pay a sport year around and i know where they are. >> it seems bizarre you have to pay to get the friends together. >> some are $150. >> can they pay in installments? >> probably. >> it is a little pricy. >> the number one objective is fun. it is just like the show.

>> it isn't like this is in public school where everybody gets to play. then you might not win. the whole point of this is for in fact to have fun. the other programs might be for scholarships. but there is lot to be said for winning and loosing. you learn how to dust yourself and if you don't get dusty -- >> if you don't make the high school varsity team chances are -- >> i have a six year old in little league where they don't keep score but the kids do. >> go to the parents. >> there is value to having a goal to work toward. fun is great. i love fun. but even on "outnumbered" we like to win. >> when you are on a team in the middle of the pack -- >> harris i think we are assuming these kids don't want to win. i think they want to win but they don't want to be screamed at don't want parents screaming at them and to kennedy's point

they cannot get on the other teams so what option are they left with? they want to win and not be screamed out. >> there are times when they have the opportunity to feel rejection and failure. i am sure they already are. >> let's hope congress is not run this way or is it? a congress woman's parking lot fail. look at this. it has gone viral. >> that is amazing >> she was in a hurry. we have the reaction to this.

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>> it is the sale that went viral. in a video rocking social media, they can be seen wedging the car in a wrong angle in the parking lot and her vehicle appearing to rubbing up the other vehicle. at one point a police rides by bab o'baliffious. and they insist there was no damage to a vehicle. she left a business card and note. >> if there was no damage why do you leave a note. >> you can tell by the angle of the car. instid of the way you are

driving she cut over. why not fix the problem and pay attention to the white lines and the other cars are parked. >> i don't know, throw it in reverse and go around and pull it in the right direction. >> she is a congresswoman with no vote. >> she is 77 years old and still out there. >> and you feel guilty. >> and i love it. it gave us something to laugh b. >> i know my husband is watching this and like you hypocrite. i mean, i am not lying to you. when i pull up my car to the autobody shop carlos comes running out with tears. and oh, thank you my children will go to harvard. >> so no one rides with you? >> i think i am a great driver.

>> i have driven with you. i sit in the back seat in fear. >> you are in the back seat. >> the biggest pet peeve when you right in a taxicab. you hate the stop, start, stop start. >> it is the slow poke in the left lane. pull over. >> don't you feel badly when the person nudging the other two cars. i would be so upset. and they do it and in dc i live there too. and diplomats and congress people drive like maniac. >> it is like gossip. if you bump up to a car they will bump up to yours. >> and my father used to say to my mother. you hit everything but the lottery numbers. >> really good to have you here. we'll stay here for outnumbered over time. click on the overtime tab.

we'll be back for the tv version of us. and "happening now" you can bet they have the latest on the plane crash in france and all of the details about the pilot and co-pilot that locked that plane and deliberately landed it in crash mode. >> fox news alert. it was no accident. prosecutor said the co-pilot deliberately crashed the plane in an act of mass murder. >> officials confirmed he locked the cockpit door and flew the plane in the mountain side. we're covering all of the news happening now. >> the co-pilot refused to open the cabin door. >> prosecutors are calling it mass murder. >> a german co-pilot