What . No. Just the cabin. No explosions. Hannity starts right here, right now. Welcome to hannity. The army announced more than three months ago in october that it had completed its investigation of Bowe Bergdahls 2009 disappearance. The findings have not yet been made public. After the white house freed these five taliban members held at git moemo did this. Hes going to be safely reunited with his family. He served the United States with honor and distinction. Sergeant bergdahl put on the uniform of the United States voluntarily and went to war for the United States voluntarily. That takes honor. And it is a mark of distinction. Its not in the interest of anyone and certainly i think a bit unfair to Sergeant Bergdahls family and to him to presume anything. Members of bergdahls platoon, people who served alongside him, tell a very different story. Watch this. He needs to face consequences for his actions. Not only is it a slap in the face to all the men and women who have served honorably, who upheld their oath and its also a bad precedent to set towards future service members. To say that bowe is honorable, its a spit right in everybodys faces. And it is frustrating. He needs to go through all the proper channels that any other deserter would go through. New tonight, official confirms fox news that one of the five taliban members traded for bergdahl has been discovered making phone calls to the taliban. Joining me with reaction is pept gone press secretary rear admiral john kirby with us. Thank you for being here. Thank you sean. How do you reconcile a white house saying that bergdahl served with honor and distinction with his platoon mates say its a spit in the face, that he deserted that he should be courtmartialed. These are the people how do you reconcile these stories . I know theres a lot of emotion revolving around this. We understand there are former troops that served with him that have concerns about accountability here. What i can tell you is that the characterization of his service will be one of the things that general milly works on as he works through this investigation and how to dispose of the case. Certainly characterization of service will become a part of that. And i can tell you no institution, none that ive seen in almost 30 years of serving in the military is more accountable than we are. And were transparent about it. And we expect a certain level of conduct and behavior out of our troops and out of our officers. And when they dont meet that theyre held to account. We dont want to rush to judgment here. General milly has only had the investigation for about a month. Hes working his way through it. And then hell make the decision about how this should be disposed of. I can guarantee one thing, ive known general milly a long time. Hes a thoughtful, smart, measured leader in the army. Very experienced in combat. And hell make the right decision. Let me ask you, the white house repeatedly said he served with honor and distinction. His own platoon mates said over and over again that was not the case. That he was deserted, that he left on his own that they heard radio transmissions that he sought out the taliban. Its reported as many as six platoon members died searching for him. Ive talked to the parents of one soldier that died in the search for him last night on this program. How do you reconcile that though . Why would the white house repeatedly Say Something that the people who knew him best say is not true . Well, i cant speak for what others said about the character characterization of his service. I think it was more in terms of the volunteer nature of being in the military in general particularly at a time of war. But when we talk about specifically characterizing his service in afghanistan and this is what many of his fellow troops are concerned about thats what general milly is working through. In terms of the circumstances surrounding how he left that day, he came up with some findings i cant talk about them right now obviously about how it came he left the case. What do you make of todays news that of the five the taliban five, one has now returned back to the battlefield, one has now returned to terror . What does that say about the Decision Making of the white house releasing somebody for Bowe Bergdahl now potentially going to be out there killing soldiers or innocent people. Let me cut this from a couple directions. First of all, we take all allegations of reengagement very very seriously. Theres different ways of considering reengagement. It doesnt necessarily mean return to the battlefield. Doesnt matter, we take it all seriously. We have a good Security Partnership with the government of qatar. They have provided assurances. And i can tell you that we are comfortable at the Defense Department that we can mitigate any threat that could be posed by any one of these individuals in terms of terrorist activity. Again, i cant talk about the details. I can tell you were very comfortable we can mitigate that threat. Now to the larger point of your question about the trade with Sergeant Bergdahl. I tell you, we still standby this decision as being the right decision. Its a powerful message to our troops and our families that were not going to leave you behind. It doesnt matter how you came to be missing. Well deal with that later. The administration, i had parents on. They lost their son who was killed in the search for Bowe Bergdahl. They were on this program last night. And they claim the administration and the military has not been transparent with them. They want answers. What do you say to those parents tonight . Well, first of all, our thoughts and prayers go out to them and our deepest condolences. As a father myself i cant imagine the sense of grief that theyre suffering right now. And i can tell you if theres more answers they need or more contact they need then well do whatever we can. And well reach out and try to support in any way possible. I cant talk, again about the specifics of the case and the disappearance as general milly is working his way through that. What i can tell that family and any other family that we take that obligation very very seriously to support and care for them. And we will. Let me ask this question because this report was completed, were told in october. Can you tell me with any certainty, general, why has he not made the decision, general milly. And how do you know the charge sheet hasnt been delivered to bergdahls lawyer . Well general milly only got the investigation right around christmas time. In fact right before the holidays. So hes only had it in his hand for a month. It was finished in october. It was finished in october but there had to be a series of evaluations of the report itself. Once the report is done in the military, it doesnt just get handed right over. It has to be reviewed by the chain of command and it was. So it took a while to work its way to general milly. It wasnt even an automatic decision it would go to general milly. One of the decisions the army had to make was now what do we do with it. They had to think that through. They thought it through said we need to give it to a fourstar army general to figure out what judicial process is the right way ahead. And thats what theyve done. Hes had it for a month. Its about a 2,000page investigation, sean. Its very big. I can tell you hes working very hard on it. And well get there. Lets talk about the legal definition, the uniform code of military justice. How to you define desertion . And what are the options that general milly will have . Well, lets not jump to a conclusion that hes going to be charged with desertion. His platoon mates say he did. I understand that. I understand a lot of people have already made up their mind about Sergeant Bergdahl, but the only mind that matters right now is general millys mind. And i can tell you he has not made up his mind. But lets put that aside for a second. Desertion exists on several levels. And its all tied to intent. What caused the individual to desert their post to leave their comrades during a time of war. And the intent matters here what was in the individuals mind as they left. Desertion is a very serious charge no matter what the intent is. But theres various levels of that. Those are kinds of things general milly is going to have to work through. Isnt this the type of thing where the lawyer for Bowe Bergdahl could have coached his client and give him an excuse. If youre talking about intentions of somebody you cant prove what somebodys intent is. Dont you have to put the pieces of the puzzle together differently . He could say anything. I thought i was on a peace mission, oh, i thought my commander wanted me to do this, oh, i dont remember, i was suffering from posttraumatic stress disorder. In other words it seems they can make any excuse if the definition is by intent. Well, i dont know what communications hes had with his lawyer. And i wouldnt speak to that. What i tell you is that Sergeant Bergdahl was interviewed for the investigation, he was very cooperative in that interview and was very open about what happened. I cant talk about the details of course. But i can tell you that general doll was very confident in the testimony he received from Sergeant Bergdahl that it was complete and thorough. Rear admiral kirby thank you. Appreciate it. Thank you. The white house drew heavy criticism for saying the bergdahl trade is different than a potential prisoner swap between isis and jordan. Heres what they said. The president s bedrock commitment as commander in chief is to leave no man or woman behind. Isnt that what the jordanians are operating under . The taliban is still conducting terrorist attacks. Cant really say that the war has ended as far as theyre concerned. I would also point out the taliban is an armed insurgency. Isil is a terrorist group. We dont make concessions to terrorist groups. You dont feel the taliban is a terrorist group . I dont think that the taliban the taliban is an armed insurgency. Not a terrorist group . Here with reaction fox news military analyst colonel david hunt. Ill get to that comment in just a second here. This has been finished since october. As many as six people died. Now one of the taliban five has returned and reengaging in terror. And we still have no answers. And one has to question what is going on here. What are your thoughts . Question and comment. This is not the first time in the history of the United States army that weve looked at a deserter. It was two reports sean 2009 when bergdahl walked off his post, left a note made a phone call changed clothes, left his weapon. And now this report by general doll. Thats two times. Two times. The first time called a deserter and they changed it. The army changed it to person location unknown. Invented a new category. Now we go to a fourstar general who gt to be a fourstar general making decisions. The army has delayed this colonel to say one month, doesnt take a fourstar general three days to make a decision on something as straightforward as bergdahl. As many as six people died. Many others injured. Yep. You just laid out the evidence, pretty compelling evidence, that he consciously made a decision to leave his post. And there were radio transmissions that were picked up where locals were saying over the radio that theres an american looking for the taliban. Okay. So six americans die, as many as six, many others injured here. And then the white house says he served with honor and distinction. And now we cant get an answer as to what the report is. So what are we to conclude . Now we have one of the back on the battlefield. Theres a big gap between not leaving anyone behind and trading a deserter for five terrorists, which are now not terrorists because somebody decided theyre armed insurgents. Which is crap. And the fact we had a white house meeting with the mother and father. This has been tortured. It doesnt need to be. We know how to do this. It should never have taken the amount of time it has. We should never have traded. And now they have a fourstar people scratching their heads going, well it takes some time. No it does not. If it takes a fourstar general this kind of time in the army three months we need to reevaluate the fourstar system. Its not hard considering the two investigations weve had. Colonel, thank you for being with us. Appreciate it. Coming up tonight right here on hannity. The incendiary words used by eric holder used a false narrative that then became the rallying cry for cop haters across america. A lot of swipes were taken at the man she wants to replace thats eric holder. Now, three of the key witnesses from todays hearing join us exclusively. And later the story the Mainstream Media refuses to cover, a former Army Lieutenant sitting in jail tonight all because he tried to defend his fellow men in afghanistan. A heartbreaking story and how you might be able to help that man right there. Epic music] introducing aleve pm. The pm pain reliever. That dares to work all the way until. [birds chirping] the am. New aleve pm. Its the first to combine a safe sleep aid plus the 12 hour strength of aleve. For pain relief that can last all the way until morning. New aleve pm, for a better am. Welcome back to hannity. Today was the second day of confirmation hearings for loretta lynch, thats president obamas nominee for attorney general. While lynch was not in the hot seat today lawmakers got an earful from witnesses who spent most of the time attacking the man she will be replacing, eric holder, because of the dangerous decisions hes made as americas top cop. Watch. The American People in my view have been poorly served in recent years by the Justice Department. They covet and withhold Public Information that we as citizens own. This is a department that has some real Serious Problems right now. Problems that really make the hair stand up on the back of my neck sometimes. What ive witnessed from the department of justice under the leadership of attorney general eric holder has been almost hostility towards local Law Enforcement. Im here today because i was targeted by this government for daring to speak out. They bully and threaten access to journalists who do their jobs, news organizations that publish stories they dont like and whistleblowers there to tell the truth. Incendiary rhetoric used by eric holder created a pathway of false rhetoric that then became a rallying cry for cop haters across america. The department being eroded, the situation is not good in this country. General holder called america a nation of cowards. Well, if you remember nothing else from my comments, please remember this, i am not a coward. And i am not a victim. Im a messenger for all of those americans who love our country love our fellow countrymen and pray for a better tomorrow. Here now are three people who testified at todays hearing Milwaukee County sheriff david clarke investigative journalist sherl attkisson. More than anything, i know a lot of people didnt have time to watch the whole hearing. I wanted to give you all an opportunity to tell your story. And why this is important as we now go through the process of picking a new attorney general. Kathrine, well start with you. You told them today what . I told them today that the department of justice has been an everpresent shadow in my life for these last few years as i have endured 15 audits and investigations and inquiries from four different federal agencies. And today i wanted to make sure we had a real clear understanding of the role that the attorney general played then and the role that the future attorney general might play. Its too important to leave these things to chance. You are the target of all of these irs investigations. Its pretty amazing. And you also have issues with voter id laws, correct . Well, i have grave concern that were headed right back down the same path eric holder took us down which was to sue the states that were trying to institute common sense laws that would support legislation for voter id. Yes, im very concerned about where were headed. Sheryl, your storys unbelievable too. Youve recently filed suit against the department of justice. And this has to do with them hacking into your personal computers. And this goes even deeper in your case. Explain. Well, failing to answer lawfully the Justice Department freedom of information requests regarding my case and just in general many others, everyone knows its a huge problem freedom of information or f. O. I. L. Law is being flouted by federal agencies and then deflated by the Justice Department as they too delay and withhold public documents. I was asked to be there to address basic restrictions on free press that have come into play. And i use the words of many other journalists in new york times, the washington post, abc news and many others as they have raised objections in one case likening some policies at the white house to the soviet news agency. Others saying its most Difficult Administration one correspondent said shed worked for in terms of transparency in seven president s. And i compiled a lot of those quotes and anecdotes to explain how serious i think some of these press restrictions have become. Yeah. And as part of this was all because you were investigating. You were digging deep into issues like fast and furious and benghazi and obamacare and some other issues and they didnt like that right . It was that simple. Well, who knows why. I can only presume because the guilty parties havent stepped forward and said i did it and heres why. But the monitoring and surveillance happened during a time period when, yes, we were getting extraordinarily aggressive pushback from the administration and its surrogates and bloggers and so on on a host of stories i was covering for cbs news. And sheriff, you talked about the hostility the department of justice was showing to local Law Enforcement and went onto say the incendiary rhetoric plays into the cop haters across the country and we saw a lot of that for example in ferguson. Sean, i dont engage in hyperbole. I dont think its a stretch or an attack to say attorney general eric holder has demonstrated a