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Probable cause exists that confinement is required by the circumstances. does that go back to claiming he was a flight risk? >> they were claiming this man who was married with 3 children who lives in north carolina was a flight risk, absolutely ridiculous. here is a man who spent 17 years of his life, multiple deployments as an infantry officer, has taught young marines. every command, whether senior officers, his colleagues or peers or subordinates have always rated him as top-notch who had the guts to say what he said and let's not forget he didn't shirk, he didn't say i didn't means that, ...

Why he went to the brig in the first place. he spoke out as you saw and he said many service members both former like myself and current believed which is the withdrawal from afghanistan was completely botched and no one took accountability. you have the general staff, the highbrow was basically trying to pass the buck and so he spoke out. he offered to resign as you know and refused to let him resign honorably even though he spent 17 years of his life in the marine corps, a marine corps infantry officer. here's a guy now that has lost his command, his job, his health care and his pension. we ...

>> he still has not been told what he's charged with. is that possibly correct? >> there have been accusations bandied about but as far as formal charges we will see when we have a hearing but -- >> the answer is no, he has not been formally charged. >> that is correct. that is where it is. >> what is his state of mind tonight? >> he is very happy to be back with his family. when i spoke to him this afternoon, he was in the brig in a safe place not with his family but many military families have a lot worse than him, including the 13 families who suffered on that fateful day in afghanistan so ...

He asked for accountability. he spoke his truth and they couldn't handle it. laura: that was one week ago tonight when we last spoke to the parents of stuart scheller who was tossed in the brig for demanding accountability for failed military leaders. we are happy to report he has been released after the show's focus on this story. he is no longer in solitary confinement. joining the use tony busby, attorney for colonel scheller. where does the case stand now? >> he is with his family, he faces a court-martial, that might happen as early as next friday. we are not sure and we will have to have...

Their ridiculously inept withdrawal from afghanistan is now out of the brig. out of solitary confinement. he is not in the clear yet. is he still muzzled. ainsley: plus, facebook whistleblower delivers blistering testimony on capitol hill. >> the company's leadership knows how to make facebook and instagram i have aer but won't make the necessary changes because they have put astronomical profits before people. ainsley: the defiant response from mark zuckerberg coming up. ♪ ♪ strength gel for powerful arthritis pain relief... voltaren the joy of movement