be a rapscalion. when writing to the factor. please always remember the spin stops right here. definitely looking out for you. >> right now on justice. >> i am not going anywhere. i am leading in every single poll. donald trump joins me life. we will talk about the race, the issues and this man. outrage the u.s. army recommends no jail time for beau beowe ber. what happens next? bergdahl, the race for president and the secrets to his success. honestly, it's my looks. >> hello and welcome to "justice. i am judge jeanine pirro.

thank you for being with us. donald trump is going to join us in moment but first my open. i am not surprised any more when president barack obama does things that are unamerican, unconstitutional or just plain divisive and dangerous like releasing five of the worst taliban in exchange for bow bergdahl. but i am furious when members of the united states military, the ones who swear allegiance to god and country, the ones who swear to protect all of us bow to the political pressures of the white house and kiss the ring of a treasonist, worthless deserter. look, we already know where barack obama stands on this. you remember the fan fair and that hastily arranged press conference when he repeatedly hugged bergdahl's mother in the rose garden and grinned ear to ear while bergdahl's father an

american thanked allah and spoke in the official language of the taliban? army officer lieutenant colonel mark fizger who presided over the article 32 hearing recommends no jail time or any punitive discharge for berg tall on charges of desertion and misbehavior before the enemy. a few facts. bergdahl tells platoon mates he wants to join the taliban and voluntarily leaves his unit burg combat. he takes protein bars a cell phone and his knife and beliele his weapons and walks off. several platoon mates agree he is a deserter. afghani tell reporters bergdahl came through their villages looking for the taliban. purge dall calls his unit and says he is not coming back.

how do we know this? we intercepted his phone calls. a platoon member said he heard it first hand. the search for bergdahl puts soldiers lives at risk and there are reports several died looking for him in that area of afghan. but, the military hearing, the intercept to the phone call of purge dall speaking wi -- bergd speaking to the taliban are not introduced into evidence. kenneth dall assigned to investigate berg tall testifies in his defense. evenbe bergdahl does not testif in his own defense. it is recommended by the military that he walk. folks, the fix is in. bowe bergdahl is a deserter who left in the time of war to join

the enemy in itself a death penalty crime. there are some that lost their lives looking for him. there is one person who gets the final say here. this matter will be reviewed and ultimately decided by general robert abrams commander of the u.s. army forces command. hopefully he will make the right decision and recognize this precedent is dangerous for our soldiers and our country. why would this happen? because the president of the united states cannot be seen as knowingly trading a deserter who could and should have faced death for five of the worth taliban in gitmo, two of whom have since tried to rejoin the taliban. if any of the officers mark if

is kerr, major general kenneth dahl or rob abrams gets promoted in the next 14 months before obama leaves there is the proof that the fix is in. that's my open. tell me what you think on my facebook page or twitter #judge nan ne janeane. joining me with this is major general bob scales. good evening, general. how are you? >> good to see you. >> good to see you, too. >> what do you think of this decision? >> let's be clear. i haven't seen the article 32 investigation. as you said in your opening, an article 32 differs from a grand jury indictment. just a recommend tation. colonel if is gar's recommend gages goes to a general court-martial authority abrams can do one of several things agree with the article 32 or elevate it to a general court-martial which implies

imprisonment. they are recommending a special court-martial with no imprisonment. a special court-martial is what you in the civilian arena would call a misdemeanor court. >> right. >> in other words this defense is some what similar and my experience with being convicted of shoplifting. i have been a general court-martial convening authority. i sat in the courts and i understand the relative minor nature of a special verses a general court-martial. >> the hearing officer in that article 32 which is kind of like a preliminary hearing or a grand jury says i recommend a misdemeanor. don't worry about any felonies here. the truth is in 99 percent of the cases as i understand it, the general who makes that ultimate decision follows a recommendation of that hearing judge in the article 32, is that not the case i have been

involved where the turned around the recommendation in both directions where they will recommend a general court, they will go to a special or article 15 or the opposite. it is all because we are an organization that is under the campaign chain of command. it is the commander that decide. that disturbs those of us who served and all of the veterans watching this on television is not so much the legal niceties of it all. it is the optics. you know, the thing that defines a soldier's service is his willingness to lay down his life for his buddies. we call this the band of brothers effect. there is so much about the on the ticks of this that violates this principle not of law so much as the ethots of the soldier. that's why this case is so important for the ethics and values of my -- >> general, listen to me. you can call it optics. you can call it visual, you can

call call it whatever you want but when a guy walks off his base in the middle of a war and looks for the enemy, that is desertion. >> it is not only desertion but the other charge is misbehavior before the enemy which is a more serious charge. in world war ii you would have been executed for this. today it's a misdemeanor. i am not too sure where all of this is going, judge. >> major general bob scale, so good to see you. republican frontrunner presidential candidate donald trump. good evening, donald. >> hello, janeane. just this week you said bergdahl should be executed. how you hear about this. what do you think? >> i think it's a disgrace. he was a deserter 100 percent. i know you agree with this. he was a deserter 100 percent. it's not like in the old days in the old days you deserted you were in big trouble. they want to find also excuses.

it is crazy what's going on with our country is absolutely insane. five good, great soldiers, wonderful young people and probably six were killed looking for him. we get him, you can have him. they get five of the great killers they have wanted for 10 years. this is a typical trade with obama. we get bergdahl they get five killers. no good. >> the reports are maybe 5 were killed looking for him. although that hasn't been confirmed. i want to talk to you now if you are hands down still the frontrunner 32 percent of republicans support you, you are on top. yet tyou get the new york times suggesting you looking for an exit trat dee. what do you sigh to them? >> i thought it was disgusting. i am reading every poll, every

state. in new hampshire i have an 18 point lead. if you read the story it's a headline lobing, oh, gee, what would it do to get you out. i said simply, hey, look, if the world was coming down the polls were terrible and everything was terrible and i thought i couldn't win, but right now i am in first place. maybe, maybe he would consider. it's frankly a disgrace that they are allowed to report it. who ever heard you are leading in every poll by a lot. they did a story i wonder some day if trump will leave? >> i am not going anywhere. we are going to make america great again. >> what's going on in the republican party in congress you would be okay with paul ryan as the speaker but you need someone

spa smart and tough and someone like you. who are the other people you think can straighten things out and why do you think they are in such a mess? >> i like paul. i didn't say i am okay with him. he would be somebody that a lot of people think is a compromised candidate. i don't know whif he wants to d it. i like him personally. i want to see someone tough and smart. >> like whom? >> i don't want to mention names. i spoke to one person who would really think about doing it. i don't think he had a chance of getting in. he's very tough. i think he could unify. you have to get somebody that can unify a little bit. that is like a den of lions in there. they have to focus on the democrats not on themselves. that's one of the problems. i would like to see someone tough and very, very smart. >> let's talk about ben carson. he has been saying controversial things, donald. he is getting a lot of attention. he's poling 2nd. row worried about him?

>> i think he's a really nice guy but i am absolutely not. i am leading by a lot. ben haeb very nice. he said one bad thing and he took it back. i was all set to go, janeane. everyone i have gone after is gone they are gone or went down to nothing. he did the very right thing. he did the right thing and took it back. he has been very nice to me and i have been very nice to him. >> let's talk about the dnc debate on tuesday. what should hillary be asked at this debate? >> well, i have a feeling she is not going to be asked a lot of the things she should be. i know your stance on the e-mails. you know exactly what is going on there. it looks to me like she is protected by the democrats. she is protected by the fact that all of these people that are looking at her are democrats and they don't want to do anything. petraeus's life was destroyed. other people their lives were destroyed by doing 5 percent of what she did with the servers and everything else that is going on in her life, i just

don't understand how this continues to go. in the meantime i have been saying they will probably leave her alone. it's a disgrace to the country but it is politics, and unfortunately that's the way it works. i think that she will probably make it only for that reason. what about bernie dand seanders. he's the ultimate socialist. what do you think about him? >> he is getting the second largest crowd. the state of georgia is incredible. >> 10,000 people. >> at 12:00 in the afternoon. we had 10,000 people we filled up a convention center. it was unbelievable. the crowds and he's getting good crowds also yet he's a socialist. you could go a step further than being a socialist to tell you the truth. there are those who would say he's beyond socialist.

>> what do you call him, donald beyond socialist? >> if i run against him i will be calling him things people won't believe. but right now i don't think he's going to make it. it is inconceivable if he would make it. if he does he does. i would love to run against him. i would love to run against hillary also. if you look head to head against hillary it's very good for me. it is all about making our country strong and rich and great again. we have to the word rich sounds a little bit crass somebody said. if we don't make it rich and don't take back our jobs and stop all of the things that are going wrong with trade and with our military, we don't have any victories any more. we have to make our country rich and we have to make our country country great again. >> two more questions, donald. on a personal level. "people" magazine did a pull spread on you and mal lan yaw. they have a pick titure of you

your kids and fiver your kids together. you have an incredible relationship with all of your kids. your kids, the five of them have an incredible relationship with each other. the oldest donald junior is 37 and the youngest is 9. to what do you attribute the incredible connection you have to all five of your kids and they have with each other? >> they do have -- you know my family. they have great admiration and respect for you. you were the da when we used to watch how brilliantly you did things. bergdahl and all of these other things wouldn't be happening if you were judge. i can tell. i can tell your listeners that right now, janeane. i will say i have wonderful children. you know, they have been taken care of by their parents by myself and their mothers. we are very proud of them. they are really hard-working. the three elder ones are in the business. they are hard-working and they

are creating a lot of jobs because they are doing a great job. >> you never give yourself a lot of credit for this stuff, for the success of your family. i have seen you do work with them. i have seen them as they have grown-up with you. you are an incredible father. one more personal question. your sister mary ann trump berry is on circuit court of appeals. if you become president are you going to make her one of the supremes? she would say no. she loves what she is doing. she is highly respected and considered one of the brilliant people in the federal court. she is considered brilliant by everybody. she was always a great student. she is a tremendous person. she is got great respect for you janeane. that i can tell you. >> are you going to appoint her to the supremes? >> in many ways i would love to. she is one who would say no way, no way. she is happy where she is. i can tell you that.

>> now she is sinking past fast the polls? why is she even still in the race? a big question from one of the biggest supporters right? i am going to ask him that next. two duncan doughnuts in hot water for discriminating against cops? is there a war on police? sheriff clark is here live. what question should hillary clinton be asked that tat the democratic debate? facebook or tweet me hashtag judge njeanine. bring us your aching and sleep deprived. bring us those who want to feel well rested. aleve pm. the only one to combine a safe sleep aid... plus the 12 hour pain relieving strength of aleve. be a morning person again

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another day, another hillary clinton scandal. this while a new poll shows clinton with a double digit >> new polls show a drop days after the democratic debate. >> that credit card is still burning a hole in my pocket. >> you will owe me dinner by the time it is over. >> the latest bait and switch is trance political partnership. she was for it and now she is against it.

is that smart? >> she was for it three years ago. now in atlanta they wrapped up the agreement has changed since she was secretary of state and speaking out about it. what she said now is it doesn't meet her standard for what would be good for protecting american jobs and wages. >> come on richard you are talking to me. i mean, you are talking about fine print we don't know was the reason. doesn't she put her finger up to the political wings and say i am having trouble with the unions american federation of firefighters and i have the afl cio. i have the teamsters and i am losing support. >> here's the problem with donald about the unions. they want to support donald because he gives them jobs

because he understands the economy because he's in the real world. don't get me started. >> this transparency she takes over six months to hand over her server and she lied about everything, she had a personal e-mail she was allowed which she wasn't. we know that. now the second company date toe had a backed up the server and an employee of the first company said there was some shady stuff going on. he is worried about it and her it person is pleading the 5th. this is dangerous territory is it not? >> hillary clinton is out there talking about ways to control costs for healthcare for education for child care. talking about voters rights. talking about clean energy. okay. what her political opponents are talking about is benghazi and e-mails. mark my words on this. i would bet you a year from now her opponent and the republican

party will be saying what were we thinking having all of this focus on something that frankly doesn't effect real people's lives? this e-mail stuff is the biggest red herring we have seen in a long time. >> the families of those who died in benghazi after she was missing five months of e-mail don't think it is not real stuf. jim kome and the fbi are hot on the trail and they wouldn't be taking the 5th if they weren't worried about something. that's a difference of finance. a year from now if they are not talking about this e-mail server or if she isn't indicted i am taking to you dinner. big week coming up first democratic debate. how is she going to come off? she is crying and raising her hand, she is so proud of everybody. she is happy human being as opposed to the robot. who is hillary clinton going to be on tuesday night? >> she is going into the debate with the wind in her back. the polls galloped last --

>> she lost 10 points. look at the gallup poll which is the gold standard. last week she had a fantastic rebound in september. all of the state polls south carolina up 30, florida up 25. every single poll, good in iowa not great in new hampshire. everything after that. she is looking peachy. excuse me. this is her strong suit. the reason she has repoundboupd she started doing appearances, meet the press, "saturday night live" and the ellen show. the public is seeing her going, that's right. that's why we like her. that's why we have a high regard for her because she is soable. people talk about the trust worthiness issue people trust her to stand up for the middle class. >> the american public doesn't trust her, richard. we will keep going. we have a long time. >> clinton got elected and was re-elected in 96 with the same

defic deficit. >> thank you for being with us tonight. >> and the race for the speaker ship continues as republicans scramble for a new house leader. kevin mccarthy joins me. go back is here and gop strategist david bella. good evening, david. >> thank you for having me here. >> it's a republican party in the st of an identity crisis. it is almost like it is being focused on this speaker issue in the house. who is the republican party? >> a year ago we were talking about the resurgence of the gmc and we are going to be okay, janeane. republicans must unite behind one candidate. >> who should that candidate be? >> we have to figure out who they are going to be. let me say this. today we have college football. tomorrow we have the envelope.

we have had a lot of republicans in the house who think they ought to be starters. >> i love jason chaffetz. >> he is a strong communicator. we are going to take it to the president. we have 15 bills. whether it be the keystone pipeline or defense spending bill of last week. let's send him to the president and make him veto. >> why aren't they doing it? by the way, who is daniel webster,>> former florida congressman and speaker of the house. the freedom caucus endorsed at least for now until they see what other candidates are outside. >> let's get somebody people know who are strong and a fighter. outsiders seem to be winning it happened in the speaker's race.

don't have to be elected in congress to be the speaker. >> maybe you could be the speaker. >> look, it's a tough job. >> why is it a tough job? >> you have a very diverse caucus. the next republican speaker will be successful when they can unite the caucus in a common vision and get everyone to vote for it and get behind it. the way we are successful is by a caucus who is unite. >> who is going to unite them? >> people are talking about it. let me say this. if we don't unite behind one republican if we go into a fight for speaker, we turn the agenda over to the president for the next twoer yaos. >> talk to the guys in the house about that. campaign 2016 ben carson stirring it up traditionally. you make controversial statements, you are doomed. now it is almost as they it's the rule of engagement.

>> outsider candidates are not now. but not since 1940 has one been able to sustain and actually become the nominee. republicans are more conservative than just an ideology. republican primary voters if you look since 1940 have voted for the individual who has been loyal to the party who has shown a track record of success. that's how we dictate between rhetoric and getting results. that is going to be the key for whether it is donald trump, whether it is ben carson, whether it is carly fee reeb gnaw? how do they show the results for the ideas they are promoting. >> thank you for being with us tonight. >> next police officers, i will talk about it this with man sheriff david clark. plus is hillary clinton

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shut your mouth and say goodnight mouthbreathers. breathe right >> live from america's news headquarters i am kelly wright. accused army deserter sergeant bowe bergdahl should place life a prison. a former friend said he caused several deaths before he left his post. he may face a lower level court-martial. he is charged with desertion and misbehavior before the enemy in afghanistan. he was released and returned for the release of fooi taliban members last year from guantanamo bay, cuba. they will move the iran nuclear agreement one step closer to reality. givi giving their okay to outline the bill to enact their agreement. a final bill is expected later this week after further discussion. i am kelly wright.

we take you back now to justice with judge jeanine. >> welcome back to justice. the war on police continues. a duncan doughnuts ploy see said quote we don't serve cops here. another in rhode island is apologizing after an employee wrote black lives matter on a police officer's coffee cub. that's the latest in the string of anti cop incidents and attacks across the u.s. with me is my friend sheriff clark. should please duncan doughnut employees be fired? >> without a doubt. this is symbolic of the lack of respect of authority long before this police started. i am tired of these

corporations, these companies thinking a simple apology also do. apologies are for funerals not for business. they want to send a brand to the rest of the employees about how important it is to treat customers with respect. when cops come in there they are a customer. they ought to fire these individuals. i will leave it up to them. >> if they said we don't like muslims here they would not only fire the guy she would shut it down. it is a benefit to them to make sure they are friendly with cops. think about it. there are some organizations you say this much and you are gone. >> it happened to the pizza maker in indiana and the bakery in oregon i think it was where d destroyed their business. they didn't do anything close to what's happening here. seems to be a different standard. i think the police are fighting

back. we can go anywhere and get coffee. most businesses welcome the uniformed officer coming in because it is a deterrent to hold up men. hold ep men case of business they go in and it is quad stopping periodically they are going to go somewhere else. it prevents unruly customers. the cops stop in for food or whatever they have a tendency to behave in a more acceptable fashion. the businesses are on our side. this is a black eye for duncan doughnuts. as i said the other day, krispy kreme makes a better doughnut. >> i will eat any doughnut. anyway, look, were you surprise the backlash against president obama when he admitted that he wanted to politicize the shootings in rose burg, oregon. what do you think of the families and people who were protesting saying we don't want you here? >> i thought it was great. you know, he never mentions an

opportunity to politicize something. any time there's a tragedy that happens first thing he does is go into his political bag of tricks to see what he can accomplish on the agenda. he exploits these people. they saw right through it. there's a certain amount of respect for the president of the united states but when he takes advantage and then uses them to achieve a political agenda i am grad to see they slap back. this is a do as i say not as i do president. he speaks as if he is protected by a bubble. he should start with his security staff if he wants to disarm people. >> the president says he now wants to expand background checks of gun purchasers and he would use an executive order to do it. it is about the mental health of the shooter. that's the kind of information you can't get.

what kind of background check not all agencies provide wrap sheets to the federal agencies. they potentially that day could have stopped that firearm. nothing is absolute in the world. it's not a perfect world. i am not going to come down too hard on the fbi about that. this is about gun confiscation snot even about gun control it's about begun confiscation. breaking the back of the strong gun lob fwee in the united states. the national rifle association and gun owners of america who protect that 24/suspect 7.

they have to put in a tighter gun restriction which only hurt law abiding people. what we need in this country is well armed well law abiding people. >> thank you for being with us tonight. >> always my pleasure. >> with me executive produce he of the law center rob thomas. do you think it will get guns out of the wrong hands? thanks for having me on. the president of course had limited things he can do through executive action. he can take marginal steps to make our system stronger and safer. he cannot do that much without cooperation from congress and another legislature.

he wants to have expanded background checks. >> background checks only take place when you buy a gun from a licensed firearms dealer. no background check is required under federal law. he said he wants to take a look at doing a better job of identifying who should be defined as being in the business of selling firearms. if you are in the business we should be doing background checks when you sell a gun. right now that's not the case. he is just talking about using executive action to look better at that question and figure out if there's a way to fill in that gap where background checks are not happening. >> wouldn't you agree that the real issue is the mental health of the shooter? i mean we have seen it with homes and we have seen it with lands and we have seen it. they are all nut jobs. no background check is going to tell you who is someone who has a mental illness who has been in

a mental health facility. that's all stuff protected by hipaa. if the president were really serious wouldn't he want to sloo loosen up some of the rules so he can find out who the nut jobs are? >> judge, you know the way it works is we have limited categories of people with dangerous mental illness that are prohibited from buying guns already. those records are protected by hipaa but the way it has been designed -- you can check the system. >> robin, i don't mean to interrupt you but we don't know who they are because we can't get their records. >> if the states put those records into the system, the information is still protected by hipaa but they can from aila out insiding the privacy laws. there's a way to do this that helps identify people who are dangerous but protects your record. that's already the case. we can do a better job with it

it can be a stronger system. there isn't privacy protection that inhibits us of creating a better system. >> are you saying if someone is in a mental health institution and gets released that is information the local police department can guess when they come to do a background check? no. >> if you are voluntarily committed into a mental institution that record should be going into the national instant background check system. when a firearms dealer runs a background check on you that should flag you as being denied. you will be flagged. >> we are going to have you back. thank you for being with us. >> thank you for having me on. >> hillary's like ability rating. see what i found. science suggests when you have insomnia,

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author ed klein is out with a book about hillary clinton called >> is hillary clinton unlikable? i took that to the streets. >> you know this woman? >> looks like hillary krin ton. -- clinton. >> ywho is that? >> i recognize the lady. >> do you recognize her? >> no, i don't. >> hey, ladies, do you know who this person is? >> hillary. >> you know this woman? >> yes. >> you don't know who that person is? >> what's her name? >> hillary clinton. >> called unlikable. do you think she is likeable or unlikab unlikable? >> i feel unlikable. >> likeable or unlikable? >> i like her. >> is she likeable or

unleakable? >> i can understand why some people think that way and some are the other way. >> she is one of the first females to run for president. >> what is likeable of her? >> you are going to air this soon. i will pass. >> that means you don't know anything that is likeable. >> you think she should be president. >> personal opinion? >> i am not keen on a woman being president anyway. >> i will have a heart attack. >> if she is elected president. >> yeah. >> you want her to be president? why not, sure? >> i am not really a cameraman. >> why you have a warrant out somewhere? >> she -- we need a woman? >> what he is she done that benefited you? >> nothing. >> i think she is a good senator

for the state of the new york? >> what did she do? >> i think there were a number of bills i don't remember them offhand. >> can you name an accomplishment she is done as united states senator for new york. >> how about secretary of state? >> no. >> okay. thank you very much. >> and i know about benghazi. >> are you kafrtable with her. >> if you were on a roof cop in benghazi would you be comfortable with her? >> maybe with some marines. i don't know about her. >> she wouldn't let them have the marines. >> you do think a woman can run the country? >> not right now. >> you think we are in a good place now? we have a guy running it. >> you love obama. he can't run again. >> he can't? >> she is likeable. >> what has she done for you? >> nothing. >> thank you. flush frus flush >> we will be right back with our instant poll results. stay with us. ck.

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because we should fit into your life. not the other way around. >> now for the results of the poll. what question should hillary clinton be asked at the democratic debate? jim says, of all of the lies you have told over the years, which one is your favorite and why. shay lean says, my question is,

who is going to be on your prison visitor's list? and tony asked, what difference does it make? greg asked, where did you hide the e-mails? sara asks, what makes you think you can be the next commander-in-chief when you can't keep track of your e-mails your ambassadors or your husband. >> gina asked why does she refuse to declare boko haram the terrorist group if she advocates for women. al has one last question. when was the last time you told the truth in kwou like a 4 by 8 or 5 by 6 cell. >> if you can't be wise enough to use a sec tour server why should people think you are wise, smart, strong ar savvy enough to be our president? >> why did you completely egg another our ambassador tore

steven's pleas for more security in benghazi? why should we trust you with the security of our nation? thanks for the great responses. i always love reading what you guys think. make sure you log on and send me your thoughts on tonight's show and check out my thoughts on the news through out the week. don't ever have to miss justice, set your dcv and tell your friends to do the same. friend me on facebook, follow me on twitter at judge jeanine. see you in ex week same time same place. tools to take contro. so they're more engaged, with fewer high health risks and lower medical costs. take control of your health at cigna dot com slash take control.

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