inviting us. fair, balanced and unafraid. greta goes "on the record" right now. right now an american marine who served two tours in afghanistan is in a mexican prison. frightened and terrified. and only "on the record" is taking you there. we're investigating, retracing sergeant andrew's roots taking you along the identical roads he traveled the night he was arrested at the border. we are now live at the u.s. mexican border. and we are just back from two days at the mexican prison where we were ready to interview the marine andrew. he wanted to talk with us. his mother and his lawyer wanted to talk to us. even prison officials said we could interview the sergeant in the prison. but after we waited outside the prison for two full days, other prison officials decided to keep us out. refusing to let us interview him. we are with the marine's mother and she got into the prison for a family visit to see her son face to face. more on our investigation. our interview with the marine's mother jill tam resty. >> jill, you went inside today? >> i did. i did, greta. >> is this the first time you have been to this prison. >> this is the first time. andrew was in la mesa the first time i seen him april 14th. >> you have seen him since april 14th? >> no, i haven't. >> but you get phone calls from him. >> yes, i do. >> tell me what happened. take me step-by-step. you went inside the prison security check? >> many security checks. first time experience. i was strip searched. it was a female officer in a private booth, but i had to completely strip down. >> i take it the woman was polite to you during the strip search. >> yes. it was humiliating experience. i wasn't prepared for that but i was willing to do that in order that i could see my son. so it's not ever about me. it's about trying to gain his freedom back. so once i went through all of that, then there was an english-speaking military guard or prison guard who escorted me through. and so then andrew was in this big open, like a gymnasium, i would call it, but not with gym equipment. so i saw andrew. >> saw him from how far away? >> so it was a huge like gymnasium. so he was in the back. >> alone or were there others? >> no. all by himself with about six or seven guards that i could count. >> he had six or seven guards? >> yes. so in his proximity were six or seven guards. >> all the attention on your son? >> yes, yes, yes, yes. >> no one else was there? >> no one else. a wig open gym. and so then they told him he could approach me. and he didn't have any shackles on but, you know, like a mother does, started looking at him from head to tow. i noticed he had red marks on his wrist. and i thought is that from the shackles? he was shackles in 35 days from la mesa. >> he said, no, no, no. they just took these off. wherever he was in his private cell they had to shackle him to get him to the open gym to see me. he wasn't shackled when i saw him. >> what was the first thing you said to him? >> so we hugged, we hugged. he said thanks so much for coming out. >> how does he pass the day? >> he told me today he sleeps a lot. i mean, it's hard to maintain your positivity and your will, so he is sleeping a lot. but he says he tries to exercise and the portions are very very scant. so he is hungry most of the time. he had hoped that i would bring him food. and we did try it bring him food but they wouldn't let us bring any food into the prison. i had the food in my bag but they wouldn't let us bring it in. >> what were you trying to bring in? >> i was trying to bring in apples, fresh fruit, sandwiches, protein turkey to build him up, but i wasn't able to do that i was able to get him some more -- he only had one pair of pants. there is a bucket in his cell where he is he expected to wash his one pair of pants. so thank god i was able to bring him another pair of pants. so he have a pair of pants to change into while he tries to lawnder his other one. and i was able to bring him two books. >> what did he say about the way he is kept? he is in a single cell? >> much improved from la mesa where he felt he was going to be executed by the general populace and his life threatened. now, at least, he is in a private section where -- i didn't see it but he tells me there are 10 cells but they are all empty. he is the only one housed in this section. there is always a guard there. >> outside his cell? >> he is just sitting outside his cell looking at him. >> yes, yes. >> one of the things always of concern when i used to practice law solitary confinement is a horrible punitive measure. does he very a sense -- does he very that sort of frustration of being held alone or some -- what are the conditions? >> he hassen appreciation for the solitude right now because his life was threatened in la mesa by prisoners. and so he just knees to stay alive so that he can eventually have freedom. so i think he feels secure with not being around general populace. he is not a criminal. he made a mistake. made a wrong turn. he said at the border i have got guns. i don't want to be here. i want to go home. he doesn't want to be with criminals. he is not a criminal. he does have access in that area to a phone call. so i'm always just so relieved when at least i am able to talk to him almost on a daily basis he calls collect. and then i talk to him about everything that's being done to build his hope up so that he doesn't feel abandoned and hopeless. he wants to tell the american public, you know, what he is going through and how he is fighting for his freedom and please don't forget about him because he has he feels abandoned. other than the legislators that are writing letters and there are plenty of legislators writing letters on his behalf. his attorney has not give him any promise of any immediate or even short-term relief. >> so as you got up to leave what did you say to your son? >> we always pray and we always put everything back that god's hands to continue to protect andrew and to protect the officers and the jail that are protecting andrew. and just pray that, you know, we'll get that miraculous relief soon back to freedom. of course, all of america is supporting him. i tell him about the whitehouse.gov petition because that's the only hope i have that the white house will acknowledge that andrew is in prison because that is a mechanisms if i get this 100 signatures. it requires the white house to respond. even if it's just we know andrew is in prison. to be able to tell him that his commander and chief. is he still a marine. he is an inactive reservist until 2016. grsh his commander and chief is president obama. i haven't heard from president obama. if you could sign that white house dotted gov petition. i will get a response from the white house about andrew's freedom. >> as i listen to you talk, i think what if he didn't have a mother? what if he didn't have a mother determined to come here and pound pavement. you wonder what would happen to most americans. >> i can't even imagine. i could only think they would literally be buried in this system. it's a foreign country. it's a foreign prison. it's a foreign legal system we still don't understand our rights and legal representation. what is still being asked of him by his legal representative we don't agree with not what we would do in america. is he so frightened because i chose a mexican lawyer that i thought would be best for him one that there wasn't a language barrier. there is so much difference. >> what's the story with the different statements that he has made are there some inconsistencies? >> yes. what happened? >> he was directed on what to say. not the part about getting lost and making a wrong turn. >> he was directed what to say. what do you mean? >> he got lost, made a wrong turn and ended up in mexico. telling everybody that he had three guns that's in his statement. but what the attorney directed him to say was andrew, you don't know this system here. have you got to trust me. we have got to make this simple and short. you're going to say you just got here as if it sounded like you got here yesterday and. >> he court reporter that he had been to mexico for the first time. >> that he has never been to mexico. >> did he correct that at some point. >> he has asked the lawyer to meet correct it because, when i got the phone call, greta, i got the phone call after he disclosed that false statement and he said mom, what lawyer did you get for me because he just made me lie? i said what do you mean he made you lie? he told me i had to say that i had just gotten here and i have never been to mexico and that's what i have to say and i said well i'm going to call him right now. did i call him up and i said what do you mean you told my son to lie? it's the whole truth, nothing but the truth so help you god. my son has nothing that would incriminate him what dlt you are lawyer say when you said that. >> this is america. we don't practice common law. we practice civil law. >> what did that have to do with the false statement. >> everything is going to be about oral arguments. and the prosecutors aren't going to trace back any records because i he said to -- i said to the attorney on the phone, and i emailed him and i said, it's a lie. i said i'm pulling up his bank account right now. i can see -- can i see one time that he was in tijuana. i said certainly the prosecutors are going to get that. >> all right. one of the suspicions quite naturally would be whether or not he was trying to sell the guns in mexico or whether or not he was running drugs or something. do you know his financial situation? >> absolutely. when he got out of marine corps in november of 2012, active duty. he had more money than i did. he had $100,000 between a savings and his checking account. but andrew would not sell his weapons for any price because that was his self-defense that's like a carpenter that carries a hammer. and a plumber that carries a rotor rooter. a marine owho served four years, four years in the combat duty in the helmand province as a 50 caliber gunner, biggest gun on the battlefield. he carried his gun for a purpose. and that's because it was self-defense. it was u.s. legal purchased. second amendment right to carry firearms. he needed those firearms for his own sense of security. he never, not for any price would he have sold those guns he does not have the profiler of someone who needs to sell their weapons. >> there is natural love and sons will believe we'll always believe the best is there any suspicion at all that he is involved in any sort of drug running or -- i mean, just like step out a little bit. is there anything he could have been doing he? hasn't been arrested for any drug charges but this is a drug, you know, corridor. >> absolutely clean whistle. except for the fact that i started noticing him drinking vodka he wasn't reliant on that substance on alcohol. >> was he ever arrested before? >> never. >> never? >> no conviction? >> never n. never, never, never. never. never. >> meritoriously promoted on the battlefield just two years ago. >> in afghanistan? >> in afghanistan. and that is a very rare accomplishment. when he was in afghanistan and developed ptsd his car hit an ied? >> i believe one of many. one of many very violent situations was that the the m rap that got blown up in the ied. he was the driver and got the most impact. they all walked away. it was the driver's side this was the worse. they all walked away. he also has a huge scar on the back of his head where he fell off of an m rat actually hit his head going back next to one. hit his head on the way down on another mrat and out cold. so my husband always said angie, you need a brain scan. we think you have traumatic brain injury. maybe that explains why you are agitated and anxious. you think you are under some kind of surveillance. zu this hyper vigilance for self-defense. you are starting to drink. let's go get a brain scan. he was finally getting help march 12th at the v.a. >> had he ever sort of waived -- since the time he came back from afghanistan, did he ever use his guns in a threatening way? >> once in may, i want to say it was may 2013, there were no charges. in the family home, he always carried his concealed weapon it was always in the back of his pants or in his pocket. my daughter's boyfriend at the time. they got into an altercation. i don't know what it was about. but there was very -- he felt very threatened. he actually pulled his 45, but it wasn't loaded for self-defense. he literally felt like he was gonna -- i know this gentleman had a knife. i don't know if it was in view or not. so anyway, yes, he did pull in his home his 45. and so, of course, the police came. i have that documented record cchings called incident record because there were no charges. when he felt his life was threatened that may 2013, he did pull out his 45 but the incident documents it wasn't loaded. >> and we're going to take you back to mexico. we're going to travel the identical route the marine took. you will see firsthand how he ended ups croing the border and you will only see it right heres "on the record" continues live from the u.s. mexican border next. ameriprise asked people a simple question: can you keep your lifestyle in retirement? 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[ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long. we're coming live to you from the u.s. mexican border. we just spent two days at the mexican prison where american marine andrew is being detained. he is accused of illegally possesses guns in mexico. guns in his car as he drove over the border. he says he lawfully possessed those guns in the united states. never intended to drive it into mexico. just made a wrong turn. how can that happen? we went to the scene to investigate here is tijuana. here is where people go to party. a quarter of a mile away. here is where everybody parks. you park your car and then you go over to tee within a any to party. on the night of march 31st, the sergeant came out of here. wanted to go back to san diego. so he pulls out and san diego is that direction. so naturally you are going to look for a turn in that direction. as he pills out, it looks at the sign mexico only. that's not illuminated sign and only is rather faded. the other sign over here which says mexico only no usa there is graffiti over the usa. not familiar with the area it's really easy to make the wrong turn. if you want to go to san diego. if you go that direction, you are going to end up in mexico. the sergeant after he made the left turn to presumably return to san diego. he actually got routed into mexico. if you look there is all these lanes with barricades and the only option you have to get into the return to the u.s. lane is if you can go over to that far left lane. but, he had all those barricades that he couldn't -- wouldn't allow him to get into that lane. so he drove in his lane. and it's now the far right lane. if he wanted it return to the united states, he would have to get to the far left lane. but it's impossible with all these barricades. so there was no option but to drive into mexico. there was no option to make a u-turn. and to show you how complicated it is to make the roads around there. we decided to drive the marine's route ourselves. >> we're making the freeway entrance and we are north of the point where sergeant picked up the freeway idea what his options were freeway coming upon it we are headed south. we are headed towards mexico. and i'm going to get over into the far left lane. because it's only the far left lane where i'm going to have an option to turn around there is a reason why we didn't make the same turn as the sergeant did. and recreate it just exactly. because if we had made his contact turn, we would have ended up in mexico, which is why we went a little bit north so that we could then get on the freeway and get over to the far left side. he just couldn't do that making the turn he did. we are coming right up to where he got on. right beyond this shrubbery. all right. i'm staying in the left lane because i want to return to the u.s.a. you can see the return usa sign. and so i can stay in the left lane. but he is over here to the right. he can't get over here to the left lane i'm in so he can make the u-turn. this is the only lane that you can make this u-turn but you can see how he has got to cross which would be impossible all these barricades. this is where the u-turn is right here. i'm making the u-turn. he couldn't get over. he would have to cross over. cars are going it's late at night and it's dark. i have got the option. i'm making the last choice but he couldn't get over to this point. so you can see how impossible it was for him to get to where i am making the u-turn. i'm making the u-turn to go back to the u.s.a. but he could not. look over here to my left, see his options were zero. he couldn't cross over the cement barriers. and so he had to go to mexico. and sergeant's mother tells us her son does not understand his legal rights in mexico. what are the legal rights? we're going to talk about that next live from the u.s. mexican border. plus, it's happening again. another graduation speaker controversy. but this time the commencement speaker is not holding back. he blasted the students. that's coming up. you will hear it. there's a gap out there. that's keeping you from the healthcare you deserve. at humana, we believe if healthcare changes, if it becomes simpler... if frustration and paperwork decrease... if grandparents get to live at home instead of in a home... the gap begins to close. so let's simplify things. let's close the gap between people and care. ♪ that's odd. 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(elder couple laugh) okinawa life! this is a foreign country. it's a foreign prison. it's a foreign legal system. we still don't understand our rights we don't understand our legal representation. we are going on seven weeks. there is yet to be a hearing before the judge of any kind of evidence. so we are seven weeks and nowhere. >> ast marine's water in prison. we have just returned from the prison where sergeant andrew is being held the mexican legal system is very different for our own and that spells trouble for this jailed u.s. marine. nice to see you kimberly. >> thanks. nice to be here, greta. >> okay. kimberly, give me the lay out of the field. how is our system or the mexico cab system different from our own? >> oh, goodness, greta. our system is so different than the mexican system. for starters, the mexican system relies on the crux position that you are guilty until proven innocent. so it's the complete opposite of our system. and then everything else goes from there. there is no bond based on personal recognizance in their system. there is no jury system. there is no speedy trial act. there is no right to take the stand or to cross-examine witnesses. so, there are so many differences. also, in this system, the judge really has complete control. so he is making the final decision of guilt or innocence. but he also acts as a fact finder in the system, which is very interesting, again compared to our system where the judge is supposed to be completely neutral and we allow the prosecutor and the defense attorney to argue the facts and then present that to the judge. in the mexican system, the judge actually will order and investigate facts and then go on and make the final decision. >> well, you know what i thought was peculiar in talking to andrew's lawyer today is that it also is done in such piecemeal. andrew was arrested march 31st and then the following, about six or seven hours later he was brought to the prosecutor, not a-to-a judge and he had to give a statement to a prosecutor. he had appointed lawyer there. and then several weeks later he meets with the judge. and he gives another statement. and then several weeks later after that he meets and gives another statement. this feels like it could have gone on endlessly. it's not all one time so you can compare the evidence or at least look at what you have. >> that is very standard in their system. it is very piecemeal because you have the judge who really is the sole investigator and decision maker. the problem is, in their system, again, no speedy trial act. and if for any crime that you're looking at where the maximum punishment is beyond two years, a judge has a year to make a decision and typically that takes a year, two years, three years. and so you have a person accused person that is presumed guilty who is sitting in jail waiting on this judge to make a decision who has really no realtime limits to do that within. it's a real problem. >> kimberly, thank you. >> thank you, greta. >> and secretary of state john kerry is heading to mexico city on wednesday. is he going for talks on trade education security. but should secretary of state john kerry bring up the detention it of our u.s. marine? lt. colonel oliver north joins us from washington. good evening, sir. your thoughts about this marine in this prison in mexico? >> well, greta, sergeant may be the only person the obama administration has ever kept from entering the united states from mexico. if the state department is telling the truth, and secretary kerry is heading to mexico on wednesday, he has already screwed up our foreign policy in iran, egypt, syria, israel, and ukraine. this is his chance to get it right. here's your instructions, john. bring the boy home. mexican bureaucracy, greta, as you know may well be more incompetent than our own department of veterans affairs. at least the sergeant is still alive. it's time time now for a high level intervention. >> you know, ollie, we spent the last two days, we were promised the last three days to go in that prison and interview them. everybody promised. they pulled every red tape to keep fox news out of that prison today. we sent the mother in for a social visit. here is the interesting thing is ollie. i think ill would have made the exact same turn as this sergeant did when he left that parking lot because san diego was to the left so you want to turn to the left to go there. how do you know it would loop down into mexico with no exits. now you end up in mexico. the sergeant says that he lawfully possesses those weapons in the united states. that's bhea says. now, you can't possess them the problem is in mexico. so he gets arrested after he tells the mexican border i have got these guns. he wasn't smuggling. they didn't charge him with smuggling. >> well, in fact, i think they probably know better. and that's why this really is time for a high level intervention. apparently from what his mom just said to you, he is suffering from the effects of traumatic brain injury, post-traumatic stress from combat. it's time for this administration to plead some humanitarian relief, get this young man back home and into some kind of treatment. i know that congressman duncan hunter has written several letters. can i only add this. who does he think he is? a congressman? this is the state department that ignores congressional subpoenas about four dead americans, one of whom is an ambassador, another one is a foreign services officer. so why would they bother to answer a letter from congressman about incarcerated marine sergeant. it's stunning the way this administration works. >> i will tell you the that congressman hunter has been helping us so has senator lindsey graham. they have been trying to help us the last few days in getting in there the other sort of thing about this is that on march 14th, this marine, who has ptsd, was -- he actually went to a v.a. facility here in california because he was looking for helps, because he does have problems from his experience in afghanistan. and only two weeks later when this happened. and now a very troubled marine is sitting in a very ugly situation, a prison in mexico and this could go on forever. >> it's a wonderful opportunity for john kerry for once in his life to do the right thing. i would also like to know, gte, just between you and me, was this trip to mexico by the secretary of state arranged before or after the secretary was subpoenaed for the house government reform committee? also an interesting thing to know. >> i have no clue on that. that's above my pay grade. i will tell you though ollie, the way the mexican judicial system operates and the facts of this case this is a huge terrible injustice. we need some prosecutor just to take a look at the facts right now. and we can show them our own videos. and we can show them the records on the guns because, you know and the 911 call after this happened. all of that indicates that this young guy made the wrong turn. >> indeed. colonel north, always nice to see you, thank you, sir. >> thank you, greta. >> our live coverage continues. could the marine's 911 call that lt. oliver north just mentioned be the key to the sergeant's freedom. >> i'm at the border of mexico right now. my problem is i crossed the border by accident and i have three guns in my truck and they are trying to possess -- they are trying to take my guns from me. >> up next, sergeant's mother tells us exactly what prompted her son's desperate 911 call for help. plus, e brother, get ready for one. federal workers spending money donating to the poor on first class air fare and massages. that's coming up. mine was earned in korea in 1953. afghanistan, in 2009. orbiting the moon in 1971. 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[announcer] help him keep those muscles while he loses a few pounds with beneful healthy weight. made with wholesome rice,real chicken,soy, even accents of vitamin rich veggies. it's calorie smart and tastes so good. beneful healthy weight from purina. a u.s. marine's plea for help desperate call to 911. here is part of andrew tahmooressi's 911 call from the border. >> i'm at the border of mexico right now. and my problem is, i crossed the border by accident. and i have three guns in my truck. and they are trying to the marine's mother jill tahmooressi tells us about the weeks leading up to the arrest and 911 call. >> may or june of 2013. he moved back home and that you noticed problems that he was essentially hyper sensitive about security. >> yes, yes, yes. >> that's why he had the guns? >> yes, yes, yes. >> it's fair to say he was troubled? >> yes, yes, yes he was troubled. >> which is why he then went out to san diego to go to the v.a. >> yes. >> at the v.a. getting help about two weeks before he -- >> -- march 12th. >> march 12th he goes to the v.a. in san diego. they do a report. >> yes. >> they document the fact that the ied, the ptsd. >> yes. >> and they begin, i suppose, to develop some sort of program. >> yes a treatment plan. >> meanwhile he goes back to living his norm will mall life and that's when on march 31st he drives to the border area? >> that's right. >> parks his car on the u.s. side. goes into tijuana for a time. when he goes out, he goes back in his car, guns in the trunk, leaves the parking lot. when he leaves the parking lot he makes the wrong turn instead of going towards san diego, he made a left turn in which curiously if you go left you would think you would go north as it turns out go left end up looping around into no exexit lane in mexico. >> that last left mistake auto feet from the parking lot. that's the sign that has graffiti on it as well there is a sign there but at 11:30 at night, i'm not sure that i would be able to see it. >> as he enters mexico, he gets stopped at the mexican check point? >> yes, yes, yes. >> does he volunteer to them "i have three guns in the trunk?" >> i don't want to be here. this is a mistake. it's an accident. i don't mean to be here. will you let me turn around? i don't want to go back to the border. >> and i have three guns. >> i have three guns. i want to go back to the border. absolutely declared it open and honestly. >> at what point does he make 911 call while he is still at the check point? >> he told me was hopeful at that one point in time before the 911 call because it was only the customs agent. and it seems like the customs agents were being quite accommodating like okay. and he actually thought that they were flagging kind of an escort car that would help a lost motorist in that situation. get turned around because it would be illegal to turn around, you would be going opposite but he thought that he was getting help. an escort to get back to the border. but then within minutes he realized that there was a whole lot of conversation going on and now another group of not customs agents but military have come. he said 20 with guns. and that's when he dialed 911 because now he is affronted by military with guns. he knows he has got guns. he has already told the customs agents that he has got guns and he wants to get back to motorcycle. so he dials 911 to say i've got an emergency here. and we all know now what he said on the 911, but it's clearly i accidently entered mexico. but at one point is he almost hopeful that he is not yet in mexico. is he hoping that he is still on american soil. >> who actually open the trunk? >> you no, you have to picture a ford f-150. it's not a trunk, it's a truck. so you have got the big, you know, bench seat and he has got the whole bench seat in the back. it fits six. so in his backseat is piles of hefty bags of clothes that he literally packed. he packed in hefty bags and a few suitcases that he does own when he left at christmas time to head to the family cabin in tennessee. so, and all that stuff has always been in his truck. >> where are the guns at this point? >> in a suitcase. >> in the suitcase in the far back. >> well, there is only one backseat. >> is there an area behind that backseat. >> oh, no, no, no. only one backseat. >> in the backseat in a suitcase. >> on top of hefty bags full of clothes. the 45 is where i would have thought it would be because it's always in the pocket of his car. >> loaded? >> i don't know. all i know are the three guns. >> and is there any suggestion, as far as you know, that he was in any way reaching for a threatening or doing anything with those guns? >> no. >> he that he notified the mexican -- attention on the fact that u.s. marine in this prison? >> yes. >> but sort of the side story of this, is that, you know, there is so much attention now on what we are doing for our vets, when they return. >> right. >> and i guess what, you know, caught my attention to the fact that here is a young man who has returned. he has had several incidents in afghanistan. ied blowing up his military vehicle or the front of it. obviously having trouble. and then going to a v.a. hospital to try to help trouble and then two weeks later we have this situation. >> it's tragic. it's tragic. this situation clearly was a mistake. an accidental turn. i mean an innocent wrong turn. but, we're from florida. that's not a border state. we don't have that sensitivity about the hazards of being so close to a border to be quite frank. and in florida we don't always hear a lot of news about mexico. so if you think about a floridian who is really just relatively new to san diego you don't understand the hazards of being so close to a foreign country where the guns aren't allowed and legal system is so different it was an innocent mistake. >> i actually the bigger issue because i have driven. this i have actually now driven where your son was, that left turn, i'm not so sure i wouldn't have made that same left turn because those signs, especially at night when it's dark, i might not have noticed those two signs it made more sense to turn left to go north to san diego. i would have thought that was the direction towards san diego not knowing it would loop around to a street that you were then forced into mexico. >> yes, yes. i would not think thats watt direction of mexico. >> right. >> anyway, that's just me. >> thank you, greta. >> up next. other news stories grabbing our attention tonight. back in the u.s., did california just win something very big? i don't mean the preakness but something else big. that's coming up. and just give them the basics, you know. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement, we'll help you get there. wbecame your business. passion... at&t can help simplify how you manage it. so you can focus on what you love most. when everyone and everything works together, business just sings. i couldn't lay down it was a i couldn't sit up because it burned so ch. as first ladof our church we have meetings. we have activities. and i couldn't do any of that. any time anythg brushed up against thisash it would seelike it would set it on fire again. it was the worst pain i ever had. we're live at the mexican border, but right now let's take a look at the stories everyone is talking about back home. first, the latest graduation speaker controversy. william bowen speaking at the college yesterday. bowen was asked to speak at the last minute. the original speaker, the former chancellor of uc berkeley cancelled following faculty and student protest. get this, during the graduation speech slammed students at immature and arrogant for protesting the original speaker. >> i'm disappointed at those who wanted to criticize the hand links of events at berkeley they had every right to do, chose list of demands. in my view they should have encouraged her to come and engage in serious discussion. not to cow tail between his legs to respond to indictment that a self-chosen jury had reached without hearing counter arguments. aggravated as he every right to be, i think he should be with us today. >> it 50 students and professors had defended the former berkeley chancellor meet nine different criteria before he would speak. clearly he declined. outrageous news. workers spending poor including luxuries for themselves including massages. federal workers and contractor diverted more than 1 million of chirtable donations to spending on luxury items. in office massages. they used funds donated for the poor to pay for hotels, first class airfare, room service and pay per view movies. the movies don't apply to don't donated funds not taxpayer money just mope meant for the poor. for the first time since 1978 there could be a triple crown winner after all. news breaking today that california chrome will race in the belmont stakes after the new york racing almost stopped him in his tracks. sean joins us. what's the big victory that horse had today. >> equine naval -- stay in sal strips. they have given california chrome the right to ware equine nasal strips. won six in a row wearing these strips. they are like the breathe right strips that humans use. they open up the nasal passages a little bit. they're legal in racing. and 37 out of 38 jurisdictions before today. new york used some common sense and we have a chance for a triple crown. >> sean, now, are the other horsing going to wear them and does it make the horse any faster? >> i spoke to the head of the american association of equine practitioners. it's not performance enhancing substance or device or anything. it on mizes breathing. california chrome was the only horse as i understand it in the kentucky derby in preakness to wear the strip. but the horse -- the jockeys, the horses have every right to we're them. they could have chosen to wear them too. and maybe now in the belmont some of the other horses will wear them seeing that california chrome has had such success with them. >> all right. we only have 15 seconds left. longer race at the bell memorial hospital is california chrome expected to win? >> always expected to win. everybody gets their hopes up. 13th horse that we have seen. but we have had so much heart break in the triple crown since 1978. horses getting hurt. horses losing at the last second. we can only hope. if i'm putting money down. i will take the safe bet and go with california chrome. >> sean, thank you. >> no problem. more live coverage from the u.s. mexican border as the marine and mother fight for freedom next. don't forget to watch hannity tonight. senator john mccain join sean to talk about the v.a. scandal that's tonight at 10:00 on hannity. capitato make it happen? 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"on the record" is investigating the case of andrew tahmooressi jailed in mexico. live at the border and just back from two days at the mexican prison where we were ready to interview the marine. sergeant tahmooressi wanted to talk with us. his mother and lawyer wanted him to it talk with us, even prison officials said we could interview tam resty. after we waited outside the prison for two full days, other prison officials decided to keep us out. thanks for being with us tonight for this special edition of "on the record." right now go to gretawire.com and answer this: do you think secretary of state john kerry and the state department should be more aggressive in trying to get