sergeant bowe bergdahl could face a maximum punishment of life behind bars. u.s. military officials and multiple jag officers could not tell us why berg doll would not face a maximum death penalty for those alleged ucmj breaches. one army retired general with knowledge it can only be sought in time of war and technically u.s. did not declare war on afghanistan. there will be a preliminary hearing, like a grand jury the judge has the ability to send the case to a general court martial, a special court martial, or dismiss the charges all together. sergeant bergdahl could also face a dismawrnl discharge and forfeiture of pay. remember before these charges were brought, today there was a 1200 page army investigation into why bergdahl left his base in 20099. at least three of the five taliban leaders released from guantanamo bay in exchange for bergdahl have tried to plug back into their old terror network, according to a u.s. official familiar with the intelligence. bergdahl's case must make its way through a military court there are still a range of outcomes possible along the way. bergdahl's lawyer eugene fiddle who refuses to speak to fox news has told fox news he has not decided how his client will plead, greta >> have there been any statements from the bergdahl family or even from his lawyer. >> not from the family but we understand from other media reports that bergdahl has released a two owe page letter in which he describes being beaten. he describes how he tried to escape 12 times. that he escaped in one case for nine days. and then when he was recapture ited, he was chained to a bed face down. he had sores on his arms. it is clearly an attempt by the defense to try and portray him as a victim in this and designed to court public opinion on behalf of eugene phi del's client. again, we have not been able to obtain the letter because it was released by his lawyer and his lawyer does not talk to fox. >> his lawyer complained to me once how we don't tell the whole story he is only releasing some things to some networks. go figure. many members are furious at bowe bergdahl. he never consulted them before he swapped him for 5 taliban. he said he would not leave a prisoner of war behind. adam constituency egger joins kinzinger jones us. everyone is talking about the desert iser, the misbehavior enemy is more serious. >> basically saying is he putting people's lives at risk. we know, in fact that that happened. not only by the way did the president not just consult us. he was obligated by law to notify us of this and he didn't do that either this charge is very just, very deserved. at the end of the day the bigger picture is. this we traded five among the worst enemies the united states and afghan people. we had the afghan president here today talking about his country and the need to so he lid phi that and secure it we traded the five biggest enemies of afghanistan and the united states for somebody that was a deserter. and i you hope we learn a lesson from this, which is we can't negotiate again with terrorists. >> but, there is the thought we don't leave anyone behind. even deserters or anyone else behind. i mean, i take it that -- let's assume that he had a court martial. leps assume he has been found guilty and deserter and all those things. would we still have left him behind. >> i went through air force survival training that's one of the first things they tell you your country will never leave you behind. it's a two-way street. your country will not leave you behind but you can never leave your country behind either. a lot of people probably in bowe bergdahl's unit want'ed to leave base and go out and explore. at the end of the day they knew they had a bigger obligation. the trial will take care of the justice for him. but at the end of the day, look, if he had had sent a special forces team in to rescue him or something like that, that's one thing. but tragdz five of among the biggest enemies of the united states and by the way we are getting reports that at least three of them are starting their kind of preconfinement activities again. >> you know the thing that bothers me -- one of the things that bothers me about the five that were released they were to be monitored by qatar for a year. the thing is they weren't being released being quote, transferred. that was the biggest. i will tell you that was pulling a fast one on the american people. because, i mean, they are going to be totally free in may. at the end of may. they can do whatever they want. i believe they can now. at the can walk out of qatar. they are not going back as people in gitmo. they are going back as spiritual leaders to the whole resistance of the united states to the afghan government. they were in guantanamo bay. i was in guantanamo bay a few months ago. and the president is so eager to shut that place down. and that's what he did with this trade. he got rid are of five people in guantanamo bay. and he also was having really bad press with the rise of isis and everything. he thought that getting this soldier back would cause the american people to forget about everything else in the world and praise him on his foreign policy and it's really back fired. >> there has been some -- it's not just republicans who are angry that he didn't notify congress according to the law. >> yeah. it's the law. at the end of the day congress has a role it to play. i get he is the commander and chief. he has a lot of leverage. when we put into law that ultimately is signed by the executive branch that he has to notify us. he has to come to correct me if i am -- congress. he us being offended by what happened to congress but on behalf of the american people who put us there to defend what they want. >> why did he fail to notify you? >> i think because -- well, he knew we would say. no they brought this up before congress has said no before. and i think he knew if he notified us the deal would probably be scuttled. and he didn't want to have to deal with that he was having a lot of bad press. at the end of the day he didn't want that bad press anymore. >> congressman, nice to he see you sir. >> thanks. >> sergeant bergdahl is now charged with desertion and misbehavior before the enemy. less than one year ago when president obama celebrated the release with his parents at the white house. national security advisor susan rice saying this about bergdahl. >> the point is that he is back. he is going to be safely reunited with his family. he served the united states with honor and distinction. >> and now bergdahl facing prison if convicted and joining us our political panel, "the washington examiner" susan father rich choo and "weekly standard" john mccormick. he served with honor and distinction. hasn't had trial. she goes on sunday morning shows and does herself no service. >> why she lied. right now we know he did not serve with honor and distinction. that was a slap in the face with all men and women who have served this country with honor and diswings. what they didn't expect is all these fellow soldiers that served with bergdahl. they came out and said hey, this guy disserted. we had a number of soldiers die looking for him. i thought they thought they were just going to say this was a great victory. we can all celebrate sending him back home and didn't expect that these guys would speak out and tell the truth. >> it's perplexing because i don't understand how they could ever think that the truth wouldn't come out about how bergdahl ended up in the hands of these people. but i also think to go back to what representative densinger said which is this stems back to the president's really strong desire to close guantanamo bay. this was a campaign pledge. he made it twice. and it was very important to him. he saw this as an opportunity to get rid of some of the worst cakes in guantanamo bay. and to make it look as though he is doing it in exchange for someone who served with honor and distinction. it was part of a narrative that i think the white house really felt they had to cling to in order to help get rid of some of these prisoners and close the prison eventually. >> it's deceitful. i mean, if you are going out there on a show and saying you are going to serve with honor and distinction. look, i don't know what the trial is going to do. you don't go out and say that not when you probably know the facts. certainly a national security advisor i should think you would know a lot more information. and so what are you trying to do? just lie to the american people? deceive the american people? i mean, she went out with that stupid video story before benghazi. how many more times are we going to have her represent all of us, the american people? >> yeah. >> i think they were hoping to smear anyone who opposed. >> hoping. they must think we are as dumb as gruber does. >> served with honor and distinction. they want to cover up the fact that as a congressman just said these are five of the very worst. they had ties to pre-9/11 al qaeda. they were commanding entire regions. you know providing helping with intelligence gathering activities for al qaeda prior to 9/11. these are some the worst guys. does anyone expect that when they go back to the battlefield they aren't going to kill more americans. 10000 troops in there. the war is not over. how many innocent civilians are going to be killed. >> as i know for me it's like i'm not even asking for transparency. i just want you to stop lying about it. >> now bergdahl has been charged. the narrative that they presented to us has back fired. and the public can see the difference between what susan rice and what the president was pedaling in the rose garden to what the actual facts are that's going to serve to be a real black eye to the president. >> democrats feel what about this. >> a lot of democrats are angry about it. particularly over the issue of not consulting congress first. they called the speaker's office after the fact to let them know hey we've done. this and they admitted, on the phone to the speaker's office, that they know they did this in violation of the rule. that's an insult to everybody in congress. >> that's another thing. the law just doesn't matter to them in this instance. you know, the law require was them to notify congress and president obama did not, why not? >> because he just wanted to do it it he wanted to get through. he didn't want to have any checks and balances. a lot 6 democrats are going to be elm bare -- embarrassed by that. hillary clinton says it doesn't matter. that's on the wrong side of american voters. trading high level terrorists i might not do it for congressional of honor winner but not someone though abandoned his fellow soldiers. >> reason obama can not work with the white house right now. that's one of the main factors. they have made this exchange without consulting congress. it's one of the things the president does outside the bounds of his constitutional authority. it's contributed to this whole atmosphere of not being able to work together. >> you might want to stick around for my off-the-record comment tonight. that's a great tease for it anyway, panel, thank you. >> this is a fox news alert. three americans on that doomed jet that crashed into the french alps. 150 people were killed when the german wings ayer bus a 320 inexplicably dissended for 8 minutes and then crashed. looking for the black boxes for answers. catherine field joins us live from france. catherine, have they told anyone or announced what's on those black boxes, at least the one that they have recovered the voice recorder? >> yes, indeed. a couple of hours ago a debriefing at the paris headquarters of the air crash investigators. they said that they have been able to get an audio recording off that they said that they can hear sounds. they can hear alarms. they can hear voices. that was all they told us, greta. there were a lot of questions, what sort of alarms. what sort of voices. basically cannot tell you anymore. it will be a couple of days that they have actually been able to listen carefully to the whole tape it could be months before they even get that together with other evidence and present it in a report to the public. >> are they saying they can't tell us about the voices because they won't tell us about the voices what was said or is that it is inaudible and they have to do more correction to try to make it understandable? >> well, they say they can hear some of that that they weren't prepared to tell us what it was they heard. they say that they also need other bits of evidence about the plane. so it all fits into place. what they really are hoping of course, is that they get the flight data recorder which will give them more information about the plane. but certainly greta, you know -- i don't know if you have been to any of these types of briefings but at these early stages in these investigations you get called in for briefing and they really don't tell you much at all. it was really quite a bit of a miracle that they said that they heard voices on the tape. >> catherine did they say though, having listened to the audiotapes, which they won't tell us about the content for whatever reason did they say that they conclude that it was not terrorism in that cockpit or are they violent on that issue? >> no. what everyone is saying is that terrorism is not the main avenue, but that there are many themes and no theme has been discounted. what they are saying is that this was a long steep dissent. they said it was steady enough for them to believe that the plane was still actually being flown. what they also said was that it was in control by the pilot. but he found it difficult to understand why a pilot would send an aircraft into a mountain. so they are not ruling out terrorism, but they are not ruling it in at this stage. >> catherine, thank you very much. >> thank you. >> and today as families absolutely devastated including one american family. french investigators saying right now they do not have the slightest explanation for this crash as catherine said. of course, they are hoping to find those clues in the black box of the a 320. very common plane. many u.s. airlines fly them. right now at least 464 air bus air a 320s are being operated by u.s. carriers. pilot leon grey flies air bus 320. he joins us. good evening, leon. >> good evening greta. >> possible explanations. one is terrorism. i will get to that second is it was somehow decompression and people lost consciousness. is that the other choice, main choice. >> i heard that theory myself. i think it's too early to speculate on what could have caused it. but once we hear the cockpit voice recorder and the flight data recorder. i think wee will have a much better handle on the moments leading up to the incident. >> okay. a 320. you heard catherine say that there are alarms going off. what kind of alarms go off in a cockpit? >> anything from a small malfunction to a major malfunction will trigger an alarm. and once investigators actually listen to the cockpit voice recorder they will be able to tell pretty well what the specific alarm was. >> all right. if an a 320 decompresses or any plane decompresses, i take it then people lose consciousness at that point unless you put on an oxygen mask. does that necessarily mean though that when your auto pilot still be intact and when the plane continued to fly until it ran out of fuel unless there was some other structural problem? >> well greta, there are different types of decompression. they can happen all of a sudden or slowly. the oxygen masks are readily available to the pilots. once again, until we actually know how the aircraft was being controlled at the final moments, i think it's a little too early to speculate as to what the pilots were doing right before the accident. >> i'm not talking about these pilots, but just in general, if a plane decompresses it doesn't mean the plane can't continue to fly, right? if that's the only sole problem. >> no, that's absolutely correct there have been accidents and incidents before where aircraft flew for long periods of time after they had suffered decompression. >> all right. in an a 320 a lot of redundancies, if one thing goes wrong there are many things to back it up on many parts of the plane. >> absolutely. one the safest aircraft platform in existence today. it has multiple systems that all back each other up. and for something to go wrong, it would have to be what we call multiple failures of redub can't systems which is highly unlikely. as your guest said before, it's an aircraft that is in service all over the world with an excellent safety record. >> all right. what kind of thing can go wrong an a 320 that it would have dissent. that's a steep dissent. that's not like a stall where you basically fall out of the sky? >> yeah, i think stall is out of the question. but, again, i can't really speculate as to what happened in this case. but, there are just too many different possibilities to speculate about what could have caused this incident. >> all right. but if you take 8 minutes to go down 32,000 feet, if you are a passenger in the back of the plane you are going to notice that it's going down, right? you can feel the plane going down? >> i believe that's correct. >> is there -- i mean, have you ever taken -- have you ever as a pilot taken an a 320 down that steep, for instance, 32,000 feet in 8 minutes? is that uncommon? >> i personally have not. however, it's certainly possible, and it's possible to do safely. i'm not sure -- i haven't seen the flight data recorder which will tell us exactly what the dissent rate was. once again i think it's a little too early to speculate. once you see that flight data recorder that will tell you a lot more of what you like to know he. >> i hear people say that a 320 is like a computer with wings. would you share that description or not? >> i have heard that description as well. that computer is there primarily for safety. it also increases fuel efficiency passenger comfort. but it is a very automated aircraft. it can also be controlled just the same by the pilots. but those computer systems are redundant and exist primarily for incredible amount of safety. >> leon, thank you very much. >> thank you. >> and straight ahead, just moments ago president obama touting yemen as a success. but look at it now. disintegrations. complete chaos in the streets. that means danger for us. senator rubio goes "on the record" next. plus a very bizarre mystery unveelg. a physical therapist reported kidnapped for ransom. suddenly she turns up. where was she? the female announcer: sunday's your last chance to save big during sleep train's triple choice sale. for a limited time you can choose up to 48 months interest-free financing on a huge selection of tempur-pedic models. or choose to save hundreds on simmons beautyrest mattress sets. you can even choose $300 in free gifts with sleep train's most popular stearns & foster mattresses. the triple choice sale ends sunday at sleep train. ♪ sleep train ♪ your ticket to a better night's sleep ♪ chaos in yemen. first special forces forced to evacuate and now the president fleeing the country as rebels advance through that nation. senator marco rubio joins us. good evening sir. >> good evening greta. >> senator, last september president obama was positive will yemen. now disintegrating and the state department saying we are quote having a temporary departure from that country unless temporary means decades, i don't know what to make of this. >> well, first of all, this is about iran. again, the source of instability in the region and many parts of the world. shees are shia militias and rebels making advances there. they are protected and supported by iran. part of their strategy to become the dominant regional power. it's part of incircling saudi arabia. sunni country. you see their presence in yemen. they basically invaded iraq. obviously their influence they have in lebanon. they control assad in syria. so slowly but surely they are carrying out their master plan of regional dominance and yemen is the latest piece of that puzzle. get get. >> is there anything looking at this map and as the country dissent greats and influence of iraq fighting isis. is there anything positive that we can hang our hat on? is anything good going on in our nation's interest? >> as regards to yemen? >> yemen, iraq syria, tell me where are we winning? >> first of all in yemen we have now lost an important base of operation against al qaeda in the the arabians peninsula which is probably the most dangerous offchute of al qaeda. yemen basically becoming the premier operational space for isis and other radicals to operate one. in iraq to the extent isis being pushed back shia militias controlled by iran. basically invaded the country and every single day that goes by they have more and more influence. more reports how the shia militia on the ground in iraq pose a threat to american servicemen and women both there and in the region. so -- and then, of course meanwhile, while iran is carrying out this master plan of regional dominance, we're at the negotiating table with them and i continue to believe that much of our strategy in the region at this point is being driven by a desire not to offend them so they don't get up and walk away from the negotiating table. >> well, what happened? president obama said at the 2012 democratic convention that al qaeda is on the path to defeat and then we got them saying we keep slapping him in the face with thun this one in january of 2014 that isis was jay vee. six months ago he says that yemen is essentially a success story. and now we look at this map and we just, you know, there is just nothing there that looks good for us. what happened? >> well, i think he has a history now of ms. calculation and misjudgment and quite frankly of just refusing to accept the facts of what's happening. always more interested in the domestic political spin and getting credit domestically than getting the truth at it. time and time again we have seen them fail as a result of that they have been so wrong so often about the through r. true threat of isis and yemen as counter terrorism excellence. how can we trust that they are going too do for example a deal for iran that is going to make sense for the world and keep us safer? this is an administration that has a history of being wrong and they are going to be wrong again when it comes onto iran. >> you have got the situation of prime minister netanyahu who certainly he and president obama have a lousy relationship. and it's not going to get any better any sooner. how does that fit into this calculus? >> it's interesting. yesterday the president said it wasn't personal, but i think it is personal. here is the evidence. his entire political apparatus it. significant number of people key to political machinery were on the ground in israel supporting b 15 outside group in there getting involved to try to oust netanyahu. they were involved from doing analytics to mobilizing voters on the ground to polling to advertising. this is unprecedented. that an american president would send his political operatives to another country to oust a foreign leader that he doesn't get along with and then he says it's not personal it is personal. it's absurd and quite frankly it's dangerous. it puts in danger a very important strategic relationship to the united states not to mention a nation that's been a strong american ally. >> what do you make of senator ted cruz jumping in first? >> well he will be a very strong candidate as i said. you can see in the past he has made a lot of people excited about the things he stands for. we are blessed as a party. of really good candidates. the democrats are struggling to come up with even one. i think our country will be better for it at the end. >> your decision, yes, no, comes when? >> you know, soon. as i said, we are getting closer to that date and we understand that if i decide to run for president it's going to take time and energy to do it. so we will make an announcement here fairly soon. >> one last question soon, how do you you define soon? i have heard soon from other candidates. they say soon to me, is soon like weeks? days? months? what is soon? can you define it for me? >> probably not months. but certainly multiple weeks. and that's important like soon means when we are ready to make the decision. there is a lot that goes into something like that and a lot this to announcing whatever direction we go. something i'm increasingly excited about and look forward to sharing with you and others soon. >> i may run to the dictionary and look up soon. i get different definitions from everybody. thank you sir. >> thank you. and straight ahead, if iran gets nuclear weapons it, will change the world forever. and in a very catastrophic way. do you think president obama should tell you what's in any deal before he signs it? former governor john sununu here to talk about that next. plus with today's bigberg call's news what if anything is obama doing about former agent bob levinson he has been missing in iran 8 years. bob listen son's wife ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ great rates for great rides. geico motorcycle see how much you could save. majority of democrats sent the in the a letter reminding him again that the constitution says congress is a part of this process. and with the sanction relationship that is in place, congressments the president to know they are part of it. so, it's one thing for the president to say we may not be making it public, but at least talk to your partners in having to ratify it as to what is going on. is he making a serious mistake. >> he doesn't think it's ratifying it timing bad for him. same day at least now the same time that the sergeant bergdahl hearing charges. that too is a time when the president decided he wasn't going to tell congress. he just didn't. at the just did it himself. now he has got -- he is pushing that right back in the face of congress. >> look, i i think the fact that you tie this a little bit to what he did on bergdahl is a good point. for the president, this is all about him. he wants a legacy. he wants a legacy agreement. it's about him. with bergdahl it was about him. he wanted credit for having gone in and brought an american prisoner out in the season just before the 2014 elections. it seems that everything in foreign policy is about him. starting with business berlin speech starting with his speech to cairo. starting with the way he wanted to establish -- reestablish relationships with russia. it's all about him. and he doesn't take into account what the constitutional requirements of the office are and, frankly, he doesn't really take into account whether it's good or bad for the world or the country. >> well if he is going to take it all about him. what about yemen, last fall he said that yemen was a good example for our counter terrorism. it was a success. is he going to take credit for the disintegrations right now in the united states has fled it. fled yemen. our military our embassy and the president, i mean the place is dissending into absolute chaos. >> it's a perfect example of what happens when you put your personal legacy ahead of what really is good policy. and i think you are going to see all of these cards, these obama cards falling one by one in the last two years of his presidency. >> also the news tonight that the u.s. is going to start bombing or has started bombing tikrit which means we are now, the cliption has been called in by iraq to go after isis. but the problem is that iraq is fighting -- is being spearheaded by iran. so now we have partnered up with iran, it appears. >> the president doesn't understand that sometimes the enemy of your enemy is still your own enemy. and i think he has gotten into bed with a dangerous, dangerous situation with iran. the middle east, the arab countries and the middle east are worried about iran now. if iran becomes a nuclear iran which he is going to let them be after 10 years, they are going to be scared to death. you cannot have a policy which strengthens the enemy. and i think iran is still an enemy. >> governor, nice to see you, sir. >> thank you good to see you. >> as the u.s. tries to deal with iran president obama demanding outside the nuclear weapons program deal that iran released detained americans and help former fbi agent robert listenson. he disappeared from the i'll land of kish in 2007. christine, nice to see you. every time you appear on this show i keep thinking next time it's going to be very different that we are going to be celebrating. all these years later you your husband is still missing. >> yes. unfortunately it's now been 8 years. we just passed the anniversary on march 9th. and on march 10th it was also his 67th birthday. >> so it's very disappointing that he is not home yet. >> all right. you had a proof of life back about a year and a half ago, is that right that your husband is alive? >> it was in 2010 that we received a video of him in captivity. and then in april of 2011, we received still pictures of him. so it's been a while. >> at the time that he went to iran, was he working for the u.s. government? >> yes, he was. he was a subcontractor. >> all right. and is the u.s. government doing anything -- is the state department under secretary kerry doing anything different than the state department under secretary clinton to try to get him back or even staying in communication with you? >> well, i always have communication with the united states government. the fbi has just increased the reward they were offering from $1 million to $5 million for any information on bob that would lead to his safe return home. i'm hoping that whoever is holding him, because we never found out what we needed to do, to get him home, will now tell us what we need to do to get him home. >> do you -- is u.s. government in any way linking your husband -- getting your husband back with this deal or are they keeping this secret? this deal that they are working out with the nuclear weapons program? >> i don't know exactly what they are doing to get bob home. i'm not a government employee so i have no idea exactly what they are doing. >> i guess i want to know are you being hung out to dry or do you feel the government is trying to do something? we don't like to leave our people behind. >> i believe that the government is doing something. they have promised that they will do everything they can to get bob home. and as i mentioned earlier, the fbi has increased the reward to $5 million. so, i believe that certainly is an incentive to get answers. >> is iran denying that they are holding him? >> i haven't heard anything that indicate that they have said they have. they have always said they were investigating and that they have no answer on where bob is. >> so when you get the proof of life, do you know who you are getting these from? >> no. how do they come? they just show up, right? >> they show up as email. >> you know, i know some americans watching out there, we have been doing this for so many years, you and i have. i can't each imagine what it's like for you and your family. i hope next time and i hope it's soon that finally your husband comes soon because enough. >> thank you. >> and christine, thank you for joining us. this is a fox news alert. saudi arabia announcing it's launching military operations in yemen. a coalition of 10 countries will be involved. saudi officials confirming yemen's president fled today in a boat. we will bring you more information as we get it straight ahead. attorney general nominee loretta lynch still has not had her full senate vote. why? some democrats but not attorney general eric holder say it is racism. joe trippi is here. that's next. ♪ at mfs, we believe in the power of active management. every day, our teams collaborate around the world to actively uncover, discuss and debate investment opportunities. which leads to better decisions for our clients. it's a uniquely collaborative approach you won't find anywhere else. put our global active management expertise to work for you. mfs. there is no expertise without collaboration. janet? cough if you can hear me. don't even think about it. i took mucinex dm for my phlegmy cough. yeah...but what about mike? (cough!) it works on his cough too. mucinex dm relieves wet and dry coughs for 12 hours. let's end this. this is a fox news alert. new information on the french alps plane crash. the "new york times" reporting one pilot left the cockpit before the crash of the german wings air bus and the pilot was unable to return. grn catherine field joins us from france. catherine that's rather stunning news now we have one pilot in the cockpit alone. >> yes, it is quite stunning. and really just another piece of this very large jigsaw which they are trying to put together here today has gone on, the question has been asked about what was really going on in the cockpit? what were the pilots doing? were they talking to one another? and there has always been the big question mark was why was there no distress signal? when they spoke to the control tower at 9:30 on tuesday. it was completely routine. nothing untoward was said. then there was -- there was always this question. was why there no communication why was there no distress signal. they really the big questions. still out there ready to be answered, greta. >> 8 minutes is a really long time. some voices, or at least that's what you reported being at the press conference. they heard voices, doesn't mean decompression and all unconscious. a situation where the plane -- if you walk away from the controls of the plane computer with wings, that plane would have kept going on the auto pilot until it got to germany, until it ran out of fuel. so something happened up there. why in the world could one pilot not get pa back in the cockpit? who knows what happened. but it certainly is getting more peculiar by the second catherine. >> it is, indeed. and i'm just looking back at my notes from this press briefing we had today, greta. and the head of the investigation here in france was saying that he couldn't understand why a pilot would send an aircraft into a mountain. but he did say, you know, an auto pilot could put it into a mountain because something could have happened up there. just so many more question marks as to what caused this plane that was going at such an enormous speed, you know, it was going at 430 miles per hour they say when it smashed into the side of that mountain. what was going on at first light in the morning they are going to be back on that mountain trying to get that all-important second flight data recorder. >> and it's so weird because it was not dissending like it wasn't a nose dive. it wasn't like something catastrophic like a bomb went off or anything like that. it didn't disintegrate in the sky. disintegrated on impact. very deep dissent. it wasn't a stall that would send it plummeting down. you have this strange situation of one pilot not being able to we have no screaming or conversation or anything right? alarms and voices all we were told by investigators here in paris, greta. >> thank you catherine. those alarms will be indication on these planes if you get too close to a mountain you will have alarms -- the plane is going to send if the terrain comes up too fast. catherine, thank you very much. >> thank you. and straight ahead, mystery deepens a physical therapist reportedly kidnapped and suddenly turns ♪ ♪ ♪ (under loud music) this is the place. ♪ ♪ ♪ their beard salve is made from ♪ ♪ ♪ sustainable tea tree oil and kale... you, my friend, recognize when a trend has reached critical mass. yes, when others focus on one thing you see what's coming next. you see opportunity. that's what a type e does. and so it begins. with e*trade's investing insights center, you can spot trends before they become trendy. e*trade. opportunity is everywhere. !!! !!!! female announcer: through sunday at sleep train, get up to 48 months interest-free financing on tempur-pedic. save hundreds on beautyrest. or choose $300 in free gifts with stearns & foster. the triple choice sale ends sunday at sleep train. big news in the california kidnapping mystery. the boyfriend of a physical therapist telling police she was kidnapped from their home. today the woman was found safe. fox news claudia cowan joins us live from california. claudia, this is unusual, this story. what's going on? >> it's a very bizarre case greta. but the good news is that this morning denise husband constituency was found safe. 420 miles south of here in her hometown of hunting ton beach. she turned up at her mother's house. how she got there and exactly what happened to this woman remains unclear. on monday, her live-in boyfriend told police she had been kidnapped in the middle of the night by intruders who demanded a ransom but he didn't report it until 2:00 that afternoon. police saying the boyfriend is not a suspect but won't shed any light on why he waited so long to call 911. several days of searches turned up nothing, then two big developments. last night the san francisco chronicle got an anonymous email from the alleged kidnapper that included an audio recording. she calmly says her name and mentions the deadly plane crash in the french alps and describes the first concert she had been to. her father got a message from his daughter on his cell phone in which she said she was okay and in huntington beach. her father called law enforcement and in short order denise was found in good condition and now with relatives at undisclosed location. vallejo police say they are still treating this case as a kidnap for ransom but won't say whether a ransom demand was made or paid. no one has been arrested. no suspects named. greta, this story is not over yet. vallejo detectives are now on their way down to huntington beach interview denise huskins face to face perhaps this evening try to get to the bottom of what happened to her this week. >> claudia, thank you. now another murder mystery. washington, d.c. lawyer found murdered in luxury hotel. today for the first time police saying a personinterest captured by hotel cameras is a woman. asking for help to identify that woman. griff jenkins reports. >> the world has lost a good person. >> february 10th 2015 prominent d.c. lawyer david messer schmidt mysteriously murdered in luxury hotel room. today his wife making emotional plea to anyone who might hold the clues that could close the case. >> i'm here because i need people to know about david. >> minutes before his murder, messersmith texas his wife telling her he will be home in an hour. he never makes it home. just hours later, his wife reporting him missing to it police. >> david's family, a son and brother, and i have lost everything. >> just days after the young lawyer's murder, "on the record" took you to the scene, into the hotel all the way to the room where messersmith's body was found. but more than a month later, still no answers. >> in one day, i lost the most important person in my life and the man i loved so much. and i have no answers. >> 7:44 p.m. just 10 minutes after messersmith texts his wife surveillance cameras captures in chilling detail this person of interest. and more surveillance cameras catching the person covered from head to toe heading to the floor where messersmith was murdered. >> there are people out there who could bring justice to david and me. >> and today, d.c. police still holding out, hoping they can crack the case. >> the case has not gone cold. >> but in the 43 days since messersubmit's brutal murder, still no word on who this person is. >> if anyone has any information as to who that person is give our mpd a call. >> detectives are asking anyone who has any information on this case to call police. and straight ahead. more breaking news. the "new york times" reporting the pilot of a 320 crashed in the french apps left the cockpit and was unable to return. more on that breaking news story nenenenenene let me talk to you about retirement. a 401(k) is the most sound way to go. let's talk asset allocation. sure. you seem knowledgeable professional. would you trust me as your financial advisor? 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[ dance music plays ] [laughs] no way! i have no financial experience at all. that really is you? if they're not a cfp pro you just don't know. find a certified financial planner professional who's thoroughly vetted at letsmakeaplan.org. cfp -- work with the highest standard. this is a fox news alert. one of the pilots of the passenger jet that crashed in the french french alps left. "new york times" investigator from the cockpit investigator. the investigator telling the "times," quote the guy outside is knocking lightly on the door and there is no answer. and then he hits the door stronger and no answer. there is never an answer. investigators saying can you hear he is trying to smash the door down. so far no word on why the pilot would have left the cockpit. we'll continue to update you on the breaking news. thank you for being with us. we will see you all again tomorrow night right here at 7:00 p.m. eastern. if you you can't watch live set your dvr and watch. go to gretawire, there is a bergdahl poll i want you to vote on. previously on "red eye." >> hello, everyone. i'm kennedy. >> i am one of the baggage guys. >> the kid is a huge tool. >> i have zero sympathy for this dude. >> there is one joe biden. >> this is outrageous. >> i tried. >> that man is begging for a blue latex glove. >> mum's the word. >> obviously you are not a threat to anything but the sanity of everyone around you. >> and now the thrilling conclusion. >> that's all we have time for. good night. it is a new way to start the show. welcome to "red eye." i'm mike baker and let's welcome our guests. it