christian. her husband is here and. >> air traffic control asleep at the switch, jumbo jet on a collision course. get ready for a jam packed "on the record" right now. >> hello, everybody, i'm andrea tantaros in for greta van susteren. up first tonight, a marine who served our country spending this memorial day behind bars in mexico. sergeant andrew tahmooressi has been held in a mexican prison since is he made a wrong turn at the border. that was almost two months ago. greta and the "on the record" team has been all over. this they went to mexico to investigate the marine's case. they found out just how confusing the tijuana border crossing is. in fact, they discovered that a flashing sign alerting drivers to the mexican border wasn't even there when the marine drove through it, which makes it even more obvious that the marine ended up in mexico accidently. former congressman allen west joins us now. so, congressman, we are coming up on memorial day. we have an american marine in a jailed prison. what kind of message does this send? especially amidst all controversy in the v.a. scandal about how we treat our active and past military members? >> well, it's good to be with you, andrea. the optics are absolutely horrible. you think about what has done with on with the veterans administration hospital and the fact that we have veterans that are dying because they are on a wait list. you talk about sergeant tahmooressi and his situation, which he even called on 911. we have the record of him calling the audiotape of him saying exactly what is happening. but, yet, you have the president of the united states of america who goes off to cooper's town ohio to visit the baseball hall of fame to talk about tourism and then goes off to new york city to do fundraisers. you have the secretary of state john kerry who was in mexico and could have just said "i will not leave until sergeant tahmooressi is released himself." so right now what we have is these very neutered pajama boy leaders faux leaders in obama and kerry, very embarrassing, a sad state of affairs that a marine is being detained, a combat veteran who could possibly be suffering from ptsd who is guilty of nothing. >> you know, congressman, i think a lot of the viewers myself included, feel that mexicans cross our border, often illegally, congress debates whether or not we should give them amnesty. they get healthcare and benefits and may even get american citizenship. when one of ours crosses accidently, not intentionally now he did break some laws by carrying these guns but he it is clear that he did. he gets thrown in prison. isn't there a problem with that? >> i have a huge problem with that first of all he did not break any laws. if there is any law that he broke, it's the law of a marine who got lost. he didn't have a and compass direction. those guns were registered. if anything, the mexican border police should have contacted the united states border police and said we have an individual, he made a wrong turn. we are going it meet you at the border and we are going to make sure that we escort him back across and they should have told him -- if you look at the manner of this situation, he is going to have a hearing on wednesday and they may possibly set some type of bail so that the mexican authorities can save some type of face. this is horrific. you already know about the story of 36,000 criminal illegal immigrants that were released by the obama administration. what message does that send to sergeant tahmooressi and his mother? >> now, you talked about this hearing and how they could ask for bail. isn't that what it is about though, congressman isn't this all about money? i remember getting pulled over the last time i was in mexico. they basically just want to shake you down for some mope. sergeant tahmooressi in this case broke a mexican law. sounds like they want to wheel and deal with the united states behind closed doors. do you think that is what the american government is doing? >> yes, this is extortion, there is no doubt about it sergeant tahmooressi had three registered guns as i said earlier and we have the tape of it. he called in to 911 to let them know exactly what was happening. so this is not something he was trying to smuggle guns. those guns were registered properly in the united states of america. he was not trying to hide any of his actions. and he it should have been a simple act of the mexican border police, border patrol, whatever agency turning him back over to the united states border patrol and not continue -- this has gone on for two months. it's absolutely heinous and appalling and unthennable. >> it is, congressman. thanks so much for joining us tonight. >> thanks. >> sergeant tahmooressi. he is not the only one, drivers make mistakes at that same border crossing all the time. even members of mexican's border authority have mistakenly crossed into the u.s. the u.s. has not made a federal case out of it. why is this marine so differently. dominic, is this a common thing for americans to cross the border and then be thrown in jail? there are all sorts of issues that happen. the mexico does have an issue with the united states over guns, travel from u.s. to mexico and cause the crime situation there and particularly the drug situation there. so when an american comes across with three guns or they being registered in the united states. the mexicans don't take it lightly whatsoever. and they really do take issue of it. in many ways is he a scapegoat here. adding insult to injury here dre is that some members of the military have been found to wander across the border. they get picked up by the likes of the california border patrol who question them, have they really done this by mistake? they sort of weigh it off and go okay, we will let you back. don't do it again. of the americans rap it up very easily, use a lot of common sense. better law enforcement here. one of the problems in mexico is rule of law is not particularly strong here. over here we are much more professional about it it so when you get the likes of the mexican border patrols involved and then the mexican military involved, you know, they see a marine make a mistake. u.s. marine make a mistake. slim pickings, easy pickings and put him in a situation like they found today. andrea. >> dominic, there are thousands of americans in mexican prisons. are some americans in these mexican prisons for similar crimes like sergeant tahmooressi alleged by mexicans for firearms? are they drug charges? i was shocked at the number of how many are in jail. >> it is thousands. not good data because they are not good at keeping records. we have seen u.s. soldiers at least twice in the past two and a half years go into mexico accidently taking their weapons. it was a case of the guy in -- the case of the marine in florida who ended up being banged up for four months. he was actually tethered to his bed by his foot like a dog. he took intense diplomatic efforts and lobbying from the state department to get him freed. it's now two months for tam reissy. and john kerry was there just last week. nothing seemed to happen then. the mexicans, yes, perhaps caving in to all the media attention they are now getting we do believe this he does receive bail they might let him go if only to release their own embarrassment. andrea. >> several members of congress signed on to a letter demanding mexico's attorney general expedite the marine's case and initiate a dismissal of charges. former congressman is one of them from the marine's home state. he joins us now. congressman, i read the letter, what you have read from the state department, the obama administration, anything, can you tell us what's happening behind the scenes? >> andrea, this is not the only letter that's gone out. congressman duncan hunter has done a number of different letters. as of today at 4:00 p.m., zero. nothing. no response from the administration despite that the secretary of state was in mexico. all did he was check the box. hard to coon receive by the president of the united states while intervene personally when a police officer has an incident with a liberal professor. remember the whole beer summit you have a u.s. marine who has served two times in combat, the president of the united states doesn't seem to be concerned. the secretary of state checks the box. this is something that the president himself. the president himself should be contacting the president of mexico who should be demanding answers. should be doing everything he can to get this young man returned back to his family. and we can't even get letters, responded to, members of congress can't even get the administration to respond to our letters. >> do you think congressman more is happening behind the scenes? should we give the administration the benefit of the doubt? do you really think on this one they are really not focused on the specific marine incident and the best way is for people like to you come on shows like this and people like greta van susteren to cover stories like this because the administration just simply isn't paying attention? >> andrea, again, you know, we have seen the president when he does want to get involved get involved. i mentioned the case of the incident between the police officer and the left wing university professor with the president himself mention it, that had a beer summit. and, you know, that's what i'm asking. that's what we are asking. what are you doing? what are you going to do? you know, they know how to reach us. we are in washington, d.c. they have our cell phones. they can call us up and say hey, we are doing certain things. we are meeting. we need some help. can you help call the embassy? but nothing and, again, it's multiple letters. when the president wants to get involved, he gets involved. he gets involved in campaign issues. he, you know, directly personally gets involved in certain issues. but, for some reason, in this case, and in other cases that we have had similar to this, all we get from the administration is silence. and, you know, look, took weeks for the president to even acknowledge that there was a problem with the v.a. this young man, you know, this hero has been now in prison for two months. where is the president of the united states? >> i think a lot of people are are asking that, congressman diaz velar. you think he would have responded. when he was at the baseball hall of fame and speaking baseball dimension and speak out monday on memorial day. he has every opportunity to take to the bully pulpit but he hasn't yet. let's hope the public out there keeps the pressure on. thank you, congressman, for your time. >> thank you. >> now, to more on the v.a. healthcare scandal. lt. colonel oliver north blasting the u.s. senate for taking action on the washington redskins name controversy while blocking a bill to make it easier for the v.a. to fire people. colonel north joins us now. all right colonel, so the u.s. senate, as if they are not misdirected enough, decides to get in some pc red skin's name issue. really that's none of their business. instead of giving the v.a. the ability to hire and fire. what's going on? >> andrea, before they all went on vacation, harry reid had a chance to take action on one bill. the house had just passed by an overwhelming margin bipartisan a measure that would make it easier to hire and fire at the v.a. stop the process of repair that's so necessary for our veterans. what does harry reid do? he takes up the issue of changing the name of the washington redskins. this is why americans are just fed up literally up to here with what's going on in this city. the veterans who are paying the price for it are in hospitals or can't even get seen in hospitals because this is an administration. we heard from the president the other day. he says i will get accountability. i will hold people responsible. i'm personally as the commander and chief the guy you count on but we have got an investigation underway. we he have to wait until it's finished. we have heard that same hollow rhetoric in the irs case, in benghazi, and originally in fast and furious has anybody been held accountable in any of those? does anyone really expect this administration is going to do anything to fix the v.a.? my admonition to the american people, if you know a veteran, you go help them because that person going into a v.a. hospital may not come out alive. that's what they have shown us. >> you mentioned that you went to a v.a. hospital, you weren't told about your cancer, you almost died because of the v.a. hospital. i would be curious to know what you think the president should do? the way to fix the v.a.? what's the best way to fix this big government run healthcare bureaucracy? >> yeah. let me just make sure we got this straight. because when i was diagnosed at cancer it was suggested by my doctor that i go to the v.a. because the time of cancer that i had was directly related to exposure to agent orange and they are supposed to treat it i called the v.a. and said i would like to come by and get appointment in oncology come back in six or seven months. i went to johns hopkins and they operated and i'm alive today. i don't know if i would have been alive today. my wife is pretty happy that i got care by someone other than the v.a. the president can sign a writ that says effective immediately the next people hired by the v.a. will be veterans because veterans know how to take care of their own. number two, he could call in the fbi to start an investigation and protect the evidence that we undoubtedly know is being covered up or destroyed, removed number three this the president who could, if he really wanted to, make sure what we do from here on out from the hospitals actually gets treatment for veterans. how do you do that? you give the veteran a red, a white or a blue card that says i'm an american veteran. you can can take that card if it's red it's 100% disabled. if it's white it's 50%. if it's blew things that need to be done for this person. and take that to any medical facility. veterans administration. johns hopkins. georgetown medical and get treatment. that's what they really need to be doing. is he not doing any of it. >> and the question is, why? why isn't he doing it? that still hasy the to be answered. >> it's very simple it takes somebody who gives a dam. -- damn. >> you are right. thank you so much. special memorial day marathon with war stories with oliver north. 16 episodes that will air on fox business network this monday may 26th starting at 9:00 a.m. eastern. don't miss it straight ahead, how will the v.a. scandal impact the obama presidency? our political panel is here next. plus, as millions of americans take to the skies this holiday weekend, frightening news of another near miss in the air. that's three, count them, three close calls for passenger jets in just weeks. so what is going on up there? the latest coming up. really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month. low dues... great terms... let's close. introducing at&t mobile share value plans... ...with our best-ever pricing for business. trwith secure wifie for your business. it also comes with public wifi for your customers. not so with internet from the phone company. i would email the phone company to inquire as to why they have shortchanged these customers. but that would require wifi. switch to comcast business internet and get two wifi networks included. comcast business built for business. for weeks we have been reporting that veterans are dying while waiting for medical treatment. dozens of v.a. facilities nationwide are under investigation, but president obama waited until this week to talk publicly about the scandal. and he still has not fired v.a. secretary eric shinseki or held anyone else accountable. he says he is awaiting results of a v.a. policy review. how will this scandal impact the obama presidency? joining us now our political panel washington examiner chief correspondent byron york, the hill's managing editor bob cusack and jason reilly. i will start with you, jason, since you are sitting right across from me. i think this one could sting. i think this one could sting big. one it has to do with veterans. two local stories actually being covered in the local media and because this undermines his signature issue and that is healthcare. what do you think? >> i agree. i think it hurts him in a couple ways. to the extent it reinforces this perception that the president is a bad manager, i think it hurts. yes, they are coming off this disastrous obamacare rollout and here yet again is another scandal that shows the president looks like he is in over his head. i also think it hurts, as you said, with military and veteran folks. these are people who generally swing to the republicans. we have this midterm election coming up. it could further energize republican turnout. that's why you see democratic senators in red states like georgia and kentucky distancing themselves, calling for shinseki's resignation and so forth. they, too, think it could hurt them in the immediate future in november. >> byron, does it matter how much the media stays on this story? do you think if the media continues to stay on it will hurt president obama? that's the only way that this is going to maybe do some damage? >> oh, absolutely. if there is kind of immediate crusade on this, that's something the white house has to respond to, you know, back in january, after we saw what was happening with obamacare, quinnipiac poll found that 53% of americans did not really believe the president was up to the job of running the federal government. that number has got to be lower now. and it is because people have died in this, it is really at the very top of the importance scale. and the president has seemed tee attached and not terribly concerned about this. and the actions he has taken, that is ask for a study from secretary shinseki and sent a pretty anonymous white house official to phoenix to look into this, don't seem to be up to the problem. >> bob, why do you think it's taken the white house so long to respond to this particular issue? i know that they waited on the other ones because they saw them as being political and non-scandal, but this one involves veterans and dying veterans. why did they wait so long? >> andrea, it's a good question. a question a lot of democrats on capitol hill have been asking, where has the president been? why did it take so long? why desend out jay carney this week and on the sunday shows last week? it was his chief of staff. so, remember, president obama says he was going to change washington and has admitted that he hasn't changed washington, but he didn't change this part of washington. the v.a. been a problem under president bush? of course, there have been decades of government audit showing problems at the v.a. the president hasn't fixed the problem. i'm very surprised that shinseki is still here especially because this is going to be asked at every congressional debate that we have in these races. house and senate. these democrats can be put on the spot. do you think that shinseki should go? and that's why i think over the next couple of weeks he is not going to last. he runs interference for the president, doesn't he? >> to some extent, yes. he has the military brass in his corner saying that shinseki is not the problem. i think firing a few people even his high level folks like shinseki is letting the president and the congress off the hook too easily. that is not going to solve the problem. the v.a. needs fundamen