breaking this hour the army is about to announce it is charging sergeant bowe bergdahl will desertion. he came back home in the controversial prison exchange one year ago. captured by the taliban after disappearing from his unit in afghanistan back in 2009. we are expecting a live announcement from the army officials and the half our and you'll see it live here when it happens. and also right now looking for answers in the alps. >> we need to understand what happened. we owe this to the families. we it to the countries involved in this tragedy. >> i'm josh barrow alongside toure, krystal and abby. and as we come in the air, they are trying to pull anything they can off of the black boxes off of flight 9525. the cockpit recorder is badly

damaged but they are confident they can recover a portion of the pilots' conversation. >> we just succeeded in getting an audio file which contained usable tones and voices. we have not yet fully understood and worked on it. it will take weeks and even months. >> night foul grounded the search teams before they could find the second black box the flight data recorder. the french is leading the investigation and say there is no indication of terrorism or foul play. instead they are focusing on two big questions why no distress signal and what caused the rapid descent. today francois roland and angela merkel merkel pledged support. the victims are from 13 countries. two were a mother and daughter from virginia. the third victim has yet to be

identified. victims' families are arriving near the crash site. and because they are small villages many are hosting families in their own homes. and claudio lavanga is in the rugged ravine in the alps. what is the priority for the search crews. >> reporter: the first is recovering the bodies and this is a remote area in the mountains and we heard five emergency workers, the night after the crash there is five emergency workers that camped out there in the freezing cold and they set up fires so the wolves wouldn't come to the site and possibly feed on the corpses. there was some gruesome details there. and so this is being monitored. and the bodies will be take and way as soon as possible of course. and as you said the situation is a really difficult location

to reach. and we've seen today helicopters flying back and forth and lowering rescuers today and now the operation is called off because it has gone dark and will resume again tomorrow morning. and this is a mystery baffling everybody and including lufthansa and the ceo of the company who minutes ago given in a press conference minutes ago said they have no idea what happened. >> thank you very much. and now to germany, who is mourning 72 people. including students and teachers returning from an exchange trip. katy tur is near the school. how is the community coping. >> reporter: the town is coping as best it can but it is taking it quite hard. the small town of haltern, a suburb to the north of dusseldorf and the high school alone they lost 18 people. 16 students and two teachers. most of the students were girls. they are 15 and 16-year-olds in

the 10th grade. they had gone to barcelona for a school spanish exchange program and there just for a week and for many it was really supposed to be the highlight of their year. the school does this every few years and sometimes the spanish kids come from germany and other times they go to spain and it is supposed to be the highlight of their year and it ended in tragedy. i spoke with one student who said the school feels empty without the kids. there is about a thousand kids in the entire school so the loss of 16 of them is certainly felt deeply. even if they didn't know the kids personally, the oeshl students would see -- the other students would see them in the hall and so everyone in the school is feeling this and germany itself feeling this loss very hard as most of the victims were from this country. back to you. >> nbc katy tur in germany for us. to help understand more of what the french investigators are up against let's bring in

michael gold far, chief of staff from the faa. and what is your opinion? >> just to back up, this is a horrific crash. and we say it is the safest way to go, flying but given the past year it is understandable that people would be concerned and scared about just how safe it is. so we have to make sure that each of these awful accidents aren't tied together. but the french aeb, so this is a person who is in charge of what would be our ntsb he said in his press conference, we have no beginning of an idea of what caused this crash. the french are -- and malaysia will find the cause of this and it will come down to the two black boxes because given the condition of the aircraft that hit the ground, we have very little else to go on. so they will solve it once they have both boxes and they begin to analyze and look at them together. >> speak a little bit more to meátt. because now it is a waiting game to hear what comes out of those black boxes and officials in

paris now have the flight cockpit recorder. what will this ultimately tell us about what happened and how long is it going to take for the officials to analyze what is on those. >> well there is no shortcuts here. it is very scientific and it is agonizing for the families and the victims and for the general public as well. so theock pit ockock -- the cockpit voice recorder will record any sounds or alarms that might have gone off and that piece of the cockpit recorder, although damaged damaged, it will be okay. because everybody is wondering what happened in the eight minutes, was it controlled, on auto pilot why didn't the pilots communicate at all during that time. so the cockpit voice recorder will do. >> that and the real story is the flight data recorder which they haven't found. the flight data recorder has parameters, 1300 parameters, the speed, the functioning of the

systems and the computers on board and putting those two things together it will paint a complete story. and unlike some of the other crashes, we'll know in relatively short order, maybe not tomorrow or maybe a few weeks or a month, we'll get to the bottom of it. >> michael, we learned there were three americans on board, a mother and daughter from virginia and a third person not identified yet. does that mean the u.s. will get involved in any way in this investigation. >> the personal stories are so tragic to hear of the families an the vibe-- and the vikes. but the u.s. has good standing but everybody will be involved the airline and and maker but right now the lead is with the french. >> and michael i want to go back to what was said, does it mother that media is reporting on these crashes so loudly, when

these crashes are extremely rare and air travel has never been safer and as you point out, it is safer to fly than it is to drive to the airport. >> well the speculation game is always distressing but it is understandable why people want it is never helpful. taking you back to malaysia air 370, that was not how to run an investigation, and we heard the jet went up and down and turned course and we still don't know other than it took off and made a turn and we still know nothing about it. and the speculation is something experts try to avoid and certainly those in the french ntsb and the faa. they will report facts as they have them and when they can come out with something tangible. >> and we're talking about the french alps one of the most beautiful places in the world and also one of the most rugged and remote mountains in the

world. what recautions does the faa -- recautions does the faa to to prevent situations like this happening. >> so we go why isn't there a live remote streaming and gps. most don't have radar and they have military radar but they have to rely on reporting their position. in this area there is so much radar that that plane was on the controller's screen the entire time. but it is remote. it causes problems for the rescuers'. their lives are at risk. i heard reports they are making fires to keep the wolves away and it is a painstaking task and we have the best professionals doing it. >> michael gold favre thank you. breaking news we'll hear from the army on the fate of

sergeant bowe bergdahl. he's expected to be charged with desertion. that conference is about 20 minutes away and we'll bring it live to you here on "the cycle." over poise. visit alwaysdiscreet.com for coupons and to learn more. there's nothing more romantic than a spontaneous moment. so why pause to take a pill? and why stop what you're doing to find a bathroom? with cialis for daily use, you don't have to plan around either. it's the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours.

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i have a very business-like relationship with the prime minister. this can't be reduced to a matter of somehow let's all, you know, hold hands and sing kumbaya, this is how do we figure out how to get through a real knotty policy difference that has great consequences for both countries an the region.

>> that was president obama during our show on tuesday with a chilly reaction to prime mini netanyahu calling the possibility of peace amid israeli-palestinian relations quote, dim. many are saying the president or the prime minister needs to be the bigger person and putting an end to a spat between friends. and president ghani addressed the congress on what has been a chilly relationship at times. >> you, on the other hand, had a choice and with a fork in the road, chose to do the right thing. thank you. there is a saying that no gift can remain unreciprocated. today i would like to return that gift of reborn hope by offering to make a partnership

with the nation that is committed to the cause of freedom and that we'll join the fight against the growing threat of terrorists. for more on u.s. relations letez bring in ambassador mark ginsburg. i'm so bad we have you here today. because you understand what goes into making a strong diplomatic relationship. and you talk to democrats and they say it is netanyahu fault and you talk to republicans and they say it is president obama's fault. how has this business-like relationship turned from bad to worse. >> and it goes back to the beginning of the administration the president went to cairo and said it is important to resolve the arab-israeli conflict. and george mitchell was hired to do that and he failed. and kerry invested a lot of time and there was no willing

partners and there was no buyer or seller and he failed. the president has seen this conflict as a touch stone in helping to resolve america's broader problems in the middle east. the problem is the president is putting far too much emphasis on this point in time on what is essentially that a conflict the rest of the arab world has no longer considered to be the essential ingredient to peaceful coexistence in the middle east, number one. number two there is no doubt these two men don't like each other. for all intents and purposes, netanyahu preferred mitt romney. and he prefers a republican president and a republican congress. and let's just add for good measure, the president has had a white house staff that has hidden behind the white house lecturn to throw out aspersion and derogatory comments and unsubstantiated allegations against netanyahu and it is childish and ridiculous for for

someone like me involved in this process for 40 years, the president should be better served by a staff that knows better than to engage in that type of ridiculousness. >> and the white house chief of staff denis mcdonough talking this week about the relationship and he used the word occupation and something we've heard around the world but never in the united states. >> the independent palestinian should be based on the 1969 plot each state made secure by borders and robust provisions that safeguard's israel's security. an occupation that has lasted for 50 years must end and the palestinian people -- the palestinian people must have the right to live in and govern themself in their own sovereign state. >> is it fair to use the word occupation to describe that relationship and what does it say about the relationship

between the united states and israel that we're using that word publicly. >> i'm proud to say as a democrat i'm zionist to the core. but the fact of the matter is i use the word "occupation." however, let's make sure we understand it in the terms of the context -- and i was there. i wanted to see that speech. and when you single out one side and leave the palestinians basically immunized as if they are operating with clean hands and when they haven't reconciled their own relationship with hamas and haven't accepted kerry's own initiatives and walked away from what kerry tried to do, it appears that the administrqáion is putting so much onus on the israelis -- and granted, i'll say that netanyahu has been recalcitrant and there are equal opportunity and there

is no one willingness to get the administration to do the dirty work. >> ambassador, the democratic front-runner at this point is hillary clinton and there has been conjecture about what the split between obama and netanyahu and these tense relationships means for her in terms of her campaign and if she were to eventually be president, will there be a legacy of tension and strained relationships left from this president? >> there will be. an this is the worst i've seen it. i think anybody would say while the u.s.-israeli relationship will not fail and the president said he won't let this get in the way of military, and he deserves credit on that because every other president has used military as a way of pounding israelis when they don't like what israeli policy is. but i worked with bill clinton

and i understand the relationship between mrs. clinton and netanyahu who will be prime minister before the next term expires and both bill clinton and hillary clinton have had very cordial relationships. she likes to pride herself as she's picked up the phone and yelled and screamed at him and the two have been able to do business. i have known netanyahu well and he sees himself as the guardian and savior of israel security and there is not a lot of trust among israelis among obama. they don't feel he has their back. and netanyahu is reflecting israelis, and they don't feel the president has done enough because they don't know how much he's doing. i would like to get up there and say to the israeli public, the president has done a great job in providing the security and military assistance that the israelis expect but the sprez not getting the -- that the

president is not getting the credit and the netanyahu -- netanyahu is not reminding them the president has had their back in their relationship. >> and the relationship with the afghan relationship has had tension and partnership and i was interested to see president ghani, it was his request that we are delaying the draw down of the troops. are we going to be there for 60 years like we are in -- >> i watched the president ghani speech and i see we're going to leave about 10000 troops. the bottom line here is that the taliban are waiting for the day that we basically pull up our welcome mat and leave. they are hoping this is akin to the vietnam view where somehow or other it is the last american out on the embassy roof with a helicopter pulling them away. the americans are determined -- and president ghani are determined not to let that happen. why? because we need to have cia and

counter-terrorism troops in afghanistan in order to continue the fight against the tabl. -- the taliban. if the taliban believe we have left afghanistan naked without the capacity to attack them, they will run rough shod over the force left in place. >> ambassador mark ginsburg, thank you. we appreciate it. and the army is about to announce desertion charges against sergeant bowe bergdahl and we'll bring that to you live. and next on the five-year anniversary of obama ted cruz is finally on board. >> what? >> not exactly. and later from the author michael boyles is joining us here live if you want to choose wisely choose angie's list. with in-depth reviews, an exclusive scoring system and real people standing by to help, you can get a finished project that you'll love.

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we are awaiting the army to announce the charges for bowe

bergdahl. and now turning to the affordable care act. this morning the president marked the fifth anniversary marking legislation at the white house. he poked fun at the five years the republicans have spent trying to repeal it. >> it is working, des point countless attempts to repeal undermine and defund and defame this law. and we have had death panels doom, a serious alternative from republicans in congress. >> and in some a somewhat delightful twist of fate the loudest republican critics is signing up. >> do you like green eggs and ham? >> i do not like them sam i am. i do not like green eggs and ham. >> the senator so passionate about his crusade to kill obama care he spent 21 hours on the senate floor, including a dramatic dr. seuss reading.

newly official gop candidate ted cruz is set to get obama care. he has been on his wife's health insurance since she is taking unpaid leave to hit the campaign trial, he will have to sign up for the exchange by congressional rules. we can't make this stuff up. joining us from the national journal, ron, it is great to have you here. >> thanks for having me. >> there has been a lot of ted cruz news this week since we announced the presidential campaign. he is the first to officially jump into the presidential pool. do you think that all of this attention is a good thing for him? do you think strategically it was the right move for him to make this announcement this early? >> i don't think it really matters. we have a long time to before there is actually -- and the folks that support cruz the hard right, is spinning this in his favor. so i don't think this hurts him,

for a few votes in iowa and speaking fees in 2017. >> what do you make on the controversy on the obama care. this is what it says. members of congress don't get federal employees any more and if they wives don't work for goldman sachs, which his wife doesn't any more. he has to follow this law whether he agrees with it or not. >> i don't think it is a big story or even hypocrisy. it is kind of rich and ironic and who has criticized obama care. i like that clip about green eggs and ham. i saw it made a comment today at the end of the story, the character of green eggs and ham kind of likes it. maybe that will happen with cruz. now he does have -- and by the way way, the law doesn't require him to do. now any rational person isn't

going outside of obama care and pay for it outside of their own pocket and so we will help subsidize his health care and he will have a great plan through the health care exchanges and maybe he'll find out that obama care is better than he thought it was. >> one spokesperson said he will not take the subsidy. there is controversy over whether the law allowed a subsidy for the members of congress so he will pay extra out of pocket which takes more of the hypocrisy angle out of it. >> i think we're mixing things up. the law does not -- he can't take the obama care subsidy under the law. but he will get the subsidy from his employer. like my employer gives me a subsidy, his employer is you and me. so he will get a subsidy, but it is just not the obama care subsidy and be careful how we spin it and we have to be

careful we don't over-spin it. >> and i think it is a nonstory. but the bigger part of the conversation is how much ted cruz will zone in on repealing obama care during his campaign. and he spoke on monday making it clear this is a hot issue for him. let's take a listen to that. >> imagine in 2017 a new president, signing legislation repealing every word of obama care. >> so ron, four years ago, or i guess three years ago during the last primary go-around, on the debate stage, republicans pounded the podium and michelle obama -- take that back michelle bachmann -- >> i think you just insulted both of them. >> i think i did. and three or four years later is this still a hot enough issue for republicans -- >> and hold on a second.

the army is announcing desertion charges against bowe bergdahl who disappeared from his post and held by the taliban for years. >> the investigation of sergeant robert bowe bergdahl in afghanistan. during the legal information i'm about to provide i'm unable to take your questions, but our staff here will provide you with a copy of this statement and point to a contact to address your questions at the conclusion of this statement. our statement follows. the u.s. army forces command has thoroughly reviewed the army's investigation surrounding robert bowe bergdahl disappearance in afghanistan and formally charged bowe bergdahl under the armed forces uniform code of military justice on march 25th 2015

with desertion, with intent to shirk important or hazardous duty and miss behavior before the enemy bien dangering the safety command unit or place and referred the case to an article 32 preliminary hearing. again, sergeant bergdahl is charged under the uniform code of military justice with one count of article 85 desertion with intent to shirk important or hazardous duty and one count of article 99 miss behavior before the enemy by endangering a command, unit or place. as you recall the sergeant disappeared june 30th 2009 from combat outpost in afghanistan and was subsequently captured. regarding next steps.

in article 32 preliminary hearing is a legal procedure under the uniform code of military justice designed to determine whether twl is sufficient evidence to merit a court marshall and required before a case can be tried before a general court marshal. legal experts often compare an article 32 hearing to a civilian grand jury inquiry. the article 32 hearing will take place at fort sam, houston, texas. specific scheduling details and procedures for news media coverage for the hearing will be announced at a later date. following the article 32 preliminary hearing, and receipt of the article 32 preliminary hearing officers' recommendations, the report will be forwarded to a general court martial convening authority who may refer the case to a general

court martial, refer the charges to a special court martial, dismiss the charges or take any other action deemed appropriate. there are potential punishments associated with the two charges. article 85 of the uniform code of military justice, desertion with intention to shirk important or hazardous duty carries a maximum potential punishment of a dishonorable discharge, reduction to the rank of a-1, total forfeiture of all pay and allowances and a maximum confinement of five years. article 99 of the uniform code of military justice, misbehavior before the enemy by endangering a command, unit or place, carried a maximum penalty of a dishonorable discharge, reduction to the rank of ae-1 and

possible confinement for life. the specific elements associated with article 85 and 99 are available within the written statement provided to you here today. forced command official as associated with this legal case cannot discuss or disclose the findings of the 2014 investigation while legal actions are pending out of respect for the judicial process, the rights of the accused, and to ensure the proceedings fairness and impartiality. the army's 2014 investigation into the circumstances of a soldier's 2009 disappearance and capture in afghanistan is currently being treated as potential evidence in the pending article 32 preliminary hearing. this concludes our statement.

thank you. >> you are listening to the army talk about charged being filed against sergeant bowe bergdahl for misbehaving before the enemy and desertion. joining us now for more nbc news senior white house correspondent chris jansing. bowe bergdahl faces life in prison. >> reporter: as thnd -- and this is a surprise. we were expecting the desertion charge with carries maximum of five years in prison. and there was consideration whether the military might expect the five years he spent as a p.o.w. as that five years. that would not mitigate what the other penalties are, which include loss of pay, a dishonorable discharge and a reduction in rank. while he was being held by the taliban, bowe bergdahl was given a promotion to sergeant and he has remained on active duty in texas. and the second charge described as article 99 miss behavior in front of an enemy, that is the

one you discussed that -- would carry a potential life in prison. this is the beginning of a life in process. we do not know and will not know what the results of that investigation are. but it was less than a year ago that president obama was here in the rose garden with bowe bergdahl's parents announcing the deal made to bring him home in exchange for five prisons being held at guantanamo bay. in addition to that, there was a big parade to be held at his home town in idaho and that was canceled after questions raised by members of his platoon about desertion. and so again, two charges that officially announced against him today, one carrying a five-year sentence and the other carrying a potential of life in prison. >> and chris, as you mentioned, that deal became quickly controversial, both because of questions surrounding the way that bergdahl did leave his base at that point and also because of questions around making a

deal with the taliban and the release of five relatively senior commanders. is the administration concerned that now the announcement of these charges will re-raise some of those questions and bring back some of that controversy? >> reporter: look, i know that it was talked about today in the brief briefing, they know this will renew that controversy. just worth a reminder that there were critics that said the tool made and of course nobody is unhappy when an american is brought home and what the president said at the time you don't leave anybody on the field of battle but there were critics who said this was tantamount to dealing with terrorists and something the united states doesn't do and we heard criticism from parents of hostages taken in various places around the world saying if you could make a deal for bowe bergdahl why are we not allowed to make a deal for our child, for our family member our loved one. and so it remains a point of

controversy and those controversies will be brought up again now these charges have been made. >> and chris stick with us. and let's bring in ayman mohyeldin that covered this when it happened. and we're talking about a controversial decision by the white house when this exchange was made. and not many people were involved in this including congress. and what is your response to this? >> that will find its way back into the headlines, for two reasons, one is the actual swap and the second part is what the white house told congress about that deal. this swap happened very unexpected. we knew negligences were s-- these negotiations were taking place but this caught people by surprise. the u.s. was depending its position saying it was not negotiating with a terrorist organization and the taliban is not listed as a terrorist

organization on the state department's list of terrorist organizations like isis or others. so as a result of that they were saying these were battlefield enemies that we were negotiating with to return a prisoner of war. that was the legal defense they gave. but the second part of that which is perhaps the more challenging part for the white house, is the argument that they did not notify congress that these talks were taking place. they did not notify the prisoner swap from gitmo, and they had to notify them within 30 days they were about to release five people from guantanamo bay. and that did not happen. and the accountability office said that was a violation. >> and surrounding the swap the allegation was that he deserted and he exposed others to hazard in the effort to find him after that happened. do you think this charge is likely to respond so some of the criticism. because it was thought that maybe being a prisoner of war was punishment enough. is this showing that the military is taking a serious

line on desertion? >> i think that is a question best for the military what they were taking into the calculation when they were making this decision. but there is no doubt that -- a lot of jurmism went into looking at what happened to bowe bergdahl after his disappearance. the e-mails, showed that his intent was to leave the base and he was not somebody who wondered off. and i think as a result of that the military said early on general dempsey was saying they were going to and did bring him back and going to look at this as a separate issue. what was the reason why he left the base and they would not shy away from any tough measures as we are seeing with this charge of desertion. if in fact that is what the evidence suggested. and it was suggested that he definitely left that base based on the accounts from the fellow platoon mates. >> what do we know about the five taliban commanders released

from guantanamo and what do we know about their whereabouts and what they are doing today. >> and they are still under house arrest and that is vague because we are not under serious request. and they are in qatar and they have maintained some kind of surveillance and restrictions on the mobility communication of the five individuals to ensure they are not returning to the battlefield. there have been anecdotal reports that they could make phone call and express kind of their opinions or sympathies on the politics of what is happening in afghanistan. but it is important to keep in mind the big picture. the afghan president is here and trying to jump start talks with the taliban as the u.s. begins to wind down so this fits into big picture pieces of the region and that can't be lost on people. >> that these people won't

return to the battlefield that are housed in qatar, that won't be brought to light. >> and your thoughts that the notion josh brought up, chris thousands of men and women have deserted, but not on the battlefield and a serious thing to do and somebody detained by the taliban for five years, and are folks there saying perhaps he's served enough and paid enough? >> well again, part of the conversation as we understand it and jim miklaszewski at the pentagon reported this back in january, was there was serious consideration being given to whether or not they would essentially take that five years on the desertion charge and essentially would have served it because of the time he spent at a p.o.w. nobody is trying to underestimate what that is like to be held for five years in enemy habds. having said that to pick up on what ayman said this was headed

by the general, in charge of the u.s. army forces command, and it was going to be intent. did he intend to return. that was the most complex parts of this, to discern what was in his mind and what did history tell us and what were the conversations with other members in his platoon. but again, this looks like a very different situation than we anticipated it might be when it was a charge of desertion. now we have something totally different that carries the possibility of life. >> and chris, sergeant bergdahl has more than his freedom to lose here. >> he has money to lose. a loss in rank. as i mentioned before he was made a sergeant. he would be demoted to a dishonorable discharge and also pay. and i think it was calculated back at the time when they were talking about the possibility that this desertion charge would be about $300,000 so obviously not an insignificant amount of money, but probably if you are

bowe bergdahl, not the most serious thing he's considering right now when he is facing possible prison terms. >> and as we are talking politically how controversial this is and people feel on different sides about what happened a year ago what, happens from here? do you expect the white house will have to answer some real questions that people have including congress? how do you see this playing out? >> that is a million dollar question. it depends on how political people want to try to make this particular case. there will be people saying that themill is keeping its-- the military is keeping its word and punishing someone no matter what the cost was after bringing him home safely and then people will raise the question as to whether or not at the end of the day they made a bad decision in releasing these five individuals or not. i think it will come down to the politics and how much people want to politicize what happened with this individual soldier. >> chris, is there a sense how much, if at all, the white house is involving itself in the

decision-making. >> reporter: no, they are saying completely out of this and this is not something they want to look at in any way as having influence. this is something that a highly-respect the general, the head of the u.s. army forces command has been charged with. it has taken place and unfolded over a series of months. this is a process that is very structured as you would imagine, within the u.s. military court system and so this is something that -- that the administration, while they obviously may have to deal with -- and will have to deal with some of the questions both from members of the press and from members of congress potentially, they are not going to get involved in. >> ayman, you mentioned the fact this fit news bigger questions raised in washington this week with the visit from president ghani and the fact that president gaub and dr.-- ghani and dr. abdullah talk about what

the conversations are over. >> and with the withdrawal of troops in 2016 there will be a major security vacuum in that country and questions as to whether or not the taliban can re-emerge in a strong and potent way to take down the central government. and they want to avoid that. and the ways to do that is to bring the taliban, as extreme as they are and having seen what they've done in past into the political fold of that country. but to do so they are setting very strict conditions. the complete denouncement of violence the promise of maintaining women's rights the women's rights gains made since the american invasion. so they are trying to get the taliban to commit to that. it doesn't seem that these talks have even taken off the ground yet. this is a concept you'll objective by the central government and no indication that the talks have begun yet. >> ayman mohyeldin and chris

johnson ing johnsoning, thank you. and we'll be right back. look here! so when your day goes on and on and on, outlast it with new secret outlast clear gel. jack's heart attack didn't come with a warning. today, his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before your begin an aspirin regimen.

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and my biggest reason to walk... ...calls me grandpa. ask your doctor about lyrica. the dow is down more than 200 points the nasdaq is off another 1.5%. another roller coaster day on wall street. is this really investing or is it gambling? let's ask michael lewis author of "flash boys." michael is one of the great nonfiction writers of our time

author of "the blindside" and "money ball." given that the market is rigged in favor of certain folks and average investors lose out in that deal, should the average folks be investing in the stock market? >> yes. >> hesitated there a bit. >> it was a big question there. there's a lot to unpack there. the nature of the rigging is essentially a tax that's levied on ordinary transactions, big mutual funds to ordinary transactions. it's unfortunate. it's a transfer from the middle class to the rich. it's a symbol of unfairness. it shouldn't happen. it's outrageous. if the market is going to triple it is crazy not to be in it. you don't feel it. it is kind of an invisible

scalp. it is pennies off of each transaction, which adds up to billions, because there are many transactions. you shouldn't be upset about it. you should ask the person who is investing your money how those orders are handled and are they exposed to unnecessarily coalitions with high frequently traders. the market has been configured for the benefit of intermediaries. the complexity leads to instability. >> the ask your broker thing there is interesting. you have this article in "vanity fair." you say you don't feel that strongly about high-frequently trade ing -- frequency trading. why is there more outrage focused on the exchanges to

allow people to cut ahead in line and get more favorable pricing? >> there are sort of sharks just doing what sharks do. they're operating probably within the law, most of the time, although a bunch of them have been fined later. they're looking to exploit holes in the system and the system is screwed up because the banks and the online brokers are essentially paid to mishandle order so they collide with the high-frequency traders and the exchanges get huge sums of money, hundreds of millions of dollars from high-frequency traders for special access. in my view, there's an abdication of responsibility there. the banks should be just representing your interests rather than the financial in

incentives to mishandle your order. it's hard to exploit your order on their exchange or in their market. >> "flash boys" came out and you exposed all this. have improvements been made? >> no systematic improvements. there have been fines levied. there's been arguments inside the scc on how big this is. there's been a lot of noise about it, but there's been no -- the same thing that's disturbing about all this is the same thing that was disturbing in the run up to the financial crisis. financial people are really good at following incentives. if you pay them to do screwed up things, they'll do screwed up things. >> "the big short" the movie is

coming out about the housing and credit bubble. the cast for this is incredible. must have been so fun for you to see people lining up to do this film. beyonce could be in this. you have to clarify that. >> i have only seen the script and she's in the script. >> hey. you heard it here. >> they keep me at arm's length and they're right to do it. >> you have already won somebody an oscar. i hope you come back and talk about baseball. that does it for "the cycle."

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hello, i'm ari melber in for alex wagner. we have breaking news. audio now recovered from the plane's audio cockpit contains sound and voices. hours ago the casing of the plane's second black box was also discovered and that of course carrying crucial flight data, but the actual contents of the box are still missing. the state department confirming there were three americans on that plane. joining me claudia, anthony, and