thank you. >> and i believe it, too. that does it for "the cycle." "now with alex wagner" starts now. a yellow ribbon moment grows increasingly tattered. it is june 3, tuesday and this is "now". we don't leave our men or women in uniform behind. >> serious questions are being raised about the capture and release of army sergeant bowe bergdahl. >> why did the white house do it? >> the u.s. law. >> representative shift. >> you do not negotiate with terrorists. >> would you have brought him home? >> not under these circumstances. >> a major shift. >> yesterday the talking point was sergeant bergdahl served with honor and distinction. that is gone. >> nbc has learned the army is gearing up for inquiry. >> if he did do wrong action

should be taken. >> the idea that you shouldn't have gotten him out because he might have been a bad guy -- >> this principle of leave no man or no woman behind is one i stand by. >> regardless of the circumstances we still get an american soldier back if he is held in captivity. period. >> days after the decision to swap five former taliban commanders for america's only prisoner of war the questions and controversy are growing. today nbc news has learned the army is prepared to launch a full inquiry into the conduct and circumstances surrounding the capture of sergeant bowe bergdahl to determine if possible criminal charges may be warranted. an earlier inquiry determined he walked away from base without weapons or body armor. on his facebook page martin dempsey wrote our army leaders will not look away from

misconduct if it occurred. the multi facetted controversy has chased president obama overseas. the president had to answer questions relating to bergdahl's conduct. >> regardless of the circumstances, whatever those circumstances may turn out to be, we still get an american soldier back if he is held in captivi captivity. period. we don't condition that. >> the white house is increasingly under fire from republicans who say the president broke the law by not notifying congress 30 days before the transfer. critics say the release of detainees arriving in qatar will be met with american blood shed. >> what is the price we may pay or likely pay in the future in american blood in return for releasing these five hardest of

hard core jihaddists? >> the president said he is confident in qatar's ability to monitor prisoners and also claiming the historical high ground. >> this is what happens at the end of wars. that was true for george washington and abraham lincoln and fdr. that has been true of every combat situation that at some point you make sure you try to get your folks back. and that's the right thing to do. >> joining me now from poland is nbc news political director chuck todd. i know we are on a short delay so i will get started. this white house seems to have found itself in a much thornier situation than i think it seems like they anticipated. i wonder if you have any news on the latest breaking information that we have that senate feinstein received a car from tony blinken apologizing for not

having given her and congress more warning in advance of the release of these five detainees? >> i have seen reports on capitol hill today doing sort of some post operation, post announcement political damage control, if you want to call it with all of these members of congress including folks that they need to be defending them in particular. we don't yet have the confirmation of whether it was a blinken phone call. the bottom line is we know the white house is playing a little post mortem here trying to stop the political bleeding that is taking place on the hill because there is a full fledged -- some folks are angry with the administration. some are perflexed. nobody seems to be excited. the white house anticipated back lash over the five taliban members that they picked. they anticipated back lash of taking people from gitmo that

were deemed to be so dangerous but then you had to be at gitmo for over ten years that choosing to release them in some form or another would have gotten criticism. they did not expect blowback on bergdahl himself. >> in fact, it seems like the calculus was it would be hard for conservatives and republicans and the gop to criticize the release of an american p.o.w. that calculus seems to have shifted given the narrative around bergdahl's desertion of his army post. the white house must have known. this was something in the press years ago. this is part of the story. did you get the sense that the release would have neutralized us? >> they just thought that there would be a little rallying around the soldier. they assumed that there would be some soldiers that served with him that would stand up for him. they have been surprised that there is really nobody that is standing up for him in a notable

way that served with him. that is something that has them scratching their heads a little bit. they are trying to pushback now. i have received some e-mails. they are circulating an oped over memorial day weekend saying keep sergeant bergdahl in your thoughts and prayers. i reiterate that i hope the defense department is doing everything they can to get them back. so they are trying to push back a little bit on the political incoming that they are getting. you look at the deal itself. you had jimmy carter's national security adviser raising doubts about whether calling this a one-sided deal. this criticism isn't just coming from republicans. there are a lot of folks in the national security community on the left and the right scratching their heads on the deal a little bit but also on sort of how the white house has

handled the communication of this deal. >> nbc's chuck todd thank you. you can catch chuck every week day morning on "the run down". joining me now is michael lichter and also e.j.deon. how do you grade the administration's handling of the effort? >> c, i think at best. i think that they might have better anticipated that there would be some reaction given all the stories out there about sergeant bergdahl's past. and i don't quite understand yet why they didn't give anybody in congress a heads up. on the other hand i think i might then turn around and give them some compensatory points. i got to say i was very surprised that there wasn't simply a response vis-a-vis that

kelly piece that you mentioned that one of our guys has been in captivity for five years no matter what turns out to be the case. five years in captivity for an american is a long time. shouldn't we celebrate the fact that he has been released. i think that is the biggest surprise to everybody despite reports on what he may or may not have done. >> there was some favor dispensed it was short-lived. from a counter terrorism perspective we have talked a lot about bowe bergdahl. we have not talked a lot about the released taliban officials in qatar. john boehner has cast doubt on whether they are truly going to be monitored. there is some senator mccain talking about whether or not they will truly be able to travel freely and how much of a threat they pose to our american society and how much of a counter terrorism or terrorism threat they pose from your vantage point how worried should

the global community be? >> i think the global community in the u.s. should be worried. there are people in guantanamo who were basic foot soldiers. these were key taliban leaders who played a huge role in their defense ministry and worked with al qaeda on intelligence issues. these are senior folks who could play a big role. i will give the qatarys a benefit of the doubt for the next year. i think they are likely to control them for a great degree. it is only a one-year agreement. maybe the reasoning is most of our troops will be out one year from now. i will be really, really surprised if one year plus these five are not deeply involved with the taliban in afghanistan and frankly will make it more difficult for the government we currently support in afghanistan to have control over the region. >> and, of course, yes, to that point and the washington post editorial board makes this point. they said the president has made

clear to the afghans that he is effectively giving up on them by allowing these officials to come back to that part of the world and operate in some capacity. >> that's right. and, again, it is not about these guys becoming suicide bombers. that is the resitivism problem we have had with most people released. these guys are likely to be or certainly looked up to by the rest of the taliban leadership. the reaction was pretty telling. these are meaningful leaders. i think we are fundamentally giving this to the government of afghanistan saying we are sorry. we are leaving. you are going to have to face lots of problems and one thing is what these five mean to the taliban. >> there is a lot to unpack to this story. another angle is the signing statements and executive privilege and the fact that the president in 2007 said i will not use signing statements to

nullify or undermine congressional instructions. president obama in all fairness has signed far fewer than george bush who signed amendments to laws. president obama has signed only 30. at the same time it brings us to the conversation about the difference between candidate obama and president obama and the old notion that you are where you stand where you sit that experience is everything and vantage point is everything. how much of an issue do you think this is for his legacyies president? >> it is so easy to play footage of very strong statements by then senator obama on what he saw as president bush's abuse of signing statements. they have been out there. and so that is a problem. i think that the issue here is when you are president and you see an opportunity to get a p.o.w. released, the only p.o.w. left from these wars you are inclined to grab that

opportunity. and as we said earlier i think to make the assumption that people will be so glad to get the p.o.w. out that congress will understand. but still again as we have already talked about there is always controversy over releasing people from guantanamo. i think two things here. one is i think tony blinken did say something very important which is let's give sergeant bergdahl a chance to tell his side of the story and in particular did he have all of his faculties about him? the second thing is you wonder if this negotiation or whatever the administration wants to call it was part of an effort to open broader discussions with the taliban, to see if there can be some longer term settlement of the conflict. that we will find out soon enough. >> let me ask you on that note to e.j.'s point. i think a lot of folks keep trying to read a bigger project

to be at the root of this, not just about winding down a war and getting a p.o.w. out of a country. this is somehow a bell weather, a precursor to broader action with the taliban or broader movement to close guantanamo bay. do you see it as such at this point? >> i see it as a broader effort on the president's part to close guantanamo. a very forceful statement we are going to get these people out of here. i don't see it as a broader statement on trying to open up deeper negotiations with the taliban. that demand is what largely, not entirely but largely scuttled previous discussions to get bergdahl back in 2011, 2012. i think it is just the opposite. it is trying to get this individual back, giving that up and not looking for anything deeper because we are withdrawing from afghanistan in a significant way. i have great sympathy for the

president as commander in chief doing all he can to get him back. i think there is plenty of time to investigate that. but on the front of what was exchanged we can't kid ourselves. i think the president recognized this. these five individuals will pose a threat to afghan stability in the future. >> one thinks about the republican critics who have been fierce and uncensored, if the president had left bowe bergdahl in afghanistan one can imagine the same sort of counter argument coming from the right. in other words, he was in some ways caught between a rock and a hard place. get bergdahl out and this guy was a traitor to the country leave him there and you have left a patriot in enemy hands. t. >> i think the assumption behind your question which is these days the republicans will criticize president obama for whatever he does is entirely true. and that is why i think some of us were taken aback at the

ferosity. what you are seeing of consultation of congress and if he followed the law that is where both parties are asking was there some way they could have kept us in the loop at least to some degree about what they were up to. i think that is why the president's chief of staff is on the hill trying to work it out. diane feinstein being critical. dianne feinstein doesn't usually jump to criticize president obama. >> this is an issue where the white house would enjoy the support of senator dianne feinstein. thank you for your time and thoughts. after the break, there are eight states holding primary votes today and almost all of them feature a show down between the tea party and the so-called republican establishment. the latest battle for the soul

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it's primary day, also known as republican mutiny day. voters are heading to the polls in eight states. and members of the gop will be duking it out amongest themselves for control of their party. in mississippi thad cochran is facing a challenge from chris mcdaniel. mcdaniel claims a culture that values rap is to blame for gun violence. mcdaniel's views for americans

learning spanish are these. you'll have to learn just enough to ask where the bathroom is. >> last month four tea party activists attempted to illegally photograph senator cochran's wife in a nursing home. if cochran is upset by his tea party challenger it could give democrats a chance at a mississippi senate seat for the first time since 1982. in california minuteman volunteer tim donelly faces off against neel kashakari. donelly compared to the iraq war telling the crowd there is a growing insurgency here in los angeles and we need to begin to root out the insurgency in cities like l.a., chicago and new york just like in baghdad. of his opponent donelly claims

he supported the united states submitting to the islamic banking code. and over in the hawkeye state there is iowa republican candidate and likely nominee earnest. >> once she sets eyes on obamacare joany is going to unload. >> made her name for herself through her die hard conviction that there were weapons of mass destruction in iraq she has an 18 point lead heading into tonight's primary. joining me now to discuss all of this is former democratic governor of montana and from washington editorial director howard fineman. what is going on in the republican party? they ran christine o'donnell and yet joni ernst has broad republican backing. have lessons not been learned?

>> the republican party is sort of like the family that lives in the neighborhood. they come concerned about the safety of their family. so they decide to get a guard dog. they pick out a puppy and they scratch the puppy. and the puppy is wagging his tail. then he grows up and starts biting the children. that is what the tea party party is republican party. >> it is a dog off the leash in many ways. this was supposed to be the year when some sense descended on the republican party. and you have seen moves from certain folks in the establishment like carl rove to put a leash on the dog to use the governor's analogy. yet it doesn't seem to be making much of a difference in the primaries. >> it has made a difference because republican incumbents haven't moved quickly to the right to escape the jaws of that hungry dog that you were just describing have survived generally speaking. today one way to look at today

is it is sort of the last gasp of the tea party in the primaries. i'm sure the governor is rooting for a mcdaniel/donelly ticket to win. those are the two tea party people because they will make life easier for democrats if they do. mississippi is really the place sort of the last grand stand, if you will, of the tea party in terms of upsetting an incumbent. mitch mcconnell survived in kentucky. it is not clear that cochran will. i think it will be very close down there. >> i think howard makes a great point which is in some ways the tea party has cannibalized the gop and establishment candidates like tom till s are tea partiers cloaking themselves as establishment republicans. to howard's point about mississippi, do you think travitravis stands a chance. >> it is an icicle's chance in

hell. it is mississippi. obama got 44%. this guy travis is not going to get the liberals to show up. he voted against the affordable care act. he is against gun control. he is against gay marriage. so the liberals don't have somebody on the ballot to show up for. so there is going to be a suppressed turn up. if we could turn all the democrats out in mississippi and some republicans are outraged -- >> in terms of iowa senate joni ernst, almost as if the senate conservatives of course they are going to be their candidate. this is someone who can legislate. it seems to be the amnesia that

if you elect someone like joni ernst from the upper chamber she will legislate from the upper chamber. >> the chamber is counting on the ability to domeomesdomestic >> this metaphor is so rich. >> the real story is the rapid shift to the right of the republican party faced with the challenge of the tea party. these incumbents and so-called establishment people are surviving or thriving by being tea party people with a little bit of establishment clothing. and that is exactly what is happening. that is exactly what is happening in iowa. the question will be whether joni ernst gets 35% of the vote which she needs to do to avoid going to convention in iowa. iowa conventions are utterly nuts. it looks like she is going to make it.

if she is the prototype of the new kind of sort of consensus republican, the sort of hog castrating census republican, gun toting, whatever, how do they sell that nationally in a presidential -- >> is hog castration the new litmus test? >> it certainly could be at least in iowa. chuck grassley wasn't known for that behavior. he was a plain old farmer. >> to that point of having conservative hog castrating marco rubio has endorsed joni ernst because he has issues. this is someone trying to get close to the big conservative magnet in the hopes that some of the magnetism will rub off on him. >> marco rubio wanted to go to iowa and have his mug somewhere. these endorsements don't matter

a bit in a primary like this. folks will choose. if they choose her she has to beat bruce. think about that ice cube in hell. it is not going to be this gal who castrates pigs. >> do you ever roux not running for that seat? >> never. do you notice whether they do something in the united states senate? i like getting stuff done. >> there you have it. thank you very much for yo urtime. coming up while new jersey faces dire financial straits friends of the embattled governor seem to be doing just fine. did you know, your eyes can lose vital nutrients as you age?

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it faces a budget deficit of nearly $3 billion and has one of the highest unemployment rates in the country and plagued by a deteriorating credit rating. when it comes to tax breaks for people close to governor christie and his campaign it is boomtown. the guardian reporting that christie's administration granted $106 million to a property venture in patterson, new jersey, happens to be developed by a real estate company run by john hanson who has led fundraising operations for christie's campaign and chairs a policy commission for the governor and maxed out donations to campaigns last year and in 2009. the development project that reportedly got over $100 million from the state of new jersey it is unclear whether this is a quid pro quo but patterson's mayor says he is concerned that hanson's real estate firm may have received a quote special sweetheart deal and called for

the legislature to investigate this latest allegation. we reached out to christie's office and in response they said e.d.a. grant and incentive program funding is awarded based on a strict objective review process dictated by statutory requirements written and passed by the democrat controlled legislative. the governor's office has no role in that process whatsoever. if the new jersey legislature does indeed look into hanson gate it will be added to the already embarrassingly long list of investigations into governor christie and his administration. earlier today port authority commissioner became the latest official to testify before the state's bridge gate committee. in his testimony he said he had no advanced knowledge of the bridge gate closures. just ahead the white house takes emergency action on an urgent

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♪ yesterday president obama issued a presidential memo on an urgent humanitarian situation. he wasn't talking about syria or south sudan but something happening on america's southern border. the number of unaccompanied children, immigrants under the age of 18 entering the u.s. illegally has increased ten fold. in 2011, 4,000 unaccompanied children were caught. this year it will be about 60,000. most of the children who travel thousands of miles alone under life threatening conditions most come from honduras, guatemala

and elsalvador. the children are doing so to escape growing violence in their countries. officials say more of the children detained after coming across the border are young girls and are increasingly under the age of 13. the white house has asked congress for $1.4 billion to deal with the tens of thousands of immigrant children. at present they have shockingly few resources. on tuesday the chairman of the migrant committee of catholics bishops said these children are refugees who deserve the protection of our nation. they should not be viewed as law breakers. joining me now from san antonio is the executive director for the refugee and immigrant center for education and legal services, jonathan ryan and washington bureau chief for buzz feed, john stanton. jonathan, tell us what has led to the dramatic increase of

children coming alone across our borders? >> i think quite simply the reason is that things have gotten worse in central america. children, people in general but above all children don't usually voluntarily seek to leave their homes. these are children being pushed out in large numbers because they have been victims of abuse in their homes, in the towns and cities where they live at the hands of drug car tells and criminals. for them it is a situation of leave or die quite frankly. >> the numbers that we are talking about here are staggering. in the past eight months 47,000 children have been apprehended at the southwest border. jonathan, what does that look like? we talk about humanitarian crisis and often as if they are over there. this is happening here in the united states. >> it is happening here and has been happening for quite a long time. our agency has been involved in this work officially since 2008

but many have been doing this for over a decade. and it is a situation that has increasingly become worse in the home countries and is leading to larger and larger numbers of children fleeing from their homes and seeking protection here in the united states. >> john stanton you have done a lot of work and great reporting from the border. it is a dismal situation there. i wonder what you make of the president's latest request to house and feed and generally deal with the tens of thousands of children who are now inside our borders? is there any likelihood the republicans in congress will cooperate? >> i think there is. i think right now they are trying to take a pound of flesh. put out a statement saying president obama is personally responsible for the situation and blaming what he calls laxed enforcement for this sort of flood of children at the border. i'm not sure -- it seems a little too late.

this is as jonathan said an issue that has been coming up more and more the last few years. i think folks on the border certainly saw it coming. folks at the border saw it coming. i was talking to lawyers representing children. in some cases they are being held in a large detention room where they didn't have beds, only had one toilet for days on end before they are being sent to places where they had a bed to sleep in. it has been a crisis for quite a while. it is good they are starting to try to address it. it seems a little late. >> mother jones has some terrifying and desperate statistics that i want to share. in 2011 there were 53 facilities holding 6,560 children. in 2013 there were 80 facilities to house nearly 25,000 children. how are they being cared for? what practically does that situation look like? john stanton said there aren't enough beds. who is taking care of the children? >> to be clear we are talking about two different issues.

one is at the border the children are being held in detention centers where they are really created for adults. and so those detention centers in which the conditions are quite difficult for the children, very low temperatures in terms of the regularity of receiving meals and getting access to receiving telephones. it is limited. dhs has 72 hours to get the children out of their custody and into health and human services custody where the children are placed in shelters where they have access to a wider array of services such as medical, education, they have counseling. and the shelters, for example, where we work have access to lawyers who can provide the children with a know your rights presentation where we explain what their rights are in the process and where we provide legal screenings to hopefully identify children who have been trafficked into the united states or who have been persecuted or tortured in their home countries. >> john stanton, by a treaty

that the u.s. has with mexico unaccompanied minors are returned to mexico. we don't have an agreement with many central american countries especially the ones seeing the exodus of children. is it your sense from the reporting you have done on the issue of immigration that there is mow re intention on the partf the white house to deal with the problem at the root? >> i think there is the effort to send them back when they can. there is not certainly any effort to expedite that. i would be surprised if we saw any sort of new treaty or other sorts of bilateral agreements in the near future. with the mexican children it is a little easier but you don't have as many mexican children from places like el salvador and honduras where they will try to come back. when you are on the border you meet people who have done this trek multiple times. you meet children faced with the

same situation they were in if sent back immediately. >> bloomberg view has an editorial out today talking about the indictment that this represents of our broken immigration system. sometimes multiple times under terrifying life threatening conditions to make it here to be turned back to come back over again. something clearly needs to be done here. >> and i want to address i think a lot of people because we are engaged in immigration debate it is easy to fit this into that framework. what we are really dealing with here is a humanitarian crisis and refugee crisis. we speak with thousands a year. they are not aware that they are involved in a mass movement. they have individual stories that push them out of their home countries. they would rather be at home. they don't want to be here. >> i think it is right to use the phrase humanitarian catastrophe to describe this. thank you for your time.

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love served daily. the shingles virus is already inside you. you should know that 1 in 3 people will get shingles in their lifetime. in the last hour representatives for the united auto workers voted to raise dues for the first time in 28 years. members will pay in order to pay for short falls in operating expenses. dues revenue has fallen nearly 40% in the past eight years, the result of a sharp decline in union membership and something that has broad implications for the middle class. let us go now to sue herrera for the c inbc market wrap.

>> the dow jones and s&p snapped the winning streak a little bit and dow finished down 21 points. the s&p down under a full point and the nasdaq composite lost three points. that is it from cnbc, we are back after a break. when it comes to good nutrition...i'm no expert. that would be my daughter -- hi dad. she's a dietitian.

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. the fallout surrounding the transfer of five taliban leaders in exchange for release of army sergeant bowe bergdahl continues to grow. moments ago dianne feinstein expressed her frustration at the fact that the white house did not consult congress on the transfer and suggested that the administration did not act legally. >> i strongly believe that we should have been consulted, that the law should have been

followed. and i very much regret that that was not the case. >> immediately following feinstein's remarks house services chair asked defense secretary chuck hagel to testify before congress next wednesday at a hearing called to investigate the transfer of the five taliban detainees from guantanamo bay prison. after the break film making alexaner pelosi shows us what the cessation may look like in the 51st state. [ male announcer ] whether it takes 200,000 parts, ♪ 800,000 hours of supercomputing time, 3 million lines of code, 40,000 sets of eyes, or a million sleepless nights. whether it's building the world's most advanced satellite, the space station, or the next leap in unmanned systems.

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the state of jefferson. they would then join a push led by four other northern counties who want out of the golden state. one of the counties is voting on whether to change the name of their county to the republic of jefferson. film maker alexander pelosi went north to see what they have against california. >> reporter: i am here at the northern border of california where they are voting on whether or not to secede and form the 51st state. >> why do you want to secede from california? >> the reason we need to do this is because our survival depends upon it. most of the legislateers in sacramento have never been to the northern rural counties. what we would like from sacramento is representation so

we can help determine the direction our own lives take. >> men and women will die here today. >> so you are starting your own civil war now. >> this is the civilest of wars. this is about taxation without representation where we know our votes don't count. the urban agenda, urban legislators absolutely overwhelm us. the time has come for 51. we have to do this now. >> we are just having some fun fighting. we have nothing against san francisco or los angeles. there are laws that you passed by those representatives who don't have the view point of what we have up here. if the government is not willing to come up here and visit with us we can't expect them to understand this. sometimes i feel like i'm treated like a foreigner in my own state. treat it like it's another world

or another country. like we have to have an embassy up here to have representation from sacramento to come up here and pay attention to us. >> it is totally different cultures. we are rural people being told what to do by a bunch of multimillionaire people that are all fine with smoking pot but if you want to own a firearm well i guess that's no that's not good. it is okay to get stoned but not okay to defend yourself if somebody breaks into your house. >> if you get your 51st state how will you sustain yourself? you don't have business here. hollywood has movies. san francisco has tech. you don't have anything here. >> this area has ranching, farming, lumber, mining, fishing along the coast. there are lots of things that can be done around here. i think the only way to do it is

let us have our own state so we can live the way we want to. >> even if all of the counties vote to secede breaking off from california is a pretty long legislative process. the creation of a new state would require approval from the california state legislature and the u.s. congress which means it is unlikely to happen anytime soon. that is all for now. i will see crow bayou back here tomorrow at 4:00 p.m. eastern. "the ed show" is coming up next. good evening americans and welcome to "the ed show". live i'm ready to go. let's get to work. >> obama's acting like the war

is over but, of course, it is over without us having won it. >> this year we will bring america's longest war to a responsible end. >> we must stop the terror. >> this is what happens at the end of the wars that you try to make sure you get your folks back. >> i think they have, in fact, negotiated with terrorists. >> we didn't negotiate with terrorists. >> this so-called trade i don't think they got a very good deal. >> we still get an american soldier back if he is held in captivity. period. we don't condition that. >> i call upon all nations to do everything they can to stop these terrorist killers. thank you. >> i don't know the whole story. i'm just following the news reports at this point. >> good to have you with us tonight. thanks for watching. always remember it is good to know the whole story before you start