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Bergdahl Prisoner Swap Ignored Law Requiring Congressional Notification of Gitmo Transfers; New Apple Gadgets in Stores; Journalist Talks About Coping with Captivity; World Traveler's Selfie at Landmark Top.

Aired June 2, 2014 - 14:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(COMMERCIAL BREAK)

BROOKE BALDWIN, CNN ANCHOR: Bottom of the hour. I'm Brooke Baldwin.

After Bowe Bergdahl's release from captivity, people of Bergdahl's hometown in Idaho are not the only people celebrating. So are members of the Taliban. Take a look at this video. This is video of the homecoming received when five Guantanamo detainees arrived in Qatar. Then you include a former interior deputy chief and a former interior minister. The U.S. traded them, these five men, in exchange for release of this one American soldier. The Taliban commander is calling the deal a victory. You know what many in Congress are calling it? Surprise. Does that mean the president broke the law? Federal law requires notification 30 days before any terrorists are transferred from Gitmo. But Obama's chief of staff says this:

(BEGIN VIDEO CLIP)

DENIS MCDONOUGH, WHITE HOUSE CHIEF OF STAFF: This was a result of several years of effort by our diplomats and brave men and women in uniform. Let's also be clear about how we got this done. We have been consulting with members of Congress about this effort, including the potential transfer of five Gitmo detainees for years. I know this because I have participated in many of those consultations myself when I served on the staff of National Security. So this should not have been a surprise to any members of Congress who have been consulting about it.

(END VIDEO CLIP)

BALDWIN: Let's a talk about this with Michael Smerconish, CNN political commentator, and host of "Smerconish" right her on CNN. Also with me, our senior legal analyst, Jeffrey Toobin.

Jeff Toobin, I just want to begin with you here.

Listen, this has been years in the making. Congress knew, A, and, B, they had to move quickly because of the serious concerns about Bergdahl's health. Yet, you say that the president broke the law. Explain?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: The law, as I read, it says that Congress has to be informed specifically when a trade or release is in the works from Guantanamo and there was no disclosure within 30 days. It may be that that law is unconstitutional. It may be, as President Obama, when he signed it, that when there are exigent circumstances and in an emergency, he doesn't have to inform them, but that's his opinion. The law says what it says and it looks to me like he violated it.

BALDWIN: On that point, Michael, I know you're getting all kinds of reaction from your radio listeners. What are they saying, breaking the law or not?

MICHAEL SMERCONISH, CNN HOST, SMERCONISH: You know, that's really not the issue that's at the top of mind for radio listeners. Brooke, I spent close to three hours on this issue earlier today taking calls from a nationwide audience. They are more concerned with what precedent we're setting in this case. Are we now saying go capture another American soldier and this time you can demand that Khalid Shaikh Mohammed be released? They also want to know about the underlying circumstances by which he fell into Taliban hands. And the third issue, did six Americans die looking for him? That's something we first learned as a blog post in response to the Michael Hastings story in "Rolling Stone." Now "The Daily Mail" is out showing you photographs of American service personnel, identifying them by name. That's a question I want to know the answer to.

BALDWIN: I'm sure the first time I saw it was Jake Tapper's reporting over the weekend on this, American lives lost because they were searching for this young man. He is a hero. We talked to family and friends. He is a deserter. Some people question how he disappeared. But do you think -- Michael Smerconish, I want to stay with you. Do you think the president of the United States would have stepped in front of cameras with Bowe Bergdahl's over the weekend if there were any possible worry that he was a traitor?

SMERCONISH: I'm not sure. I don't know that we're ever going know the underlying facts. I trust Jeff Toobin's reading of the law. I also suspect maybe there's an argument to be made that the president inherently, as commander-in-chief, has the ability to do what he did.

I look at this and say they want to close Guantanamo and maybe, even without Bowe Bergdahl, this is the direction in which they were headed. But I would like to know under what circumstances did he walk off of that base in 2009.

BALDWIN: Jeff, to Michael's point, in terms of a precedent possibly being set, what happens now to other Gitmo detainees?

TOOBIN: This is the issue with trades that they become very controversial because of the precedent they set and the incentives they create. When I began my career as a prosecutor, I worked on the Iran-Contra investigation. That was when the Reagan administration, in a very explicit way, traded arms, weapons to Iran for getting hostages back. There are people who say that it's worth it, as Susan Rice, the national security advisor, said, "We do not leave men on the battlefield. Mr. Bergdahl was captured. He's the only prisoner in Afghanistan and we were not give up on him." That may be. And certainly there are a lot of people in this country happy that he is coming home. But it is a complicated situation when you reward people who commit acts like this. It's hard to see this as anything but a reward to the people who took him.

BALDWIN: That's a huge question.

I'm also curious, Michael, if of these three hours you were on this one subject today, if anyone brought up the timing of all of this. We are starting to think, you had the president talking at West Point addressing the final drawdown in Afghanistan. We had the huge news drop on Friday in the midst of this veterans scandal and Eric Shinseki resigns. 24 hours later, the Bowe Bergdahl news breaks. What do you make of the timing of all of this?

SMERCONISH: I don't make anything of it. I think stuff is always happening. But your question is a great one. Do some people read into this that the issue knocked the V.A. scandal off the front page? Yes, some do. I equated it with an episode of "Homeland."

(CROSSTALK)

BALDWIN: You're not the first one.

(LAUGHTER)

SMERCONISH: -- if you watch the show. We all want to know what's in his head. There are a lot of unanswered questions. Jeff talks about how we don't leave people on a battlefield. That's true. We have that tradition. But didn't he leave himself on that battlefield, is what I'm driving at.

BALDWIN: And "Homeland" and the writers on it.

(CROSSTALK)

BALDWIN: Go ahead, Jeff Toobin.

TOOBIN: Bergdahl has not been elected to Congress yet. The parallels are not there.

BALDWIN: Heavy stuff.

(CROSSTALK)

SMERCONISH: I thought of it, too.

BALDWIN: Jeff Toobin and Michael Smerconish, thank you so much.

Coming up, Apple. Apple is making its annual big announcement. It happened moments ago. What's on tap for this year? We will tell you what the new gadgets are in store, coming up next on CNN.

(COMMERCIAL BREAK)

BALDWIN: You know the deal, there is always fanfare when it comes to big Apple announcements. Today will likely be no different. Tim Cook and company one stage right now with Apple, unveiling the latest stuff.

Let's go to "CNN Money" tech correspondent, Laurie Segall.

Totally transparent. This is going on. When I ask what's the big talker so far, we may not know the biggie yet?

LAURIE SEGALL, CNN MONEY TECH CORRESPONDENT: Exactly. Might have to check Twitter in the middle of our reports. I can tell you what was expected. They have announced IOS 10, the new operating system. They announced that and it's a complete design overall of the existing system.

Let me get into the details. They will have something called iCloud Drive. It's essentially like Drop Box. They let you sync documents between Apple devices. Also something called Mail Drop. And, Brooke, I will say, this is the thing that I thought was kind of cool. You can receive texts and calls on your Mac. One apple executive did was he got on stage with his Mac and called up Dr. Dre on stage and he said, "Welcome to Apple." It was a very cute moment. Dr. Dre responded by saying something along the lines of, what time do I have to show up to work.

And they also, as expected, announced IOS 8, a new operating system for the iPhone and the iPad. Those are interesting features as well. Also something called Quick Type. So predictive typing suggestions will help you predict what you want to say depending on who you're messaging. And then, the much anticipated Health Kit. It's a profile of your activity, your heart rate, and it's really storing all of this valuable data about your health that you're collecting from third party devices. And you can share it easier with your doctor. And family sharing, you can find where your child's iPhone is. And if your child tries to buy an app, you can get a push notification.

That's what we have got right now. I will keep you updated because it's still ongoing.

BALDWIN: Thank you. It's a pretty big deal.

SEGALL: Kind of cool.

BALDWIN: If there is anything else, Laurie Segall, let us know. Thank you so much.

SEGALL: You got it.

BALDWIN: -- for that today.

Coming up, taking the art of the selfie to new heights. This world traveler managed to snap this photo at the top of the Christ the Redeemer statue there at Rio de Janeiro, and I get to talk to him in just a couple of minutes, as far as why the heck did he do this, and what it was like.

Also ahead, a former journalist from "The New York Times" knows a little bit about what Bowe Bergdahl might have gone through because he was held captive for six months. How he managed to cope with the psychological stress of captivity, next.

(COMMERCIAL BREAK)

BALDWIN: The former "New York Times" journalist who was once taken hostage by the Taliban says he can related to what Sgt. Bowe Bergdahl is going through. David Rohde endured more than six months in captivity.

He told CNN's Alexandra Field how he learned to cope with the psychological stress of captivity.

(BEGIN VIDEOTAPE)

ALEXANDRA FIELD, CNN CORRESPONDENT (voice-over): Sergeant Bowe Bergdahl somehow made it through nearly five years of captivity. Now there are questions about what the soldier saw.

DAVID ROHDE, FORMER NEW YORK TIMES JOURNALIST HELD CAPTIVE: They will want intelligence, who held him. I don't think he will know that much. I was kept with very young guards most of the time and I didn't meet senior commanders that often.

FIELD: David Rohde, a former "New York Times" journalist was held captive by the Taliban for seven months, taken from Afghanistan in 2008 and then held in tribal regions of Pakistan until he managed to escape.

FIELD (on camera): Can you give us any sort of glimpse into any part of what he may be feeling right now?

ROHDE: He doesn't believe it's real. He's probably afraid to believe it's real.

FIELD: How long did that last for you?

ROHDE: For the first several days, went on for weeks. A lot of people say, oh, my gosh, it's going to be so difficult to return. This is the most wonderful day in his life.

FIELD (voice-over): Over the years, Rohde says Bergdahl likely found specific ways to manage and cope. That's what he did during his own captivity.

ROHDE: He somehow, you know, created daily routines that kept him sane and gave him hope. I prayed a lot. I'm sure he did as well.

FIELD: The families of those missing abroad learn to hold on to hope, too. American Bob Levinson disappeared from Iran seven years ago.

(BEGIN VIDEO CLIP)

BOB LEVINSON, MISSING AMERICAN: I'm not in very good health.

(END VIDEO CLIP)

FIELD: Last year, his family publicly acknowledged the former FBI agent had been working for the CIA, despite U.S. officials having denied he was working for the government when he disappeared. News of Bergdahl's release has renewed the family's optimism.

DAN LEVINSON, SON OF BOB LEVINSON: We are ecstatic. At the same time, we are also encouraged. It looks like the Obama administration is taking the right steps and doing what is necessary to bring people who have served our country home.

My father has served for almost three decades. I think that whatever needs to be done to bring him home should be done.

FIELD: Dan Levinson remains worried about his father's health. No one has heard from Levinson since his family was sent this video in 2010.

(BEGIN VIDEO CLIP)

BOB LEVINSON: (INAUDIBLE)

(END VIDEO CLIP)

FIELD: Declining health is one reason why U.S. officials say they moved swiftly to secure Bergdahl's freedom when they got the opportunity. The sergeant has not been seen in photos since his release.

ROHDE: This is going to affect him. People should realize that he's so thrilled to be home right now. It's so much better to be home than to still be going through this. It's hard to explain. I just had the same question asked to me all the time. Was it hard to come home? It was wonderful to come home.

(END VIDEOTAPE)

FIELD: Wonderful to come home. That's what you just heard David say. And no doubt it will be wonderful to come home.

But, Brooke, by every indication, we understand that Sergeant Bergdahl will have some recovery work to do. And we have heard his parents speaking publicly about the need to give him the space and the time to do that work.

BALDWIN: I'm also wondering, did David Rohde tell you he has been in touch with Bergdahls? What did he say about their action?

FIELD: Yeah, he has been in touch with them throughout their ordeal. He says he spoke to them soon after they learned about their son's release. He described their emotion as overwhelming. But at the same time, Rohde has been hearing from the loved ones of other Americans still captive abroad. They are excited about the news, but hopeful that it will mean something for their own loved ones. They want to see the same attention paid to the civilians who are captured abroad.

BALDWIN: Alexandra Field, thank you so much for that interview. We appreciate that. And coming up next, I will talk to this man. He managed to make it all the way to the top of the Christ the Redeemer statue in Rio de Janeiro. Snapped selfies while he was there. How did he pull this off? We will hear directly from him.

Plus, I will speak live with the man who spent five years as a prisoner of war in Vietnam. He has a chilling perspective about what is going through Bowe Bergdahl's mind right now, how he may respond to his family when he finally gets to see them.

(COMMERCIAL BREAK)

BALDWIN: All right. I know some of you are kind of over this but you may not be when you see the next picture. Everyone is doing it. Now the travel executive has taken the selfie to new heights. Lee Thompson took this selfie on top of one of the Seven Wonders of the World, the Christ the Redeemer statue in Rio de Janeiro. It took him about half an hour to climb to the tiptop of the nearly 125 foot landmark.

And Lee Thompson joins me live from London. And Chad Myers is joining me as well.

Lee, best selfie I've ever seen. What were you thinking --

LEE THOMPSON, TRAVEL EXECUTIVE: That's amazing.

BALDWIN: What were you thinking and feeling as you snapped that photo?

THOMPSON: I was thinking I am the luckiest man alive right now. It was the most incredible privileged feeling ever. It was breathtaking, amazing.

BALDWIN: It is breathtaking. I've been there, to the stairs below the statue. That was a Goosebumps moment. Can you tell me how you climbed to the top?

THOMPSON: Sure. A storm damaged the statue recently, so there was scaffolding up to the feet of Christ the Redeemer. Then it was like a spiral staircase that went right up to the shoulder. More of a tough climb to a small iron staircase and some rope to pull me up. Yeah, I was extremely lucky to be allowed in there.

CHAD MYERS, AMS METEOROLOGIST: I've pulled it up on Google Earth. We've seen the concrete Christ, but I don't think anybody understands how tall it is to get on top of another mountain. Let me zoom in here. This is unbelievable. You're not only on top of this Christ the Redeemer, but if you take a look at the rest of the topography, another 800 meters down below on the huge cliff.

THOMPSON: Yeah.

MYERS: So you know this thing gets hit by lightning all the time, right? (LAUGHTER)

THOMPSON: Yeah. It's -- as far as statues go, it's actually not huge. But I should say, on top of the mountain, it's unbelievable and really, really high. But I loved it.

BALDWIN: I think I'd be fine with the height thing, but the idea of being inside. You mentioned the narrow staircase, claustrophobia, guilty. At any point, did you think, I don't know it I'll make it?

THOMPSON: No. I was just loving every minute of it. No regrets at all. It has been absolutely fantastic. And the feed back afterwards, the picture going viral is just crazy. I didn't expect this. It's doing amazingly well for the business as well, my travel company, the Flash Pack.

MYERS: Lee, were you trying to get a better view of the World Cup?

(LAUGHTER)

THOMPSON: Yeah, but I didn't see it.

MYERS: You're too far away.

(LAUGHTER)

THOMPSON: Yeah. Pretty high up.

BALDWIN: I know, just quickly, you had to, or maybe one of your friends had to get permission from the Brazilian Tourist Board to be able to climb in that. How much convincing did it take?

THOMPSON: My friend and colleague managed to, more importantly, the church and the tourist board to let us go up and do this. It was all done above board, obviously. And this went on for about a month before we went there. Probably took three or four days of convincing them when we were on the ground in Brazil. Amazing they let us up there.

BALDWIN: What's next?

THOMPSON: Well, I've been thinking about this today, I'm not sure. There is a bigger Christ the Redeemer statue in Poland. Maybe I will take that on.

BALDWIN: All right, Lee Thompson. Thank you so much for joining me. We appreciate it.

(CROSSTALK)

THOMPSON: Thank you.

BALDWIN: Thank you very much.