they want the nfl to compensate them for what they say are lifelong injuries. now they have one of the game's greatest players ever helping to lead the fight. >> reporter: hall of fame quarterback dan marino is now suing the nfl. former miami dolphin joining 14 other players in lawsuit taking on the league claiming the nfl knew about the long-term dangers of concussions and purposely misled players about the risk. the complaint didn't specify marino's or his condition but did say he suffers symptoms of brain injury caused by the representative, traumatic, subcon cussive or con cussive head impacts sustained during nfl games and/or practices. more than 4500 other other players with currently suing the nfl as part of a class action but the hall of famer is one of the most prominent names. about two weeks ago another lawsuit was filed claiming players were given pain killers and narcotics by team doctors and trainers. some not medically licensed. to keep them playing even while hurt. the players in the suit say those drugs did long-term damage to their health. >> nobody ever in my entire life ever spoke about the issues i'm going to have with my kidneys. >> reporter: in a separate case the judge rejected a proposed $765 million settlement for in fact saying she didn't believe there was enough money to kefr up to 20,000 retired players. all of this just as the issue has gone all of the way to the top. president obama last week calling together a concussion summit and proposing $30 million in funding for concussion-related research. >> concussions are not just a football issue. they don't just affect grown men who choose to accept some risk to play a game that they love and that they excel at. >> so the ball is now back in the nfl's court. they hoped the settlement was going to be the end of the litigation but now it looks like they might be back to square one. >> andy, thank you for starting us off this morning. we're going to follow troubling new questions this morning about the controversial release of sergeant bowe bergdahl. later this hour president obama will be speaking in poland. this is a live look at the podiums where he will be joined the polish president. he very likely will face tough questions about the prisoner swap that freed bergdahl and whether it broke the law. also this morning bergdahl continues to recover from startling charges coming from fellow soldiers that he left his post and triggered a search that may have cost american lives. but hillary clinton is now entering the fray. >> we do have a tradition. and is a subscribe to it. it's a tradition that i think is not only one embedded in our military but in our country, and that is we try not to leave any of our soldiers on the field. >> all right. let's get over to barbara starr live at the pentagon for us this morning with the latest. what are you hearing right now, barbara? >> good morning, kate. you know, hero or deserter, everybody seems to have a name to attach to bowe bergdahl right now but the pentagon says until they hear the facts from him, they do not know exactly what happened. within hours of army sergeant bowe bergdahl's release social media lit up. a facebook page saying, bowe bergdahl is not a hero, but a desse desiter who left his post. josh served with him. >> as soon as he is able and as soon as he is fit i do believe that he needs to be questioned and basically tried, if necessary. any of us would have died for him while he was with us. and then for him to just leave us like that, it was a very dig betrayal. >> reporter: family and friends of fellow troops saying that these soldiers were killed in attacks searching for bergdahl. but the administration's position, the u.s. had a solemn obligation to search for and rescue him. >> let me be clear. the united states of america does not leave our men and women in uniform behind. ever. >> reporter: one reason, u.s. officials tell cnn there was classified intelligence indicating bergdahl's health is failing. but now that he is back, officials say they need to hear directly from him, did he deliberately leave his post and why. some of the confusion? an initial incident report says bergdahl was not on guard duty as some suggests at the time of his disappearance in 2009. a classified cable released by wikileaks detailing taliban radio intercepts saying they grabbed an american at a makeshift latrine. may be bergdahl's state of mind. >> as soon as we gone afghanistan and things started to turn a little bit harder for all of us, he immediately started separating himself away from us and everyone in the platoon started gravitating more towards the afghan soldiers. >> reporter: but pentagon officials say if bergdahl was troubled did his teammates report it? and of course an initial investigation conducted five areas yeah go when this all started could not be completed because bergdahl couldn't tell his side of the story. . now they say here at the pentagon they want to hear from him. kate? >> right, barbara. thank you pnc. president obama is in poland this morning. we're expecting he could be asked about bergdahl's release when there is a brief press conference they will be holding. let's bring in senior white house correspondent jim acosta traveling with the president. obviously the president's quick european trip has many other focuses but this has followed him on this trip. >> reporter: absolutely, kate. i just talked to a senior administration official in the last several minutes who said the president now expects to be asked this question about bowe bergdahl's release, the legality of it, whether or not it was really worth the price of exchanging this p.o.w.'s release for the five taliban fighters who were freed from the u.s. attention center in guantanamo and what the senior administration official said, kate, is that the president wants to own this. he fully believes this is the right thing to do in the words of this administration official, the white house had a small window of opportunity. they had a proof of life and they took this opportunity to free bowe bergdahl and they really are no questions about it at this point according to this administration official. the white house from the top down was pretty much a unified front when it came to this question. now they do know that because this is quite controversial back in washington, you not only have republican critics but also some democrats on capitol hill saying that the white house should notify members of congress, key members of congress about this deal that was in the works. they do know that this is going to overshadow at least the first part of this three-nation trip for the president. he's here in poland to talk about eastern european security and reassuring nato partners he's going to be announcing a $1 billion fund to increase military exercise in this region to counter the russian flet after the invasion of ukraine. so some of that is going to be overshadowed but according to the senior administration official this president wants to have a debate about closing the u.s. detention center in aga guantanamo and that he wants to end this war in afghanistan. and as this administration official was saying, chris, if they're going to close the prison at guantanamo, they might as well get something out of that process. and if that includes freeing a p.o.w. then that's exactly the course of action they're going to take, chris. >> new line of analysis. let us know when the president is taking questions and we will get those answers live hopefully about him being asked about bowe bergdahl. right now let's take the questions that we believe he's going to be asked to unpack them with james "spider" marks, cnn military analyst, former commanding general. general, thank you for joining us. let's punch point these. the first issue is, we're going to release these bad guys but we're going to monitor them. a lot of skepticism about that. have we ever monitored men like this successfully before? >> sure. i mean, that's what our cia does. we run sources all the time and we have operations that are exceptionally well planned, very thoroughly executed. that's the main charter of the central intelligence agency and our intelligence community at large. there is a collection, as you well know, of capabilities that are out there that will come together under the control of the cia so that we can keep an eye on these five taliban leaders as they work their way back into society and their reintegration. that's the story here. we need to take our time in terms of getting too far ahead of the story vis-a-vis bergdahl. but we have a charter and we have a capability to make sure we can stay on top of these five guys in qatar as they move forward. >> the perception is we have a hard time finding guys like this so the implication is if you're going to let some go you will lose track of them. you're saying you have confidence they can be successfully controlled, in essence? >> you know, chris, i have to have confidence that that's what our intelligence community is charged with doing. i mean, this is what they do. that's why they exist. if we can't raise our hands and say, yes, we have to take this on, yes, we can do this, man, we have spent a heck of a lot of money and invested decades in an infrastructure and capability that we have to acknowledge is on life support if we can't do this fundamental task, albeit tough, albeit very, very difficult. but we have the technology and we have the focus and we have the manpower and we certainly have the leadership to get this thing done. i have to be. i've been a part of this and i have to have the confidence this is going to take place. >> all right. so optimism until we have proof to feel otherwise. you said don't get ahead -- >> we need to have that optimism. >> i got you, general. you said don't get ahead of the bergdahl aspect of this story. let me ask you. these are allegations, suggestions without proof about his walking off, possible desertion. even if the ugliest of the allegations were true, would that change your analysis of whether or not this was a good deal, this was the right thing to do? >> chris, not at all. not at all. this is a young american. we can't conflate the two issues here, which is the terms of bergdahl's capture and the terms in the conditional release of these five taliban in thisses exchange. we have to presume -- even if this proves out as you've indicated the worse of the worse and this kid is a deserter and he's the worse young soldier that ever populated the platoon at the lowest levels and abandoned his buddies, he aband abandoned, he left behind his buddies in battle, if all of that is true we have to presume that we need to get him back and get to the bottom of this so the presumption needs to be let's figure that out after we get this young man back. we can't allow to have this occur where he dies in front of us at the hands of our enemies and we have a capability. we have an opening to get this accomplished to bring him back to figure out what went wrong. the bottom line, chris, is that if he is found -- if he is charged, if there's an investigation, there will be, and if he's charge with offenses under ucmj we need to bring him down to path and this is difficult because it is wrapped in an amazing amount of emotion here. we sneneed to bring him to just. >> general, i want to keep you with us. we're going to bring you back because we want to have more of a discussion on this, especially with the implications of this deal going forward now that we hear that cuba is saying, hey, maybe we'll do a deal like this. this is just one of the stories we're covering. a lot of headlines for you so let's get right to michaela. your headlines at this hour. business owner from yemen who has been living e ing iing in u york is facing charges after police say he plotted to kill u.s. military members as vengeance for american actions overseas. officials say he had been charged with -- has been charged with two counts of receiving and possessing an unregistered firearm silencer. the fbi says it has been investigating elfki for over a year. politics taking center stage with primary races being decided in eight states today. voters going to polls in california, south dakota, new mexico, montana, new jersey, alabama and mississippi where long-time senator thad cochran is trying to head off a tea party challenger. tight security incumbent president bashar al-assad widely expected to win another term. tt it is the first multi-candidate election in three years. ten of thousands of people have been killed and millions more displaced. quite a chilling story out of wisconsin. two 12-year-old girls now charged as adults for allegedly luring a friend into a park after a sleepover, then. stabbing her 19 times. investigators say the girls were acting out horror stories from a website. court documents show one of the victim's stab wounds were so close to her heart she was one millimeter away from certain death. she is said to be stable this morning. we'll have much more on this very chilling story in our next hour. all right. weather really playing quite a big role in the midwest today. karen maginnis is in for indra petersons. >> good morning. we are looking at a significant, severe weather outbreak. it doesn't look like much now even though we've had reports of hail across the north central nebraska. by this afternoon perhaps about midday we could see some rotating thunderstorms which could produce tornadoes. there are about 3 million people in this moderate watch area, moderate risk area. a much broader area all across the midwest. what you need is moisture, heat, lift, and rotation. severe flooding has high potential between two and four inches of rainfall expected. essentially along interstate 80. sandwiched between interstate 70 and 90. that runs from omaha to grand island to north platte into des moines, northern sections of missouri. i think kansas city, you could see some thunderstorms, but the higher risk moves along that warm front which is traveling towards the north. area of low pressure is going to cause that spin-up at 3 million people at risk today for tornadoic activity. >> thank you very much. a preeppreciate that. indra petersons is chasing tornadoes. let's take a quick break here on "new day." president obama is about to speak in poland. the question is, what will he say when, if asked, about why this deal was made for bowe bergdahl. and also, the accusations that the president may have broken the law on this deal. did he? we're going to take you live to warsaw as soon as there's word of his speech. also ahead. hall of famer dan marino is suing the nfl. he is saying the league knew about the long-term health effect of concussions and withheld the information. narrator: these are the skater kid: whoa narrator: that got torture tested by teenagers and cried out for help. from the surprised designers. who came to the rescue with a brilliant fix male designer: i love it narrator: which created thousands of new customers for the tennis shoes that got torture tested by teenagers. the internet of everything is changing manufacturing. is your network ready? you know that dream... on my count. the one where you step up and save the day? make it happen. (crowd) oh no... introducing verizon xlte. hey guys, i got it right here! we've doubled our 4g lte bandwidth in cities coast to coast. so take on more. with xlte. for best results, use verizon. 6. welcome back to "new day." breaking overnight, hall of fame quarterback dan marino is suing the league over concussions. he is the most prominent star to challenge the league claiming the nfl knew about a link between concussions and long-term health problems. joining us this morning are hln legal analyst mr. joey action and former nfl ployer coy. i start with you, surprised marino joined this suit and what do you think it means for the perception within and without the league? >> women, i can't say i'm surprised because there are a lot of names on this list, this growing list of prominent player, hall of fame players, pro bowl players. i think what this does is set this into a new category because dan marino is a household name in the sport of football, hall of famer, iconic individual who was never known to be lazy, who would not be known to make a money grab. this guy is changing the game for the players in terms of the perception of what's happening here with this suit. >> joey jackson, i hand you a big bucket of cold water for you to throw on this excitement. he does not claim to have an injury. can he join a lawsuit if he does not claim an injury? >> well, certainly he could. the issue would be whether or not at some point the symptoms manifest themselves, certainly concussions are something that over a long period of time could have a debilitating affect upon people. so i do think, chris, that he has standing to enter it. what the specific injuries are will have to be proven ultimately in a court of law. if that does not occur then of course his claim will be dismissed. >> joey, do you think this settles, $767 million was not enough the judge said because you could have 20,000 players involved. do you think it settles? >> i think it could. the nfl certainly, chris, does not need negative publicity like this. it's a multibillion dollar industry. i think everybody needs to ensure, the nfl certainly, that the players are as safe as they can be. obviously the argument will be is that if you are a player you assume the risk. players know and cory could speak to this being a former play erk it's tough out there. but the question then becomes, yes, it is tough but nfl, if you knew there was a causal relationship should you not at least, chris, put me on notice so i could make an educated choice. >> coy, joey pointed something else that i'm surprised how much we hear when this story comes up with people saying, coy, look at your neck, look at the size of you. you knew what you were getting into. you built your body for this game. you know it is violent. you had to expect these things to happen. and now it's just too late to complain. what's your take? >> well, that neck you speak of has a tight ttanium plate with screws in it. the player, of course they know there are risks as they are with any profession, albeit a much greater risk and more significant injuries that occur in this profession. the problem is unlike other professions if a player doesn't get back out there, when they come back to work, if they've been gone too long they might get fired. they're forced and pressured to get back on that field. and the case here is that they don't know how significant these injuries are. they don't know or didn't know until now what we know now is that chronic traumatic, that protein that forms can be debilitating years after they leave the game. the players just want to make sure they are compensated, have medical treatment. if the time arises where they're not feeling well, they're not feeling healthy, i think that's the main thing we need to realize. the players know the risk but there's that pressure to get back out there and perform. >> what's the however? >> now, that is true. but that is also a personal choice, right? i mean, there's money involved. these are people who are well compensated, right? and as a result of that, you can make the choice. and you have sponsorship deals and other things. you want to perform. but if you know that it's a dangerous sport, obviously that's a decision that you have to make. so the fact that you went out on the field, that's on you. >> joey, i think you're hitting it right on the head. that's thing. we now know. thank goodness we know because of media, the problem that are arising because of head trauma. the players then didn't know. i was one of them. i was rushed back on the field too soon and not knowing how significant these injuries were. we all know now. it should never happen again. these players are just going back and wanted to be compensated should anything develop with their health in the long term. >> i tell you, this is a complicated issue and you guys are laying out why you have the practicalities versus the legalities. i tell you an even tougher issue is what do you do going forward? can you change this game? what do you do with our kids? there are a lot of issues here to unpact. coy, joey, thank you for breaking us break this down. >> thank you, chris. >> appreciate it. >> kate? so let the nba finals fun begin and of course that means all the trash talking that comes with it. the spurs proclaim they are going to get their revenge and dethrone king james but lebron, not surprisingly said, not so fast, andy scholes. what do you know? >> good morning, kate. after taking down the thunder in the western conference finals tim duncan says the spurs wanted the heat in the finals and this time they're going to win it. well, the two-time defending champions heard those comments loud and clear. lebron says the heat are ready for the rematch. >> they don't like us. they don't. i can sense it from his comments over the last couple of days. they wanted this. they wanted us. we will be ready for the challenge. >> nba finals tipoff thursday night with game one in san antonio. our trending or bleacherreport.com this morning is the crazy prices new york fans are paying for the stanley cup final. the rangers of course playing in many for the cup for the first time in 20 years and the cheapest ticket just to get in to madison square garden for game three is around $1,000. meanwhile, for game one and two in l.a. you can get in to watch for around 360 bucks. so, kate, potentially you could actually if you're a new york fan fly all of the way to l.a., buy at this times to the game and get back for the same price you can see it at madison square mard den. the mystique of watching it in new york is something you can't pass. >> he just made both arguments for us. and then you forget the fact that i am neither a fan of either, neither a fan of neither. >> hockey in indianapolis. sorry, kate. >> i know. i had to take on another team. i took on the red wings. i don't know if that was smart or a mistake. >> her husband is from detroit, you know. it makes more sense that way. >> yes, it does. >> how is the baby doing? >> he is doing fabulous. >> all right. >> he was very loud last night. >> that matters more. it will get ugly up in here because we got mick from the west coast and your boy out of queens right here. >> ah. >> the canada/u.s. didn't go so well for me last time. >> double or nothing. >> wagering. thanks, andy. coming up next on "new day," man hunt over after a three-day search a man accused of carrying explosives is finally caught. new details this morning about the demons that he says he may have been battling. we've been telling you the president is in poland. he's about to speak. and we believe he's going to address the controversy surrounding the prisoner swap about freeing sergeant bowe bergdahl. how will he answer those questions? we'll bring it to you live. thit's not the "limit yoursh hard earned cash back" card . it's not the "confused by rotating categories" card. it's the no-category-gaming, no-look-passing, clear-the-lane-i'm- going-up-strong, backboard-breaking, cash back card. this is the quicksilver cash back card from capital one. unlimited 1.5% cash back on every purchase, every single day. i'll ask again... what's in your wallet? honestly, the off-season isn't i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list, which has been absolutely absurd since the big game. with skype, it's just really easy to stay in touch with the kids i work with. alright, russell you are good to go! alright, fellas. alright, russ. back to work! you could be hanging ten. what are you waiting for? seize the summer with up to 40% off hotels from travelocity. welcome back. a nationwide fbi manhunt ended overnight, ryan chalerr chambern was taken into custody and they uncovered a stash of explosives in a raid. his arrest coming just hours after disturbing reports that chamberlain released a bizarre online post. cnn's dan simon is following it for us in san francisco and joining us with the latest. kite a sto quite a story of intrigue. >> the arrest that took place here in a pop play place for tourists and locals alike. why he came here is his motive for allegedly possessing those explosives but there is growing evidence he was only intending to take his own life. >> get up. >> a three-damon hunt over. fugitive ryan chamberlain captured near the golden gate bridge in san francisco. after being spotted in a local bar earlier monday. >> he put up a little bit of resistance it looked like but there were so many officers he didn't really stand a chance. he was going down. i didn't see he was armed with guns or explosives or nothing like that. >> reporter: 42-year-old arrested for allegedly possessing explosive materials in his home. the bomb squad using a robot to search his car before going in. chamberlain, a media consultant b well-known in political circles, even work for then mayoral candidate gavin newsom in 2003. those who worked with the political operative are disbelief. >> flabbergasted. out of character for anything i know about ryan. >> reporter: now a note titled good-bye posted on chamberlain's facebook page may offer an explanation. in it he writes a his lifetime battle with depression, the project sport, a marketing company he says was sold for over $1 million but he saw none of it. and a struggle with relationships, including this passage, i met the one. everything was perfect, then she just stopped. the three-page letter ending simply, thank you i'm sorry, i love you on monday prior to his arrest, chamberlain's alleged latest tweet denies all charges. a panicked update to my letter that should have posted by now, he allegedly wrote, nothing in the reporting is true, no stashes, not armed. >> that is him. >> reporter: a u.s. law enforcement official says investigators can now definitively say the posting was made by chamberlain. >> so was this some kind of suicide attempt or a broader sinister plot? we hope to know more when authorities hold a news conference this morning in san francisco. chris and kate, we'll send it back to you. >> dan, thank you very much. we'll continue to talk about that. amazing story. let's go back over to poland right now. president obama just landed on the ground. he's meeting with the polish president and president obama is making a statement. let's listen in for just a second. >> i'm proposing today as a reminder that every ally needs to carry their share and truly invest in the capabilities of the alliance that are needed for the future. of course president and i focused mostly on the situation in ukraine and perhaps poles know better than most how precious freedom truly is, poland and your president have displayed outstanding leadership in recent months. we agree that further russian provocation will be met with further costs for russia including if necessary additional sanctions. russia has a responsibility to engage constructively with the ukrainian government in kiev to prevent the flow of militants and weapons into eastern ukraine. russia also needs to be using influence with armed separatists to convince them to stop attacking the ukrainian security forces. lay down their arms and enter into the political process. meanwhile the united states and poland will continue to support ukrainians as they embark on political and economic reforms. we're prepared to help facilitate a dialog between the ukraine katrina government and separatist row regions. i look forward to discussing this with president elect tomorrow. finally, president komorowski and i talked to shared prosperity including the trans atlantic trade and investment partnership which would boost trade between the united states and europe including facilitating potential energy, exports from the united states into europe. we agree that there are more steps that can be taken to diversify europe's energy sources. that's important not only for europe's economy but also for its security. and that's a topic that i'll focus on later today when we meet with other central and eastern european presidents. so thank you, mr. president, again, for your partnership and your hospitality. i could not be more grateful to have the opportunity to join tomorrow's celebration ins castle square and a chance to address the polish people. >> all right. you hear the president dand polish president. now they're going to be talking questions. we're going to be listening in. the first questions are normally two and two. we questions from polish press, international press -- polish press as well as the international press. we will be listening in. do we have translations of the question? all right. we'll continue to listen in. the p as you saw right there is going to be meeting with central european leaders later this afternoon. meeting with the polish president today talking about the issues facing europe right now. the crisis in ukraine, russian provocation, and what that means. let's listen back in. >> the polish president is taking a question, so we assume it's not about bergdahl. so let's take a quick break here on "new day." when we come back we will be listening in and discussing the implications of this deal for the american sergeant. stay with us. wondering what that is? that, my friends, is everything. and with the quicksilver card from capital one, you earn unlimited 1.5% cash back on everything you purchase. not just "everything at the hardware store." not "everything, until you hit your cash back limit." quicksilver can earn you unlimited 1.5% cash back on everything you could possibly imagine. say it with me -- everything. one more time, everything! and with that in mind... what's in your wallet? 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[sci-fi tractor beam sound] ...sucked me right in... it's beautiful. gotta admit one thing... ...can't beat the view. ♪ introducing the world's first curved ultra high definition television from samsung. the fact that there's been an election on may 25th and we have now a president elect -- >> loive coverage of the president obama in poland right now addressing the confidence factor of nato allies that the u.s. will be there for them and the need for joint security. what we're waiting for is for the president to discuss the deal to bring home sergeant bowe bergdahl when questions continue. let's listen in for a second. >> he has said that he is interested in pursuing good relations with russia. but what hes has said and he is right to say is that the sovereignty of ukraine should not be sacrificed in that effort and we fully support him in that. and nato's relationship with russia, i think, will be one in which if russia is observing basic international law and principles, there should be cooperation between russia and nato, where russia violates international law and international principle, nato will stand firm in asserting those principles. >> all right. the first question from the american side will come from hickler with the associated press. >> thank you. i wanted to ask you if you have learned more about the circumstances of sergeant bergdahl's capture and whether he could face any punishment given that the pentagon has concluded that he left his unit. also, could you respond to congressional republicans who say that you violated the law by not notifying them 30 days in advance and that the transfer of the taliban prisoners could put americans at risk. did your willingness to, you know, go around that 30-day requirement see a urgency to close again tan no no now that you're sending in afghanistan. president com >> the united states has always had a pretty sacred rule and that is we continue leave our men or women in uniform behind. and that dates back to the earliest days of our revolution. we have consulted with congress for quite some time about the possibility that we might need to execute a prisoner exchange in order to recover sergeant bergdahl. we saw opportunity. we were concerned about sergeant bergdahl's health. we had the cooperation of the a qatarys to xe suit an exchange and we seized that opportunity. and the process was truncated because we wanted to make sure that we did not miss that window. with respect to the circumstances of sergeant bergdahl's capture by the taliban, we obviously have not been interrogating sergeant bergdahl. he is recovering from five years of captivity with the taliban. he is having to undergo a whole battery of tests and he is going to have to undergo a significant transition back into life. he has not even met with his family yet, which indicates, i think, the degree to which we take this transition process seriously, something that we learned from the vietnam era. but let me just make a very simple point here, and that is, regardless of the circumstances, whatever those circumstances may turn out to be, we still get an american soldier back if he's held in captivity, period. full stop. we don't condition that. and that's what every mom and dad who sees a son or daughter sent over into war theater should expect from not just their commander in chief but the united states of america. in terms of potential threats, the release of the taliban who were being held in guantanamo was conditioned on the qataris, keep an eye on them and creating structure in which we can monitor their activities. we will be keeping eyes on them. is there the possibility of some of them trying to return to activities that are detrimental to us? absolutely. that's been true of all the prisoners that were released from agaguantanamo. there is a certain rate that takes place. i wouldn't be doing it if i thought it was contrary to the american national security and we have confidence that we will be in a position to go after them if, in fact, they are engaging in activitieses that threaten our divisioefensedefen. but this is what happens at the end of wars. that was true for george washington. that was true for abraham lincoln. that was true for fdr. that is true for every combat situation, that at some point you make sure that you try to get your folks back. and that's the right thing to do. >> would you clarify should bergdahl face -- >> that's not something that we're discussing at this point because our main priority is making sure that the transition that he is undergoing after five years of captivity is is successful. >> right now the polish president is addressing a question as to whether or not the assurances the president gives are enough. we will get back into that if there's new news to be made. let's bring in cnn politicalen list and editor and chief of the daily beast dr. john avlon and spider marks, military analyst and former commanding general of the u.s. army intelligence. we heard the president say it doesn't matter if he deserted. there is a duty to bring back our own. something else was brought up here that i'd like to get your take on first, general. timing. talk to us about timing, that the war in afghanistan is ending and why that was also relevant here. >> well, the president is unilaterally declare that we will no longer have soldiers and service members in combat in afghanistan and our wars are, quote, winding down. we have not written any declarations. we have no agreements from any enemies that that is, in fact, the case. i'm not being dramatic but what i am stating is that what we have learned about our enemies is that over the course of the last decade in a couple of years is that we are in a constant state of conflict. their efforts and there are opportunities to take advantage of the united states and it's open society sun ending and they will go to any means to achieve that. so i think it's unfair for us to portray this as a winding down and a declaration of end of hostilities. we are in a constant state of war and we have to address it in those ways. it's a bit disingenuous to say the war is over, ergo, we're going to return this guy as quickly as possible. i think the return of bergdahl is the right thing but it's not because of those conditions. >> john, weigh in on how does the timing of the winding down of the u.s. involvement in afghanistan, how does that play in? it seems it has, into the president's decision? he said very clearly this is what happens at the end of -- ends of wars. fdr did it, abraham lincoln did it, this is what happens. >> he made a case of the fact because the war is winding down, troops withdrawing which is clearly a priority of this president and america's longest war that he wasn't going to leave a soldier behind, p.o.w. situation. >> this kind of swap much more likely to unhappen at the height of the involvement. >> absolutely. and this is a president who is determined to get troops out of afghanistan absent a small residual force. he wasn't going to let a vietnam era type p.o.w. exist. this is a murky case of what we know and what colleagues have said about the conditions in which bergdahl left his unit and captured by the taliban. that was a defiant president making the case that we did the right thing as a message from the commander in chief to the mothers and fathers and soldiers serving that we will leave no soldier behind. >> general, let's take bergdahl out of it for a second. the president said there's an assumption that gitmo is going to close. and if it is going to close and if the hostilities are going to end and you are going to wind up releasing, whatever verb you want to use, the people you now have detained, isn't it better to have strings attached to some of them when many may just be releas released? >> chris, very true. in this particular case i think what we need to do is make sure that those strings, as you've described, associated with the five taliban that are now in qatar are extremely tight and woven tightly around a precise and well executed operations to make sure we don't lose sight of these folks. that's what our national intelligence infrastructure can do and must do. but i also think that the presumption that those that remain in gitmo are going to be released is not appropriate. i mean, there is still justice that must be done and there are conditions around what their conditions will be going forward. it wouldn't -- i would presume the alternate, which is they are probably going to remain some form of custody someplace. >> i want to get your take on that because he does say -- he did answer the lingering question. is there a possibility that these men, some of them, may get back into the fight? he said, absolutely. there is every time anyone is released from guantanamo bay. do you think the president made the case enough to answer that question? was it worth it? >> he straight up said that there is a possibility that these folks could get back to bad business against the united states. what he called a high recidivism rate. let's be clear. the commanders are under loose house arrest in qatar. >> we don't know the assurances. >> we don't. he also said if they get back to bad business we'll go after them. there was a clear i'm police it threat. one of the reasons why it's difficult to disintangle oursz from guantanamo because a lot of these people who are being held there are bad actors. there is a high recidivism rate and that makes it difficult to disintangle ourselves right now. this is a high test case right now. loose house arrest for five taliban commanders who were described as the worst of the worse. >> some of the push back coming from what we're learning more about the conditions surrounding bowe bergdahl and how he came to be captured. we should report a senior u.s. defense official tells cnn that the army did, in fact, have a fact finding investigation, so-called 15 sticks report and concluded in the months after bergdahl's disappearance, discusses the likelihood he left under his own free will. the commander h signed it said the door was left open for final con clugs until hearing directly from bergdahl. >> that's what we've heard. that's what the pentagon told barbara starr, they want to hear now bowe bergdahl's side of the story. >> the idea of it just being speculation, more than that. there has to be due course of law. >> the president clearly not wanting to answer that part of the question and saying, regardless of the circumstances -- >> chris and kate? >> go ahead, general. >> just very briefly. to john's very point. i think what we need to focus in on now, the construction rux of is how is congress going to get information about what is going to happen? what will the dni going to do in terms of bringing forward to both the house and senate select committee on intelligence that very classified operation that needs to take place to give the assurances that these folks are not going to disappear over the horizon? i think we need to get to the bottom of that. and then the whole congress will get an unclassified version of that. >> that's right, general. thank you very much. spider marks, john avlon, thank you as always. coming up next on "new day," a gruesome and sinister murder plot by two 12-year-old girls, if you can believe it. these two little girls stabed a friend 19 times all because they say of an internet ghost story. frightening details ahead. to d. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list, which has been absolutely absurd since the big game. with skype, it's just really easy to stay in touch with the kids i work with. alright, russell you are good to go! alright, fellas. alright, russ. back to work! ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities. thoughtful combinations, artfully prepared. fancy feast elegant medleys. inspired dishes like primavera, florentine and tuscany. fancy feast. a medley of love, served daily. i dbefore i dosearch any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. free hot breakfast options. hampton, enjoy our you did a great job. it looks good! ...then fuel up with double points or double miles on your next getaway. make every stay more rewarding and feel the hamptonality so ally bank really has no hthat's right, no hidden fees.s? it's just that i'm worried about, you know, "hidden things." ok, why's that? well uhhh... surprise!!! um... well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worries. ally bank. your money needs an ally. united states of america does not leave our men and women in uniform behind. >> only he knows why he did it. it wasn't just a spur of the moment thing. >> he's at best a deserter and at worst a traitor. >> hall of fame quarterback dan marino is now suing the nfl. >> dramatic scene. the family battle over ailing radio host casey kasem. platted for mondths to kill their friend, another 12-year-old. >> disturbing investigation. good morning. welcome back to "new day." president obama surrounding the situation around bowe bergdahl. he spoke about the prisoner skop and said it is the right thing to do. take a listen. >> but let me just make a very simple point here, and that is, regardless of the circumstances, whatever those circumstances may turn out to be, we still get an american soldier back if he's held in captivity, period, full stop. we don't condition that. >> meantime, speaking of the condition, there is a report out there was an investigation that suggested that bergdahl did walk away on his own. and those who served with him are tell that same kind of story and they are worried about the impact on families who lost loved ones looking for bowe bergdahl. let's discuss the politics surrounding this situation which are growing more and more bitter. we have kevin matt, cnn political commentator and republican strategist and former senior adviser to bill clinton and the writer for thenewyorker.com. it is easy to go after the particulars of this deal and rightly so. however, the shock coming from lawmakers specifically republicans that this came out of nowhere, is that a little bit of political theater? this has always been the deal on the table. >> well, i think they're making -- they're making it justifiable case that they believe that the president may have broken the law. so i think that that's why they're going to be a certain level of oversight hearings now to really investigate that fully on whether or not the president went through the proper legal protocols in order to engage in an agreement like this. and i think that they are also serious questions by lawmakers up on capitol hill, whether or not a deal like this would incentivize further kidnappings. you did hear criticism come from p something like lindsey graham who is a an important voice on national security concerns like this. >> richard, what about that legal question? why not? i mean, the president tried to answer that question in his press conference saying the whole process was truncated because we didn't want to miss that window. is that a good enough excuse to not notify congress? >> well, i don't think you need an excuse, nor do i think we should be talking about excuses. i think the president this morning made a very strong case for why he did this. >> dianne feinstein said the president should have notified the key committees that this was in the works. >> there may be legitimate questions that member of congress have around why the 30-daytime period rule was not addressed specifically. and i'm sure the president and his team will have the appropriate answers for that. but i think the president made an incredibly strong case this morning for why we never leave anyone on the battlefield. this is consistent with strong standing american policy. it's not a new policy. it's consistent with international law. it's consistent with everything we've always done in the whole history of u.s. warfare. i think people who are complaining today, it's part of the republican partisan atmosphere that's been created in washington. where every move the president makes is criticized. they want to criticize everything. these are the same people who before were criticize that he wasn't doing enough to get this guy out. >> part of it is but part of isn't. a point of push back with kevin is that you knew about this deal all along. don't act shocked. it's how you did it here, richard. you did it by going around congress and it breathes a lack of confidence in how you do business as an administration and you have not stated a good reason why the law was circumvented. >> i don't know what the administration's position is exactly on this issue because they haven't said what it is. >> because they don't have a good answer. >> listen, i think what the president suggested this morning is that congress was well informed that this kind of deal was in the works. so they obviously think they met whatever requirements the law imposed. >> well, look, just on that point. it's not up to the president to decide whether or not he thinks the congress was well informed or not. i think there are still legitimate criticism and legitimate frustration on capitol hill that they didn't know enough about this. so i think the president, you know, richard, you make the argument that he made a strong case. i think he was very dismissive and two audiences are not going to be as dismissive about the conditions of this case. first is the congress and he has to have a good relationship with them. secondly, is the american public. still remains more questions than there are answers right now. that has to be a legitimate concern for this president right now. >> i think the american people are satisfied that the president made good on our country's sacred commitment to families on p.o.w.s to bring everybody home. the american public will be satisfied this morning that is what the bit was doing around those were the actions he was taking. >> kevin, how does it matter that the timing involved here that you come to the end of the war, that the president actively wants to close guantanamo bay. you may wind up having people released without any strings, at least here while you are releasing dangerous people, at least you're doing it in a way that there are some conditions on them where you may not have it with the other ones. let's listen to a bite on this from the president to give us context and you respond. go ahead. >> right. >> the release of the taliban who were being held in guantanamo was conditioned on the qataries keeping eyes on them and creating structure in which we can monitor their activities. we will be keeping eye on them. is there the possibility of some of them trying to return to activities that are detrimental to us? absolutely. >> your take. >> well, i think general spider marks made a point earlier during your conversation, chris, where he talked about the level of whether or not there is an official declaration of an end to a lot of our engagement there. i think that remains a question. and again, i think this is something where the president is is really going to have to build a strong case up upon -- oh with congress as it relates to justifying some of his actions. >> richard, do you think this is a -- this poses a potential problem for the president? they're not talking about those explicit assurances that the qataries have been able to provide, able to keep eyes on these five taliban members. >> i don't think this is going to be an issue. i think the republicans are trying to create a sideshow on this like they try to create around everything. i think the president acted c consistent b with longstanding american policy and in keeping with our commitment to bring every member of our armed forces home, as the war winds down. he made a p.o.w. exchange. it's a tough decision. it's always one of the toughest decisions a president can make. there are obviously, you know, involved a balancing of the issues. we have to do everything to make sure that these people that were released out of guantanamo bay do not, you know, continue to cause -- >> what is is everything? >> we don't know. i mean, these are the kinds of things, these deals are often made in secret. obviously we made a deal with the quatarys. >> what do you do, hey, you know, maybe cuba will do a deal like this? what about the cia operative being held in iran, robert levenson, do you make a deal with them? >> we're not at war with cuba. and, you know, i think that each situation has to be taken on its own. but this was clearly a p.o.w. swap. i don't think this sets new ground. this is not a new kind of policy. this is totally consistent with what we've done historically. those situations would suggest something different. i don't think that's what we're doing. >> i just want to disagree with richard's trying to frame this as a republican/democrat thing. i never used a term democrats on capitol hill. i said congress. i think members of congress, republicans and democrats, are going to give and i believe that there's a justifiable level of oversight over this particular deal. and remember, there were democrats that voted for law that said that the president had to consult with members of congress 30 days before any prison transfer. >> you offer signing but he signed the law so he knows what's in it. >> sh this should not be turned into a partisan thing the way richard tried to frame it. >> thank you very much. one thing is for sure, there's nothing simple about this case that we're watching play out right now as bowe bergdahl transitions back to regular life, if you will. thanks so much. let's get over to michaela. headlines at this hour. a business moaner from yemen who lives in upstate new york is facing charges this morning after police say he plotted to kill u.s. military members and others as vengeance for american actions overseases. officials arrested mufid elf ge geed and he planned to kill shiite muslims in new york. police in san francisco from captured a media consultant who had been on the run for dies. ryan kelly chamberlain was arrested overnight near the golden gauge bridge. he had been the subject of a nationwide manhunt after they found explosives and a deadly chemical inside his san francisco apartment. monday morning a strange note detailing his, quote, dark moments was sent to his facebook connections. right now he is being questioned by police. hall of fame quarterback dan marino is among 15 other nfl players suing the leg over concussico league over concussions. the new civil claim alleges the nfl knew about a link between concussions and long-term health problems and yet they concealed it. the court documents the players claim they're suffering symptoms consistent with brain injuries. we will speak with former players later in the hour about this. quite a wild scene in a florida courtroom after a fight breaks out between a judge and a public defender. >> if i had a rock i would throw it at you right now. >> you know, this is -- >> stop pissing me off. if you want to fight let's go out back and [ bleep ]. >> well, apparently he did. the two had been arcing back and forth during the hearing before judge john murphy asked the lawyer to step into the hallway. it captured audio of the ensuing scuffle. apparently neither of the two were arrested. so far no charges have been filed. >> that's one way to settle it, i guess. >> no small irony, a beautiful example of why you need the court system to begin with. >> just, yeah, why, exactly. why we need the legal system. we're going to show you right now. >> irony does not get more obvious than that. when a judge and a lawyer decide to take it outside instead of deciding a matter in the court of law. amen. okay. so across the country, another type of fighting is going on. it's primary day in eight states. one race in particular has drawn a lot of attention. the republican senate battle in mississippi. why? well, that's where the incumbent thad cochran is trying for a seventh term. the race has been neck and neck and down and dirty. let's get more from chief congressional correspondent dana bash. >> reporter: defeating a 36-year senate veteran in your own party is no easy task. so chris mcdaniel is bringing the conservative cavalry to mississippi. >> it's wonderful to be in the magnolia state to just do whatever i can to hopefully help and not hurt the cause. >> reporter: sarah palin from alaska and even rick santorum, former senator from pennsylvania. >> join me in supporting chris mcdaniel. >> reporter: sources close to mcdaniel's opponent, senator thad cochran, insists outsiders won't convince mississippians to vote against their own long-time senator but inside mississippi this gop primary race has become just about the nastiest in the country. a conservative blogger was arrested for breaking into this nursing home to photograph cochran's ailing wife, suffering from dementia. >> it's the worst. >> reporter: cochran's campaign points fingers at mcdaniel. >> posting video of senator thad cochran's wife in a nursing home? is that enough? >> our campaign had no connection to that whatsoever. >> you personally, when did you find out about the break-in? >> look, we're going to focus on his record right now. >> reporter: as for cochran, he argues his record is exactly why he should be re-elected, that his seniority in the senate is a plus for mississippi but 42-year-old mcdaniel says cochran's time has passed for mississippi and the gop. >> he believes in big spending. he believes in increasing taxes. he believes in increasing his own pay. i am not that guy. >> reporter: the tea party movement has a lot riding on a mcdaniel win here after a string of primary losses this election year. tea party groups nationwide have spent millions. >> they've really poured their heart and soul into making you the guy who they can hang their hat on, say that we're not losing this election year. a lot of pressure. >> it's all in god's hands. there's no pressure. god has a plan. >> reporter: dana bash, cnn reporting. all right. you see that, it is cnn money time. chief business correspondent christine romans is over there in the money center making things happen. >> seattle has the highest minimal wage, 15 bucks an hour. same wage fast food workers have been pro testing for, more than double the federal minimum wage. the president is pushing $10.10. apple, health kick, track enk from your sleep to blood pressure. home kit will let you turn off your lights anded a ju adjust thermostat from phone. google, by the way, currently blocked in china. anticensor ship group reports services from gerks-mail to google translate is disrupted in china. why? likely for political reasons. tomorrow is the 25th anniversary of the brutal crack down in tin man square. five years after a prisoner of war, they say he's a deserter, not a hero. we're going to talk with a member of his former unit who was there the night bergdahl disappeared. dan marino suing the nfl over concussion-related injuries. did the nfl hide information about long-term effects of head injuries? that's the main question. we have a former player weighing in. so ally bank really has no hidden fees on savings accounts? that's right, no hidden fees. it's just that i'm worried about, you know, "hidden things." ok, why's that? well uhhh... surprise!!! um... well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worries. ally bank. your money needs an ally. listen up, thunder dragons, it's time to get a hotel. hey, razor. check this out. we can save big with priceline express deals. hey you know what man, these guys aint no dragons. they're cool. these deals are legit. yeah, we're cool. she's cool. we're cool. priceline express deals are totally legit. check this, thousands of people book them everyday and score killer deals. now, priceline is piling on even more savings with its summer sale. so grab your giant beach towel and enter code summer14. look at me enjoying the deals. ♪ ♪ ♪ woooooah. ♪ [ male announcer ] you're not just looking for a house. you're looking for a place for your life to happen. zillow. the deal that freed sergeant bowe bergdahl continues to raise questions especially about whether or not bergdahl left his base before he was captured for the taliban willingly. early this morning president obama addressed the controversy saying regardless of the circumstances, the u.s. rescues a soldier from captivity and moments ago the chairman of the joint chiefs of staff mark dempsey responded by saying bergdahl is innocent until proven guilty. so the main thing becomes what were the facts on the ground? let's get to matthew, retired army sergeant and was a platoon member with bowe bergdahl. he says he knows what the facts on the ground were. sergeant, thank you for joining us on "new day." and thank you for your service to the country. >> thank you. >> what were the facts on the ground as you understood them at the time when bowe bergdahl disappeared? >> the facts on the ground were, he left his weapon and his equipment to supplies and walked off to either join the taliban or do something else only he can answer that question. >> what was the feeling on the ground about what had happened to him? >> well, the general feeling was that he deserted us and walked off and left us. >> and you felt that way even though he left all his supplies because to some that would suggest that you're not planning on being gone that long if you don't have any supplies. how did you take it? >> i took it as you would never leave to begin with without your equipment or your weapon. so that's suspect from the beginning. i don't believe he had any intention on coming back. >> you think this was a plan of his, that he was going to try to leave? >> i think it was definitely premeditated with the e-mails he sent to his father, mailing his stuff home before the mission. i believe it definitely shows intent, premeditation, and those are the facts. that's what happened. >> did you guys look for him? >> of course we looked for him as hard as we could. everybody looked for him. everybody in the country who could. >> what did you discover about which way he had gone and any evidence of what his intentions were? >> well, we discovered that he was seen by locals in various different areas on his own, walking about on his own free will, not with anybody else but just acting alone. >> what was going on before he disappeared? what was his state of mind? what had he told his fighting buddy buddies? >> i don't know his state of mind. he made some comments about he could get lost in the mountains and just -- that's one of the comments that he said to me. i can't really speak for other people, what he said to them. >> lost in the mountains meaning he would like to go and adventure? >> once again. i don't know. that's what he said. i'm assuming lost in the mountains would mean walking off by yourself into the mountains. >> and as you know, there was a report at the time done that does suggest that he left of his own free will, as you are saying. let me ask you, sergeant, does it matter to you the circumstances under which he came to be churd acaptured and whether or not the u.s. should have done anything it could to get him back? >> of course it matters. it matters to me. it matters to everybody in my platoon, company, every service member on the ground in afghanistan conducting mission, putting themselves in harm's way for somebody who willingly walked off to do whatever. either way, he put people at risk. >> we do know that troops died trying to retrieve sergeant bergdahl. so let me ask you. would you have made this deal to get him back? >> no. >> simple as that. >> yep. >> why not? >> i believe it's good that hess back home, that we're going to get him care, get him what he needs to recover. but i don't believe trading five prisoners out guantanamo bay for him was the right thing. >> then it would be something that would be seen as more worthwhile to you? >> to me, with everything surrounding it and the circumstances that permit, i think it would be a lot different for many people if it was under different circumstances. >> if the sergeant's watching, what do you want him to know? >> just that there's a lot of people that want the truth, they want to know why you left, what your intentions were, just want you to answer for everything that's happened. >> i know this isn't an easy topic for you. i know you're angry about a lot of the attention surrounding this deal but i appreciate you coming on "new day." sergeant, i appreciate your service to the united states. thank you. >> thank you. >> kate? coming up next on "new day," legendary hall of famer dan marino is suing the nfl. he's saying that the league knew about the long-term health eching effects of concussions and did not tell the players. 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[ barks ] nothing says you care like a milk-bone brushing chew. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com. ♪ led to the one jobhing you always wanted. at university of phoenix, we believe every education- not just ours- should be built around the career that you want. imagine that. welcome back to "new day." here's a look at your headlines. president obama at a joint press conference in poland defending a prisoner swap with the taliban to bring home army sergeant bergdahl. he said congress had been consulted over the years about a prisoner swap and had to act fast over concerns about bergdahl's health. he also said he will ask congress to support a european reassurance anybo reassurance initiative up to $2 3w8 billion. to the laisest now in the search for flath 370. "the new york times" is reporting scientists plan to release detailed information today about a mysterious noise, possibly that of an ocean impact. the low frequency noise described as a dahoomph was picked up halfway across the indian ocean to receivers off of australia's coast. the acting veterans after fair chief sloan gibson vowing swift action to end agency abuses and get thousands of veterans off of waiting lists and into hospitals and clinics for medical care. the agency's inspector general is nowing looking into 42 separate facilities amid claims wait times were manipulated for thousands of veterans which cnn was first to report. gibson was deputy va secretary under eric shinseki. he was appointed by the president after shinseki resigned last friday. minnesota couple ended married with a splash. they were on the dock for pictures. use can see that wedding party was too much for the dock. and, oh, no, really, it collapseded. sending most, but not all, of the wedding party in the water. it happened an hour before the ceremony! the couple says despite the sure price dunking, the wedding only started ten minutes late and just a bit soggy. so there's your headlines, chris. >> everybody was safe, so it's okay, to have a chuckle out of it. it was interesting to see how the guys had that look of resignation on their face. the women are scrambling trying to save the dresses. the guys are like, we're going down. it's kind of hot anyway. something else that is breaking overnight we want to talk to you about. hall of fame quarterback dan marino suing the nfl over concussions. marino is arguably the most iconic star to take the league on this issue. question is what will it mean for the future of the litigation, the game, and what impact will it have on thousands of other players who have are retired now and are suing because of the damage they say they suffered. let's get danny in here, cnn legal analyst and criminal defense attorney and clinton portis, two-time pro bowler, one of the plaintiffs in the previous lawsuit against the nfl. it's good to have you with us this morning. clinton, when you hear the name dan marino joining the suit, what does that tell you about the significance of this problem? >> i think it's a serious issue. when you see a guy such as dan marino who is fresh off the tv, who has been the face of the nfl for so long, come and participate in this lawsuit, i think -- and then he's saying that the nfl hid this information. so i would think dan marino knows a lot about this situation to wait this long to join into the discussion and add himself on to this list. so i think it's an interesting -- i think it's an interesting moment for this lawsuit. >> let's go back and forth on the points that will be raised here. the first one, danny, dan marino is in. he's a big name. you're in the nfl. you don't want to hemorrhage any type of good will in this situation and bad reputation. that's exactly what this will bring. does it make you settle sooner? >> in fact, the strange thing about the lawsuit, chris, is that technically it already settled back in january. all the parties came to an agreement. but a judge here in the eastern district in philadelphia actually blew up the settlement because the judge didn't think it was fair. and that, more than dan marino joining, that plus, now a celebrity name, sends a signal to the nfl that the amount that you may want to pay, even though you may have tentatively reached a settlement, is not enough. so i think between that opinion in january from judge brodie and now, a big name like dan marino joining the law enforcement, the nfl better be raising its expectations in terms of how much it's going to be on the hook. >> danny, quick take on this. can't the nfl say, we don't care if dan marino joins. he doesn't even say he's injured, he doesn't even have an injury? >> sure, they're going to defend the case against all of the plaintiffs. and just because dan marino hasn't alleged any very serious injuries in his complaint doesn't mean that much. complaints are drafted with just a short and plain statement when they're in federal court. however, the nfl has already indicated that it wants to settle this case and, indeed, tried to settle and did reach settlement terms earlier this year. it's the court that said, no go, that's not enough money. so the nfl has to be wondering, how much do we have to pay to get out of this lawsuit? >> what's the answer to that, do you think, portis? what numbers miks makes sense here? $767 million was not enough because you may have 20,000 plaintiffs, 20,000 former players with injuries. what's the right number? >> i don't think you can look at a right number. i think when you look at how this is structured and the period of time that it's supposed to be paid out, over years, you know, this fund is supposed to take care of guys that's playing right now, that haven't came for it. so to go back to dan marino when you say he don't have any serious injuries, you can't judge migraines, you can't judge memory loss. like no one can tell you you remember something that you don't remember. so i think that dan marino's case at the time that he played and he was probably one of the best quarterbacks of all time, when you look at this situation, i think for dan marino's case, migraines could kick in. when you look at guys such as terrell davis who is known for migraines, it's so many guys who have migraines later in their career, headaches all the time, lights, so stuff that you really can't judge, you just have to go in and take someone's word. i don't think dan marino will get on this stage and lie about his issues. so maybe because he was on tv for so long it's never came out, he's never admitted it. so as to say, oh, guys, i feel some type of way. but for him to come out and make this statement is big. and i think when you look at numbers for the nfl to say if 20,000 guys do come on, that's 15 more -- i mean, 15,000 more guys than we already have. 5,000 guys and growing at this moment. so if you -- you're looking to take care of 15 more thousand people with this money it won't be enough. it will run out in no time. >> clinton, the main pushback is this. you know what you're getting into when you put on a helmet and pads. that's why you put them on. you know it's a contact sport. >> you actually don't know what you're getting into. i think for so long this is a game. you know, you go through middle school. you go three high school. you go through college. and this is always a game, a game, a game that you're supposed to love. once you're with the nfl this is big business. once you hit college this is big business. so the fact that this is big business is such a huge stage, they're making a lot of money. and it's no expense to the players because we do sign up for it. it's something that we want to participate in. it's something that we want to do. but i don't think if you tell me, i mean, i love fast cars. if i get in a fast car, well, this car is going to crash in 15 minutes, i'm not going to get in no matter how bad i want to get in that car. so i think when you look at this situation, it's the same. if i don't know, i had never sat down in the concussion seminar for the nine years that i was active and said, well, there is what's happening to you at the year one. this is what's happening to you after year two, year three, and so on. so with that being said, we don't know. we don't know the specifications as you see with other lawsuit that came out, guys go in the locker room, the training room and you're getting treatment for stuff that you don't know. so many injuries where in the real world you don't ice and stem. you go to the doctor. you get treatment. you're off. you don't get days off in the nfl. you have to go out and be tough. you have to have a mentality to recover tomorrow. i can't go and sit and say well i'm down for two weeks on my own. two weeks is, well, if you can play in two weeks what can you give me today? can you give me something? can you give me anything? the next thing you know the a two-week injury i'm back on the i'd and playing and saying i'm not at 100%. but you don't go on the field saying, i got to be 100%. nobody in the nfl is at 100% right now. >> i hear you. clinton portis, thank you for laying out the reality. danny, thank you for laying out the legalitys. kate? coming up next on "new day," two 12-year-old girls are being charged as adults in an alleged property plot to murder a friend. why prosecutors say the website gave them the idea to stab the victim 19 times and leave her for dead? it's a horrible story. we're going to talk about it coming up, what happened. also ahead, plus a bizarre twist in the family feud surrounding radio legend casey kas kasem. why did his wife throw meats at his daughter? you know that dream... on my count. the one where you step up and save the day? make it happen. (crowd) oh no... introducing verizon xlte. hey guys, i got it right here! we've doubled our 4g lte bandwidth in cities coast to coast. so take on more. with xlte. for best results, use verizon. when we arrived at our hotel in new york, the porter was so incredibly careful careless with our bags. and the room they gave us, it was beautiful. a broom closet. but the best part, / worst part, was the shower. my wife drying herself with the egyptian cotton towels, shower curtain defined that whole vacation for her. don't just visit new york. visit tripadvisor new york. with millions of reviews, a visit to tripadvisor makes any destination better. . disturbing details this morning about an alleged plot to kill involving 12-year-old girls. two girls now charged as adults for luring a friend into a park after a sleepover, then stabbing her 19 times. because they're charged as adults media outlets including cnn are showing their images. the girls were acting out a horror story from a website. the victim barely alived crawl foed her own rescue. she's still in the hospital. rosa flores is following developments for us. there is nothing you can really say about this? this is such a sinister case that took two preteens fascinate with a fictitious character on the internet to allegedly stabbing a 12-year-old girl to impress them. the details play out like the plot of a horror film. >> in the morning the suspects went to david's park and lured the victim into the woods near big ben road south of drive to play a game. >> reporter: two 12-year-old girls are accused of inviting their friend to play hide and seek after a sleepover. but police say they had much darker intentions. >> once there, one suspect held the victim down while the other suspect stabbed her 19 times in the arms, legs, and torso. >> reporter: suspects morgan geyser and annisa weir, middle school students spent months planning the attack on their friend. the suspects' fascination with "slender man" fictional internet character that often appears in horror stories and videos led to the attempted murder plot, according to police. the website known as creepy past a wiki that posts horror stories portrays him as the leader in order to gain respect and climb up to his realm, a user must commit murder. one of the young suspects told authorities. severely wounded, the victim managed to crawl out of the woods where she was found by a bicyclist. according to court documents, she was one millimeter away from certain death. >> maybe the stab wound struck major organs but incredibly and thankfully the victim survived this brutal assault. >> reporter: the suspects are facing attempted first degree murder charges and will be treated as adults. >> i recognize the young age but it's still unbelievable. >> reporter: the parents of the young suspects in shock about the brutal attack. >> morgan's parents are very sad about what has happened. they're horrified. around our condolences to everyone. >> reporter: now, police say that both suspects spoke openly about the incident with investigators. the girls were arrested hours after incident and their bail is is set at $500,000. cnn's attempts to reach the suspects' attorneys have not been successful. the victim remains in stable condition. kate? >> rosa, thank you very much for that. let's get insight from cnn law enforcement analyst tom fuentes on this. this one leaves you shaking your head. have you heard of anything like this before? such young girls being motivated from a horror story website. >> good morning, kate. no, i haven't. i think, you know, we've seen an incredible amount of violence committed by boys, usually late teens or early 20s. when they act out. and to see that in girls is unusual. and then to see it in girls this young, 12 years old, seven more unusual. i think that, you know, from the indications of their early reporting they talked to the police and it didn't appear that they were very remorseful about the whole thing, that they planned this for months. it wasn't a heat of passion or sudden anger where they burst out. they planned this to assassinate their friend and try to get in good with this fictitious slender man character on the internet. this is almost like a junior mafia. you have to kill to make your bones. it's just incredible. >> it is incredible. one of the girls even telling investigators that bad part of me wanted her to die. the good part of me wanted her to live, according to some reports. i mean, i think you hit one of the parts that is so startling about this, this wasn't a spur of the moment thing. this wasn't a fight that t got completely out of control. from all indications they were plotting this for months and they didn't just stab this other young girl once, they stabbed her 19 times. what is the investigation into this going to include? is there much of it considering that the girls were -- appear to be so open with investigators already? >> well, i think the big thing is that how many other people, especially children, are out there looking at this website? have there been other murders committed, you know, elsewhere in the country based on people trying to make their bones with slender man. so is this an isolated incident or could there be more of these that we haven't heard of, you know, maybe somebody was killed and disappeared and people assumed it was a run away child when it could have been someone murdered by a friend of all things, and hidden in the woods or thrown in water or some other way hidden. so that's part of the investigation i'm sure. and then, of course, did anybody else see this coming, did they talk to other classmates, were other kids in their school also looking at this website, talking about the website, discussing this at all. and then, of course, what are the parents see or hear or know? >> and that's one of the -- that's one of the things that -- we're talking about two 12-year-old girls, middle school students. folks are asking very honest question which is, this had to have been on someone's radar, that they were spending so much time on this website. i mean, one of the girls even believed that this slenderman paranormal political made up fictional figure, she even thought that he was real, that he could read thoughts, that he was watching her. shouldn't this have been on someone's radar? that's a legitimate question? >> certainly. and you would think so and hope so. but if these girls were locked in their room and yelling out to their parents, i'm still doing my homework, mom, and the parents thought everything was normal and if they weren't talking, you know, about sinister things at the dinner table or maybe their parents didn't have that much contact with them, we don't know that. but those are all areas for discussion here. >> of course they're going to look into that website, right, to see if there was any communication or any kind of provocation coming from this website. >> right. yeah. they will be looking at that website. but the unfortunate thing with the internet is that you have literally thousands of these kind of websites. i mean, we've seen thousands of websites convince people to become jihadists. so the motivation for people to do things based on what they have discovered or learned about or been encouraged by the internet is pretty phenomenal. the internet, you know, we're seeing more and more is an extremely powerful tool and it can reach anybody anywhere if they've got the computer connection. >> especially the young and impressionable minds of two 12-year-old girls. they are now charged as adults with first degree a tempted murder. important to just reiterate has rosa flores pointed out, the young girl who was the victim in the case, she is now, they tell us, in stable condition, recovering from her wounds. all right. let's take a break. coming up next on n"new day," te fight over legendary radio voice kay si casey kasem is now getti odd. why his wife threw a hunk of meat at his daughter. we'll be right back. we asked pe, how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm going to have to rethink this thing. it's hard to imagine how much we'll need for a retirement that could last 30 years or more. so maybe we need to approach things differently, if we want to be ready for a longer retirement. ♪ if we want to be ready for a longer retirement. honestly, the off-season isn't i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list, which has been absolutely absurd since the big game. with skype, it's just really easy to stay in touch with the kids i work with. alright, russell you are good to go! alright, fellas. alright, russ. back to work! welcome back to "new day." a strange twist in the sad saga of casey kasem. the 82 radio legend, hospitalized under a court order obtained by one of his daughters. kasem's children are locked in a bitter family feud with his wife. his erupted in a bizarre confrontation all caught on tape that involved raw meat. ah, families. michelle turner joins us now. this is a hard one to follow. >> it gets stranger, more bizarre and sadder, all in one, like you said. this family feud continues between ledgeary radio host casey kasem's wife and his daughter. two judges expanded the power of kasem's daughter, a decision his wife is clearly not happy about. >> in the order of king david, go ahead and take me -- >> reporter: shocking developments in the family battle over ailing radio host casey kasem. a dramatic scene on the front lawn of this washington home between kasem's wife jean and eldest daughter kerri, who arrived with an ambulance sunday to take her father to a hospital. >> will you -- >> reporter: after reportedly refusing to let paramedics in the house, jean kasem yells at the media and her stepdaughter, while the 82 yard icon is eventually loaded into the ambulance. mrs. kasem went further, citing a bible verse, and throwing a pound of raw meat at kerri. >> in the order of are king david, i -- to the dogs. >> jean really shot herself in the foot, because what's going to happen is the judge is going to see this video. this is nothing but a page out of loony tunes in the mind of a judge. >> reporter: kasem's wife and daughter have been facing off in a legal battle over the right to determine his medical care. kasem suffers from a disease, a debilitating form of dementia amplgts stage three bed sore, lung and bladder infection. in my opinion, not being taken care of to the full extent. >> reporter: on friday a washington judge ruled in favor of his daughter. >> shame on these children. shame. >> reporter: jean unleashed her anger at a news conference later that day, playing cell phone audio of her father moaning, claiming he was protesting the judge's decision. this follows a period last month when kasem briefly had gone missing an jean checked him out of the nursing home without notifying his family, despite the daughter being granted temporary ownership over her father. >> you're seeing egos driving everything and it's sad after bringing so much joy to millions of americans for decades, that this is what the final chapter of his life looks like. >> indeed. that next chapter will happen on friday when apparently the judge will listen to argument whether the californian's conservators will be held up. another california hearing scheduled for june 20th. at that time the court will decide whether to make kerri kasem's conservatorship permanent. just sad all the way around. >> really all you can say about it. >> end of life issues are horrible, and no family is immune. we say it again and again. doesn't matter what money or fame you have. >> indeed. that's a good point. >> this one is far from over. from that story to one completely different. this is this week's "impact your world." more than a million and a half american children will end up living on the street this year. there's a place to find hope and a home. it's called covenant house. take a look. >> reporter: as a teen, charisse peters felt trapped in a psyching of poverty and neglect. >> my mom verbally emotionally and physically abusive. it was just like, i'm always sorry, but i don't know what i'm sorry for. i got engaged with this guy, which i thought was the love of my life. >> reporter: she dropped out of high school her senior year and went away with him. they spent about eight months living on the streets of new york city. >> you don't know who's, who. eating out of the garbage, dabblealing in drugs. >> reporter: she news something had to change. she dumped her boyfriend and found refuge here. >> this is where the magic happens. >> reporter: covenant house gives homeless youth a place to live across the u.s., canada and latin america. >> covenant house is part of a movement to help kids dream big dreams and achieve those dreams. we're all about giving kids the skills that they need and we want them to build for themselves that very fulfilling love-filled home that is their destiny. >> reporter: peters is on her way to achieving that. she's training to be a nursing assistant. her goal is to get letter ged and go to college. she's even reconnected with her mom. >> i feel revitalized. it's like i got me back. >> all they need is a chance. >> her smile tells it all. coming up next on "new day," the manhunt is over'sthe suspect at the sempt of an explosive threat in san francisco is caught. caught on tape. how police caught up with him, and why an online note led to clues to a possible motive. [ male announcer ] whether it takes 200,000 parts, ♪ 800,000 hours of supercomputing time, 3 million lines of code, 40,000 sets of eyes, or a million sleepless nights. whether it's building the world's most advanced satellite, the space station, or the next leap in unmanned systems. at boeing, one thing never changes. our passion to make it real. ♪ ♪ ♪ ♪ welcome once again to "new day." tuesday, june 3rd, 8:00 in the east. we begin with a growing controversy over the release of sergeant bergdahl and actions taken by the obama administration to free him. earlier in poland president obama addressed the criticism saying the united states has a duty to its troops. >> but let me just make a very simple point here. and that is, regardless of the circumstances, whatever those circumstances may turn out to be, we still get an american soldier back if he's held in captivity. period. full stop. we don't condition that. >> a defiant president there, but critics of the prisoner swap charge the president was crossing a line and breaking the law to gain bergdahl's freedom. our coverage begins this hour with jim acosta, traveling with the president in warsaw, poland. jim? >> reporter: good morning, kate. that's right. you heard the president during that news conference with the polish president defend the decision to conduct that trade, that secured the release of u.s. p.o.w. bergdahl in exchange for five taliban fighters kept at the detention center in guantanamo, the president saying there was an opportunity to rescue bowe bergdahl and save him from any further harm while he was being held by his taliban captors. the president saying that this was a legal trade, despite those questions that are being raised in washington. he said he also received assurances from the qatari government, which helped facilitate this exchange that those taliban fighters who are being freed from guantanamo will be kept under travel restrictions. here's more of what the president had to say. >> the release of the, the taliban who were being held in guantanamo was conditioned on the qataris keeping eyes on them, and creating a structure in which we can monitor their activities. we will be keeping eyes on them. is there the possibility of some of them trying to return to activities that are detrimental to us? absolutely. >> reporter: now, we've also heard in the last several minutes administration officials trying to bolster's president's case he made here in warsaw. one senior administration official putting out a statement that had the united states gone ahead and fulfilled its legal duty to notify congress, the administration notifying congress might have put bowe bergdahl's life in jeopardy. that is one reason the administration is saying why they did not notify congress as is required to under law. one other very important thing to point out, kate and chris, during this news conference, of course, all of this overshadowing the real purpose of the president's trip, and that is to bolster ties with eastern europe and reassure nervous eastern european partners about any type of russian agres with might see. he did say later on in the week if he has a chance to talk to russian president vladimir putin, that there is a possibility for repairing u.s./russian relations but also want to make the point, to president putin, separatist in eastern ukraine need to stand down. he'll convey that message to vladimir putin if the two get a chance to cross paths, as expected later on this week. >> jim, certainly plenty to deal with over there. appreciate the reporting. back to the bergdahl story. the sergeant himself is facing questions surrounding how he came to be america's last prisoner of war in afghanistan. a military report suggests he left of his own free will as opposed to being taken forcefully from his post. some are calling him a deserter. no one heard from bergdahl. the chairman of the joint chiefs of staff said he is innocent until proven guilty. what's the best sense of the reporting surrounding his disappearance? >> reporter: one of the facts is, no one ever are the roed the taliban infiltrated bergdahl's base, that they were crossing it's wire and he was kidnapped add the hands of the taliban while on the base, but still the bottom line, pentagon officials say, is they need to hear the facts from bergdahl himself. within hours of army sergeant bowe bergdahl's release, social media lit up. a facebook page saying bowe bergdahl is not a hero, but a deserter who left his post. josh corder served with him. >> soon as he is able and fit i do believe he needs to be questioned and basically tried, if necessary. any of us would have died for him while he was with us, and then for him to just leave us like that, it was a very big betrayal. >> reporter: family and friends of fellow troops saying these soldiers were killed in attacks searching for bergdahl, but the administration igs position, the u.s. had a solemn obligation to search for and rescue him. >> let me be clear. the united states of america does not leave our men and women in uniform behind. ever. >> reporter: one reason, u.s. officials tell cnn, there was classified intelligence indicating bergdahl's health is failing, but now that he is back, officials say they need to hear directly from him. did he deliberately leave his post and why? some of the confusion, an initial incident report says bergdahl was not on guard duty, as some suggest, at the time of his disappearance in 2009. a classified cable released by wikileaks detailing taliban radio intercepts saying they grabbed and american at a makeshift latrine. key, may be bergdahl's state of mind. >> as soon as we had gone to afghanistan and things started to turn a little bit harder for all of us, he immediately started separating himself away from us, and everyone in the platoon, and started gravitating more towards the afghan soldiers. >> reporter: but pentagon official it's say if bergdahl was troubled, did his teammates report it? a senior defense official tells cnn it will now be up to the army whether to reopen the investigation that began five years ago into bergdahl's disappearance. >> barbara, thank you, barbara starr live at the pentagon for us. the controversy aside, the struggle will continue when he returns to the united states. our next guest knows exactly what really he's going to be going through. held hostage for 5 1/2 years by a colombian militant group along with two other americans and 12 colombians. once bergdahl returns to the united states, reports say he's expected to continue his treatment at the very same san antonio facility where stanceal recovered from his captivity. great to see you. >> good morning, kate. nice to be here. >> of course. thank you very much. so tell me, from different parts of the world, but still you were held for almost the same exact amount of time. what are these first days, what is this initial part, of what they're calling the reintegration process. what is he to expect? what is it like? >> it's initially for all of us. it was almost like an emotional overload, or shock. you know? almost like your system cannot -- you go from zero to 100 miles an hour instantaneously, and it's hard to receive and process information, as you normally do. it's hard to relate to things, because you've been basically on hold, as we were for five and a half years. the analogy, almost like an old vhs tape. hit fast forward, you could hear bits and pieces and see the screen but really couldn't understand. it's overwhelming for somebody when they first come back. you go from, for lack of a better term, the stone age to the modern world in about 30 seconds. it's tough. >> he is just in the beginning days of this. he has not yet been in contact or seen his family. that's part of the process. what is that initial -- what was that initial meeting or those first interactions like for you? >> well, the interactions were tough. i remember when we got to army south and you have to remember you have a team of people there in san antonio that are training for years, day in and day out, to handle this process, and it's a three-phase process, and initially when you first get back it's the medical assessment. how are you physically? they do the initial there. but then they start to get you prepared to make decisions to handle things, to integrate with your family. and i had two 5 1/2-year-old boys i had never seen in my life and i remember when the doc told me, keith, you've got about 30 minutes with your family the first time, but we don't know if you'll be able to make it 15 minutes into it, sensory overload, almost. such an emotional reunion, so traumatic in one serngs but happy sense, happy on the other. a lot on you. they slowly get you back to doing normal things 15 minutes first seeing my family, i needed a break, i came back a few hours later, weeks later, we extended that. it's a lot to take. >> too much to take at least in the initial moments. i've seen that your mother described it, described you in the first couple months or so after your return, that you were just floating around. what does she mean by that? >> she used to always ask me to land. it was kind of a joke in the house, but, you know, there was so much coming at us, and we were not used to dealing with the day to day activities of life. think about it. for us, i don't -- i'm not familiar exactly with sergeant bergdahl's conditions but at some point we were chained to trees for days on end. your day inof vos maybe a bath if you gheet one or a bowl of lentils and rice. you see what we get on a daily basis, in our daily lives, it was tough to handle that. i would go from one thing to another. never could slow down and focus. that takes time to adjust back into that. it's just a process. we can call it reintegration, but the people there in san antonio know what they're doing and i think they're key to his health when he gets back. >> what was the key for you? when did that change? when did you feel more grounded, if you will? what was the key? >> well, you know, i was talking to tom house, who was with me just a few days ago. the both of us related back and forth maybe 2, 2 1/2 years into my freedom, did i feel like i started really to stabilize. it was a long time, but initially, for a few months we were just, as i say, kind of floating in the sense that, you know, were e were overwhelmed. we were very fortunate, because what happened at army south and what happened with our families, and we had a tremendous support network. nome u not only us, sergeant bergdahl's family themselves have been prisoners. he's not the only one that is going to need help. everybody will be in this reintegration. it's the support network around thaw is very important. we were very fortunate to have that. >> absolutely. the controversy surrounding his rescue has nothing to do with this reintegration process, but do you think when he finds out about it, if he's even aware of the controversy, will impact that process? >> you know, i don't know. it's just my opinion. you know, i think how he deals with the process, it mayic pact that, but i can tell you this, the people at the recovery center, to a man or a woman there, my experience with them is, they're not thinking about that. they're thinking about a sdwloob they have to do, and that they have to train to do and it's to get this soldier back and healthy. what happens outside of that or what's on the peripheral, i don't think that comes into the decision-making. >> does it even enter into his world right now? you would assume even if he hasn't seen his parents yet he surely isn't hearing of all of the news reports about his rescue yet? >> i don't know. and i can give you a quick example. when we got off the helicopter, there in the hospital, they took the three of us together into what was an emergency room of the hospital. they had put three beds, and the doctors there knew we had been stuck together 5 1/2 years and did not want to separate us the first night, and they turned on the news, on the televisions but kept the volume off. that was one small step to let us kind of reintegrate and get back into, you know, society and the world, and see what was going on around us, but we couldn't hear the news, they didn't want to overwhelm us or shock us. i'm assuming, i don't have direct knowledge, that they're doings same with him there. >> all calculated and controlled to help that process be as easy as possible. i mean, i know you went to that facility, but you could be a really good help in that integration process, if they would reach out to you, because your experience could really help in how, for the entire family, and how he can get back to a quote/unquote normal life. keith stansell, great to see you. thanks so much. >> have a great day. appreciate it. take a look at more of your headlines. a business owner from yemen who's been living in upstate new york is facing charges this morning after police say he plotted to kill u.s. military members, vengeance for american actions overseas. officialaled say he was charged with two counts of receiving and possessing and unregistered firearm silencer. the fbi has been investigating him for over a year now. hall of fame quarterback dan marino is among 15 former nfl playe erers suing the league ov concussions. nearly 5,000 other players previously filed suit. the new civil claim alleges that nfl knew about a link between concussions and long-term health problems yet concealed it. in court documents, the players claim they're suffering symptoms consistent with brain injuries. the nfl did not respond to cnn's request for comment. we're going to speak to former players later in the hour about this. maybe the tea party's last best chance to unseat a republican senator this year. the mississippi primary race between incumbented that cochran and conservative challenger going down to the wire. cochran is seeking a seventh term in the senate. voters are going to the polls in seven other states today as well. california, south dakota, new mexico, iowa, montana, new jersey and alabama. we'll be watching it all. >> absolutely. thanks. coming up next on "new day," the release of sergeant bowe bergdahl has many concerned about the taliban fighters freed in the prisoner swap. one of those concerned is senator john mccain, a former p.o.w. himself. we'll speak with him live, ahead. and then a dramatic finish to a massive manhunt in san francisco after police uncover an explosive stockpile in a california man's apartment. what was he planning? 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[ chainsaw buzzing ] humans. sometimes, life trips us up. sometimes, we trip ourselves up. and although the mistakes may seem to just keep coming at you, so do the solutions. like multi-policy discounts from liberty mutual insurance. save up to 10% just for combining your auto and home insurance. call liberty mutual insurance at... to speak with an insurance expert and ask about all the personalized savings available for when you get married, move into a new house, or add a car to your policy. personalized coverage and savings -- all the things humans need to make our world a little less imperfect. call... and ask about all the ways you could save. liberty mutual insurance -- responsibility. what's your policy? ♪ "first day of my life" by bright eyes ♪ you're not just looking for a house. you're looking for a place for your life to happen. breaking yoefker night, a san francisco man on the run for days after police say they recovered explosives at his apartment. he's in custody this morning. ryan chamberlain, arrested overnight at a park near the golden gate bridge. now authorities are looking into a troubling online post reportedly sent by chamberlain just hours earlier. for the latest, cnn's dan simon in france. what do we know, dan? >> reporter: hey, chris. the arrest took place here at chrissy field, a popular place for tourists and locals alike. why chamber layne came sheer not clear and not known why he was allegedly possessing xploes irans but growing evidence he was intent on taking his own life. >> get down! >> reporter: a three-day manhunt over. fugitive ryan chamberlain captured near the golden gate bridge in san francisco after being spotted at a local bar earlier monday. >> he put up resistance. so many officers, he went down. >> reporter: the 42-year-old arrested for allegedly possessing explosive materiels in his home. the bomb squad using a robot to search his car before going in. chamberlain, a media consultant well known in san francisco's political circles and working for then mayoral candidate gavin newsom in 2003. those who worked with him are in disbelief. >> flabbergasted. just out of character for anything that i know about ryan. >> reporter: now a note titled "good-bye" on his facebook page may offer an explanation. in it he writes about his lifetime battle with depression, the loss of project sport a marketing company he says was sold for over $1 million but he saw none of it and a struggle with relationships, including this passage, i'd met the one. everything was perfect. then she just stopped. the three-page letter ending simply, thank you. i'm sorry. i love you. >> that's the guy we're looking for on the guy. >> reporter: on monday prior to his arrest, chamberlain's alleged latest tweet denies all charges. the panicked update, nothing they're reporting is true. no stashes. not armed. >> it is him. that is him. >> reporter: a u.s. law enforcement official says investigators cannot definitively say the posting was made by chamberlain. so the question still remains, was this a possible suicide attempt or was there something more sinister at play? we hope to no more from a press conference later this morning. back to you. >> a lot of questions still remaining. thank you. coming up next on "new day," the uproar continues over the prisoner swap that freed a captured american soldier. this morning president obama is defending that exchange that radio leased five taliban leaders, but did he convince his critics? senator john mccain is joining us to weigh in on this controversial decision. i'm j-a-n-e and i have copd. i'm d-a-v-e and i have copd. i'm k-a-t-e and i have copd, but i don't want my breathing problems to get in the way my volunteering. that's why i asked my doctor about b-r-e-o. once-daily breo ellipta helps increase airflow from the lungs for a full 24 hours. and breo helps reduce symptom flare-ups that last several days and require oral steroids, antibiotics, or hospital stay. breo is not for asthma. breo contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. breo won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. breo may increase your risk of pneumonia, thrush, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking breo. ask your doctor about b-r-e-o for copd. first prescription free at mybreo.com thebut in the case of the s to thlexus ls... ...which eyes? eyes that pivot with the road... ...that can see what light misses... ...eyes designed to warn when yours wander... or ones that can automatically bring the ls to a complete stop. all help make the unseen... ...seen. and make the ls perhaps the most visionary vehicle on the road. this is the pursuit of perfection. honestly, the off-season isn't i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list, which has been absolutely absurd since the big game. with skype, it's just really easy to stay in touch with the kids i work with. alright, russell you are good to go! alright, fellas. alright, russ. back to work! welcome back to "new day." the growing controversy over the release of sergeant bowe bergdahl. earlier this morning president obama defended the decision to trade bergdahl for five taliban prisoners saying we don't leave our men and women in uniform behind. critics of that decision, like our next guest, worry that this trade could put the lives of american servicemen and women at risk in the future. joini ining us, senator john mc. you know all too well what it is to be a p.o.w. you were one yourself for over five years. and as we always have, we thank you for your service and commitment to this country, before we even begin the discussion. >> thank you, chris. >> now, specifically, to the current situation, i noticed that you tweeted, or retweeted jay tapper's article about the speculation of circumstances surrounding bergdahl's departure that maybe he left of his own free will. do you believe he deserted, and even if he deserted, does that matter in terms of efforts to save him? >> those are both excellent questions, chris. there's overwhelming evidence and testimony coming forward that sergeant bergdahl left of his own free will, and that will be the subject of investigation. that does not mean he shouldn't have been brought home. the problem that i have, and many others have, is what we paid for that release, and that is, releasing five of the most hardened, anti-american killers, brutal killers, who are, by the way, also wanted by, by the international criminal court for their incredible brutality, and the fact that within a very short time, if the past proves true, they'll be back in the battlefield putting the lives of americans in danger in the future, and that's what most of us find incomprehensible, that the taliban should be allowed to pick the dream team, as my friend lindsey graham called it, and send them to qatar, and obviously, they will be back in the fight. 30% of those who have already been released from guantanamo have reentered the fight, and this is the top. these are the people that have blood of thousands on their hands, at least in one case. so you have to understand what was done in exchange for the release of sergeant bergdahl. >> the issue of surprise and shock comes up here, senator. this deal had been in the works for years. the president says he consulted with congress about this potential trade. were you consulted with? >> no, and i've talked to members of the intelligence committee, congressman rodgers, senator chambliss. we were at the meeting where they were talking about releasing some taliban as confidence measures to movenegotiations forward, as long as two years ago. there was never discussion that any of us know about this straight-up and all of the aspects of this trade for sergeant bergdahl. and that's just a fact. schematics. >> on whose side, senator? is the president hiding the ball of, what types of taliban guys were involved? or is your side hiding the ball that you knew, but you didn't know everything, so you're going to say you knew nothing? >> well, we were never told there would be an exchange of sergeant bergdahl for five taliban. we told they were considering, and we steadfastly, both republican and democrats, rejected the notion that they were going to release some of these taliban in exchange for, "confidence building measures" so that negotiations could continue. what we were briefed on was an entirely different scenario from the one that took place. look, i'm not one who believes that congress should bind the hands of the president particularly as commander in chief. that's not my problem. my problem is, what we did in exchange, which could put the lives of american servicemen and women in grave danger in the future, unless you believe that this conflict is over and that the taliban and al qaeda have stop wanting to destroy america and repeat of 9/11, then, fine. but they've not, and they're not, and they are growing, despite what the administration says. they are a growing threat to the security of the united states. the director of national intelligence clapper says the syria/iraq area, now taken over by al qaeda. they're going to plan attacks on the united states of america. these are the best at it. >> if it is true, as the president says that it is the end of hostilities in afghanistan, if it is true that the president says he's going to close gitmo. if you look at this deal through that lens, isn't it better to release guys like this with some strings attached, a plan in place, than to just release them without any plan, which may happen in the future anyway? >> well, it was never planned to release them. they were judged time after time as too high a risk to be returned. the plan, which we'd weren't seeking, is to move them to the united states of america. i've always favorrd closing guantanamo because of the image it has to people throughout the world, but the plan is, what we're we're trying to implement, at least at some point, moving these hard-core, high-risk people, too great a risk to be released, to facilities in the united states of america. >> all right. now, the issue of the 30-day law. you are not making that an issue. as you've said, you don't want to bind the hands of the president. that's for other republicans to make that argument. let's skip that, though. and i want to get to something else that is urgent. that does concern you. that does go to what we knew when. the situation with the v.a. there's no question of your commitment to the troops. that's not what this is about. however, your home state, front and center, with bad abuses for as long or longer than any others. did you know and why was it allowed to go on so long? >> well, i've known about it since 2008 when i gave a speech saying that we had to give flexibility to veterans, to get other capabilities to have their health care needs taken care of. we wrote numerous letters, have klain ed complained about it on numerous occasions, treated over 2,000 cases brought to our office since january of 20013. just recently i received a reply to a letter that i asked general shinseki where they basically denied what was happening. in other words, we did not know and were not told by -- although there were complaints from veterans which we investigated but were outright lied to about this waiting list. it was concealed until this whistle-blower and others have come forward. >> you knew there was trouble, but didn't know how bad until the revelations? >> that's exactly right. that's why the majority of our cases handled in our office were veterans cases, of one kind or another. i've known there was trouble in the v.a. for many, many years and that's why i wanted to change fundamentally the way that we treat our veterans, by giving them the ability to go out and get the health care they need and want. >> and in conjunction with senators tom coburn, richard burr and jeff flake you're going to introduce to conference the veterans choice act on june 3rd, 1:45 p.m. eastern time and you're going to try to address the pressing issues that are raised here, because it's easy to trace the blame. we've done that well. making a change going forward has always proven the biggest challenge. hopefully we do better this time. nobody appreciates the need better than you, senator mccain. thank you for joining us this morning. >> thank you, chris. over to you. >> chris, time for the firch things you need to know for your new day. number one, president obama defending the decision to bring army sergeant bowe bergdahl home. earlier in pollland he said, bottom line, the u.s. la a duty to bring soldiers back who have been in captivity. sergeant bowe bergdahl is being called a deserter by some fellow soldiers saying americans died looking for him after he abandoned his post. the san francisco man on the run for days after police uncovered explosives at his apartment is in custody this morning. the fbi says ryan chamberlain was arrested monday night near the golden gate bridge. hall of famer dan marino, filing a new lawsuit against the nfl claims the league concealed the long-term health effects of concussions in order to keep players on the field. it is primary day in eight states and mississippi, 36 year state senateeran thad cochran, trying to hold off his seat. update the five things to know, go to cnn.com for the latest. coming up next on "new day," gone without a trace. a family vanishes from their home with no sign of struggle or plans to flee. a new cnn special report examines the mcstay family murders. what happened to them? also ahead, the streak is over. "jeopardy's" winningest contestant says good-bye to the quiz show. what will julia collins do with all of that money? she is joining us, live. ♪ ♪ make every day, her day with a full menu of appetizers and entrées crafted with care and designed to delight. fancy feast. love served daily. you need to see this. show 'em the curve. ♪ do you know what this means? the greater the curvature, the bigger the difference. 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>> reporter: it took san diego investigators three days to obtain the warrants they needed to complete a full search of the home. but during those three days, the mcstays' home remained unsealed. which allowed joseph's brother, mother and friend access in and out of the house. >> i wouldn't go in there unless i called, you know, the sheriff's department, and they said i could. so i had permission, i cleaned up the kitchen, because it was disgusting and the trash can from diapers sitting there all of that time, you know. it was terrible, terrible smells. >> she was cleaning. we were looking for bank statements. i mean, i think she was just reaching for evidence. >> reporter: wasn't it, though, a crime scene? >> no. it was not deemed a crime scene, because there was no sign of forced entry. there was no signs of foul play at the house. >> reporter: michael says investigators gave them the okay to remove some items from the home. >> with their permission, i grabbed his computer, what would be joey's computer, and the st card. got the pictures. got that downloaded, and then i had to put that back prior to them issuing the warrant. >> reporter: back in texas, patrick could hardly believe what was going on. >> the first thing i'm thinking, you're going to destroy evidence? >> i was just -- >> certain items that might have been really key to the big mystery of why they left that house are gone. touched. moved. cleaned up. it's ridiculous. >> so one of the things they thought happened, at least, for the san diego sheriff's department, which was in charge of this investigation, they assumed the family crossed the border into mexico. a key piece of evidence. a surveillance video from the mexican border showing a family of four that very much looked like the mcstays. and the rest of the family was sort of split on, was it them or wasn't it them? they also found evidence they were searching for passports on the home computer and paperwork required to take children into mexico. they focused on that. meanwhile, the bodies were found about 200 or so miles north of the mexico border. >> unbelievable mystery. the bodies just -- their bodies just found late last year. >> right. in november of last year, and these two shallow graves, and, of course, authorities aren't telling us anymore what was in the graves or how they may have died just yet. >> a lot more ahead. randi, thanks, it's a cnn special report "buried secrets." who murdered the mcstay family? airs tonight right here on cnn. coming up on "new day." ready? the category -- "jeopardy" champions. the clue? the woman who won "jeopardy" the most. the answer, in the form of a question, of course. who is julia collins? we'll speak with the champ live. she's racked up more wins than any other woman on the show. hi, champ. this is the first power plant in the country to combine solar and natural gas at the same location. during the day, we generate as much electricity as we can using solar. at night and when it's cloudy, we use more natural gas. this ensures we can produce clean electricity whenever our customers need it. ♪ ♪ ♪ ♪ what's your favorite kind of cheerios? honey nut. but... chocolate is my other favorite... oh yeah, and frosted! what's your most favorite of all? hmm...the kind i have with you. me too. free hot breakfast options. hampton, enjoy our you did a great job. it looks good! ...then fuel up with double points or double miles on your next getaway. make every stay more rewarding and feel the hamptonality winning for 1999, this new england writer is the last person to win an oscar for adapting his own novel. 30 seconds, players. good luck. we come to julia collins now, our champion. and her response was -- michael shaiman, is incorrect. so it's going to cost you everything you had. he is our new champion with $22,600. welcome to the winners high level. >> from last night's "jeopardy" marked the end of julia collins history-making run on the hit game show "jeopardy." after 20 games, she holds the number two spot for the most consecutive wins in the show's history, and the most wins by any woman contestant. taking home an eye-popping $428,100. don't forget the $100. >> nope. >> collins is trying to catch up with the grand master who won 74 straight games a decade ago and is here in our studio. we can hardly stand it. such a delight to see you. >> welcome. >> we don't want to say sorry, because you didn't way. congratulations. you must feel fantastic. >> thank you. i do. i couldn't have asked for a more wonderful time on the show. everything comes to an end. >> well said. >> this happened last night? >> yes. >> so what's was it like in that moment? did you think you were sure of the answer or just needed to go for it? >> well, you make your bet, before you see the clue. so i thought -- i think this guy's going to really go for the win. who ended up winning. so i don't know. i may not have made the same bet if i had it to do over again, but he got the answer right and i got the answer wrong. so -- he was going to win, win no matter what. >> how do you balance, the achievement you've had sheer ama here is amazing, unparalleled. number two all-time. how do you balance the two? >> it's disappointing, were ut part of what helps me get through it is that i'll be back for the next -- prize money. i'll be back for the next tournament of champions. so it's not the end of the line for me playing the game. >> true. >> so much fun to be up there playing, hitting the buzzer prp it's a great experience so i'm glad it's not completely over for me. >> do you think it will change going back to the champions? do you think you'll change your strategy or stick to the same strategy you've been going with? >> i'm not sure. i probably will mostly stick to the same strategy. >> click on the buzzer. >> click on the buzzer. that's key. no matter your strategy, that's a key component. that won't change. >> you had actually tried out for the game before, got a case of the nerves. is that what did you in. >> >> oh, yes. i definitely think that was it. you do a mock interview. i couldn't string words into a sentence. >> how did you come about for the second time? >> the second time i knew the tryout process and knowing what to expect made me-ality mo a lo relaxed. >> how's life going to be different? >> i'm not sure. i mean, i'm sure. so that's different. it's been a whirlwind. i'm kind of just seeing how things go and enjoying this, enjoying the excitement while it lasts. >> it seems there is absolutely no down side to this whole experience for you. >> no. it couldn't have been better. i had a wonderful time playing. a wonderful time playing the episodes. having a great time. >> what are you going to do with all of that cash? >> probably i'm going to save it. >> good for you. >> pay taxes first. >> good. >> do you feel compelled, do you think, if you were the champ, to answer every form of the question? >> you asked that question, why? >> because you could be a champ. >> got me on thatthat's why she's the champ and i'm the chump. do you feel like that? the game is still afoot? you're still in game mode? >> a little bit. i hear things and think, oh, i'll remember this in case i get it as a clue. >> interesting. >> oh it's still on my mind. >> that's unbelievable. >> in terms of how you prepare. this is the part that i -- i think i would get overwhelmed with. i would feel compelled to do all of this reading and research. >> you're like that now. >> well -- >> what did you do to sort of keep present in it, but also be ready to go? >> well, before i went on the show i did study quite a bit. i reread old textbooks. i got some reference books to make sure i knew what the different shakespeare plays were, and plots. i studied quite a bit. once i got on the show, once i was up there i tried not to stress about the things i didn't know. there were plenty of thing ice didn't know. >> what's your favorite category? >> probably literature. i read a lot. >> even though it kind of wound up leading to the question that let to the end of the reign, it's still the favorite? >> still the favorite. i had a lot of success with it. >> you will never forget that answer. >> i won't. >> so proud of you. congratulations. enjoy this. >> thank you for having me. >> go travel. >> an amazing achievement. >> really is. awesome to have you here on "new day." >> well, thank you. >> it is awesome. coming up, bravery in action. we got more good stuff for you. a 7-year-old boy takes on a man he says was trying to grab his friend. the story ahead. ♪ [ girl ] my mom, she makes underwater fans that are powered by the moon. ♪ she can print amazing things, right from her computer. [ whirring ] [ train whistle blows ] she makes trains that are friends with trees. ♪ my mom works at ge. ♪ my mom works at ge. honestly, the off-season isn't i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list, which has been absolutely absurd since the big game. with skype, it's just really easy to stay in touch with the kids i work with. alright, russell you are good to go! alright, fellas. alright, russ. back to work! and that's epic, bro, we've forgotten just how good good is. good is setting a personal best before going for a world record. good is swinging to get on base before swinging for a home run. [ crowd cheering ] good is choosing not to overshoot the moon, but to land right on it and do some experiments. ♪ so start your day off good with a coffee that's good cup after cup. maxwell house. ♪ good to the last drop time fora ar"the good stuff" 7-year-old, a regular little kid, looks like. this story proves he can be tiny and mighty. he was playing outside not even 20 feet from his front door with his 10-year-old neighborhood. a man gets out of a car and tries to grab her. he didn't run. he dhochose to fight to save hi friend. >> and he -- >> kicked him in the side of the leg is what he just said. his brave actions surprised his family. of course they did. >> i can't stop talking about it, because i'm just in a state of shock. still by him being so young and he did that for a friend. that's amazing. >> most would be scared, compliant. not him. marcy runs home flustered, but safe. her mom had only gratitude that he was there to save the day. >> we call him our little hero. yes. he was very, very -- we were blessed that he was there. >> they are safe, he is gorgeous and he is a hero. good for him. you're "the good stuff," my man. appreciate you doing the right thing at the right time. a lot of news this morning. over to carol costello in the "newsroom." >> thanks a lot. have a great day. "newsroom" starts now. happening now, in the "newsroom," a p.o.w. and a president. >> you make sure that you try to get your folks back. and that's the right thing to do. >> the law. >> did president obama break the law? >> yes. >> this morning, brand new information. a new timeline, and new questions about what should happen to