president obama tests positive for ricin, a letter that didn't get anywhere near president obama, we should underscore. ricin a potentially deadly poison and that's where we begin. i'm megyn kelly, this is "america live." let's get to it. two envelopes initially tested positive for ricin, the most recent letters intended for the hands of the president of the united states. we're told that postal workers at a white house screening facility off site from the white house detected that piece of mail yesterday. it is a facility not near the white house, all mail sent to president obama is screened there, and this is the second ricin-laced envelope found in as many days. yesterday, investigators at another screening facility intercepted a suspicious letter mailed to republican senator roger wicker and now there are other lawmakers coming forward and reporting, quote, suspicious items that they have received that are

being evaluated at this moment. mike emanuel on capitol hill with the latest. >> hi, megyn, yeah, it's important to note that the two suspicious letters tested for ricin did not get anywhere close to the white house or the capital complex. they were screened at off-site facilities so the tests continue and law enforcement sources say they have a person of interest. at the white house, spokesman jay carney says that president obama has been briefed twice on the suspicious letters and offered this update a short time ago. >> the fbi has the lead for determining whether a suspicious powder is a dangerous substance such as ricin and those take place at accredited facilities and take a certain amount of time as the fbi has indicated. you know, these procedures are in place and they're in effect and in operation now and we're in the midst of that process that the fbi is undertaking at this time. >> there's also today security

activity here on capitol hill. officials not taking any chances in light of recent activity, both here and also in boston, and a suspicious package was delivered to the office of alabama republican senator richard shelby who was checked out by authorities and told we were given an all clear a short time ago. the bomb squad was sent to the nearby heart center office building. a loud speaker told senators and staffers, there was a suspicious package on the floor of the building and please avoid until further notice. that situation has been cleared. fox has obtained an operations bulletin updating what was known about the letters. both letters to be related post marks and targets and verbage out of memphis, tennessee and quote, i am kc and i approve this message.

and senator carl levin says that his office in michigan, in saginaw, michigan, received a suspicious letter and everybody on high alert on capitol hill and taking these concerns very seriously. megyn. >> megyn: thank you, i want to tell our viewers as mike was delivering his report, two more, two more suspicious letters have been reported. we're going to find out whether this is reportable from me to you in terms of the names of the senators, the lawmakers targeted and i will bring that to you as soon as i can confirm that that is meant to be made publicly available, but the point is in the past 60 minutes, the number of lawmakers who have been reporting suspicious packages or items received in the mall has spiked. now, that doesn't mean anything, anything at all. the only two peeve confirmed are the ones you heard mike talk about and this could be abundance of caution, of course, the staffers who open up letters for the lawmakers

are now going to be very careful as they should and anything suspicious will get reported. and don't know if it was ricin-laced. it's breaking quickly this afternoon on this latest threat. this is two reminiscent, folks, of something we've been through before. these ricin-laced letters remind many of us of the deadly anthrax scare that followed the 9/11 attacks in 2001. that was the last major civilian terrorist attack we have suffered in this country. the 9/11 attacks, and they were followed by anthrax and now, we see the boston marathon and now the ricin scare. back then in 2001, as many as anthrax-laced letters were sent through our postal service and five americans were killed, paralyzing the postal system and causing thousands to take the antibiotic cipro. in 2008, they named this man

an army scientist, bruce ivans, primary suspect. and he died of an apparent suicide. in the years since some called that investigation into question and several lawmakers calling for an investigation into whether the u.s. is now better prepared to handle similar bio-attacks in the future that may or may not be the situation in which we find ourselves now. it's too early to say, but we are getting an awful lot of reports from lawmakers offices who are concerned about suspicious letters right now. at the moment, back to boston where the fbi originally had a news conference scheduled to begin right now, but now we are told that they have delayed that briefing for reasons the bureau will not explain. it has now been roughly 48 hours since three people were murdered and more than 170 injured and grief is giving way to anger in the search for

the suspect or suspects. here is the very latest on the investigation as we know it now. authorities promising to go to the ends of the earth to track down those responsible for this cowardly act. and publicly they say the range of suspects and motives remains wide open. that's their term exactly, that's a quote, wide open. within the past few hours we have learned that authorities have recovered a piece of a circuit board believed to have been part of one of the bombs. they also earlier found the lid of a pressure cooker, something used in your kitchen, apparently catapulted on to the roof of a nearby building by the force of the blast and they believe that's part of one of the bombs. and investigators are also looking at the possibility that the bombs were constructed near the scene. a source telling the wall street journal carrying a bomb like these could have triggered an early explosion and they don't believe that's the way it was done.

they are checking out local hotels and short-term rentals trying to determine if the bombs were put together near the race route. at the same time, we're learning now details about the heroes and victims of the tragedy, including the man in the cowboy hat we introduced you to yesterday. he helped save a young man who lost both of his legs. this man is heroic when he saw what the man in the gray t-shirt next to him, what he went through without a thought to himself. the man in the cowboy hat went over and tried to save him and he's been through trauma in his personal life some of which we told, but yesterday. well, now the man who lost his legs, i believe he's 29 years old, his family is speaking out. his father is revealing that he tried to reach his son by cell phone on monday and only learned that his son was seriously injured when he saw his child, an adult man, but his son's picture upon television and the internet. and our own bill hemmer, f amerm

is live in boston. you know, the anguish of that father and having to learn about his son's situation that way, you can feel it, bill, but on the other hand they really are credited that gentleman, i don't have his name in front of me, a aaron donnedo. and because of him and others like him lives were saved on monday. >> and the triage set up right in the area of those explosions, likely saved their lives and they did not bleed out as they say in the military. good afternoon to you, again, megyn, a lot to go through and quickly i want to go through the video, of the scene of the second explosion, this is in front of the forum restaurant, 755 boylston, a quarter of mile behind me.

investigators had gone inside to search for more evidence and possible clues inside there and we want today share that with you. that's the same location, by the way, in which the local nbc station, whdh in boston put out these images last night. it's a before and an after image and the reason they put it out and they were appointed to because you see the spot shadow there. that's what is believed to have possibly been the second bomb. they say that because you fast forward, an hour later and you see the aftermath and the end result after that bomb is gone. or that package on the street he we should say is gone and the pixelation is intentional because it's too graphic. and the images around the city, the country, the world for that matter you see a zipper with a small nail next to it, that's one of the images that the fbi put out and there are other images

that we can see, what looked to be some sort of circuit board that could be used as an ignition switch or some sort of a timing device, perhaps attached to the pressure cookers and the image before with ball bearings and some people suggested they're too big to be ball bearings, but perhaps shotgun shells jammed inside the pressure cooker, everything that they're going through now and imploring the public to ask for images, photos or video evidence. i can tell you, i was just stopped by a gentleman on our street here, the images that he has when he was at the finish line and deported 20 minutes before the bombs went off, with a high speed digital camera that belonged to his wife. it's remarkable to see how clear the pictures are when you get closer and closer on the images across the street where the first bomb went off. it's remarkable and that's the kind of evidence and that's why you get the plea he on behalf of the fbi and police to turn it over, if you have

it. megyn, back to you. >> megyn: bill, thank you. they're hoping that we can solve this as a community, as citizens. back now to our breaking news from the top of the hour, we have live pictures from phoenix coming in now where we have now confirmed that a suspicious package has turned up at the office of jeff flake, senator jeff flake. in three minutes we will speak with a former homeland security official about the series of incidents a poison letter someone tried to get the president of the united states. it's happening, fyi, across ideological lines and we've now seen democrats and republicans reporting suspicious packages and/or letters sent to them. we will go back to boston as well for the story of a blind man who ran the boston marathon as those bombs went off and this story is nearly as incredible as the everyday hero who was already guiding him those 26 miles when he realized what was going on around him and what he did.

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take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪ >> fox news alert on the series of suspicious packages mailed to different lawmakers. the latest arizona senator jeff flake which we just confirmed as we got live pictures of a news conference outside of his phoenix office which we now still have. let's listen. it just ended. what did they say? we'll try to find out as we were monitoring during the the break. what we heard prior to the break was that senator flake's office was confirming that he had received some sort of suspicious package and they were investigating. we don't know exactly what it was, but we were told again it was the phoenix office, it wasn't his washington d.c. office. and we have been told, actually suspicious letter, that's how it was described, a suspicious letter and we have

just been told about another senator who has also reportedly received a suspicious letter, again, we are working to confirm that directly with the senator's office and we will tell you the identity of that senator when we have confirmed it independently with his office. but this, again, by my count is six, at least six different lawmakers who have reportedly received or been sent a suspicious letter or package and i include the president as a lawmaker in that six in the past day. joining me now on the breaking news, michael baloni, a senior fellow at the homeland security institute. and it's reminiscent of the anthrax letters that went out after the massive terror attacks on 9/11 and now we see ricin according to the authorities mailed at least confirmed two and see several other suspicious letters reported. that could be a scare. >> right. >> right, from the lawmakers who were being extra cautious, but two we know about, one

republican lawmaker and one the president of the united states. what do you make of it? >> and obviously, as you said, it could be the same type of snacenario that we had. there wasn't a connection at all between-- >> that we were able to determine, anyway. >> exactly. and so what you have here, are you sending these letters because you're exploiting the disaster and tragedy in boston? are you trying to send a message? are you a sympathizer? are you a copy cat? you know, what are you trying to do here. what's weird about this is, after the anthrax attacks, if you would try to actually bring harm to somebody you wouldn't send somebody in their offices because it's going to be screened and not going to get there. and in the history of using ricin, a particularly deadly protein. >> megyn: we're told there's no cure, unlike anthrax where you might take cipro, you get ricin poisoning there's no cure. >> it's about the amount and inhalation or ingestion or

injection and used in 1976 to murder and assassinate an individual. to date we have not seen ricin used in a way let's taye we have anthrax or small pox, if you aerosol it and put it over a mass body of people and kind of used-- the thing about ricin, you can make it from castor beans and therefore it's easier to get and handle than say anthrax. >> megyn: if it's so easy to get and produce and potentially deadly, why do you think we haven't seen more of it. >> because i think people see a much bigger bang for the buck with anthrax. anthrax-- >> because it can go airborne and ricin can't. >> you can put it in the mist. it's about the amount you take in. >> megyn: ricin, you open up an envelope and white powder like anthrax was. >> make it into a white powder and depends exposure. if you don't take it and ingest it, breathe it in, then you don't have a problem. with the anthrax, you can mill

it and make the-- both the size of the spore and the shape, the morphology, they call it. inhale it to maximize the infection. >> megyn: what do you make of about the reports we've heard. they're talking there was a signature on some of the letters, something to the effect of "i am kc and i have approved this message" what does that sound like to you? >> it sounds like a group that's trying to get some attention on this and obviously, we may see other letters out there and that's a concern of officials, how is this the leading edge of something and what else are they going to try. and at this point in time sending letters to officials that are going to be screened off site not effective. and trying to send a sensationalized message, but a particular effect on the messages now. >> and right now, our lawmakers, when we saw the anthrax scare back in 2001, lawmakers were targeted and some news people were targeted. i mean, who needs to be wary

right now and what sort of screening mechanism needs to go in place on people's mail? >> that's a great question. so, if you use the boston marathon, if you assume there's some connection there, patron's day, tax day, then you assume that if there is a connection, we have no information that there is, but if there were, then you would assume it's all government and which case, the government officials, perhaps at multiple levels of government not just the federal government, that they might be-- they should certainly be wary. i know if i was back in office i'd tell my staff, let's make sure we're talking with the sergeant of arms, the state police. >> what do you make of the fact it's democrats and republicans getting it. >> i think it's across the board anti-government. >> megyn: okay, it could be an anti-government type in general or it could be a jihadist type, it could be a lone whacko, we just don't know at this point. but you can see tensions are running high right now on capitol hill, as you can understand.

thank you very much for being here, appreciate it, sir. >> we'll continue to follow that as we get new information coming in in connection with the boston marathon bombing. the boston globe, we have not yet independently confirmed this. the boston globe is now reporting that the bomb investigators believe they have identified a, quote, suspect from security video taken before the blast. and yes, this is referring to the blast on monday, the boston marathon. and again, according to the boston globe, fox news has not confirmed, but the latest they have identified a quote, suspect. and we're getting more information on what that means, i'll bring it to you right after the break. don't go away.

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>> fox news alert. major breaking news in the

boston bomb investigation. our katherine herridge confirming that the video and photos in advance of the bombing are producing quote, promising intelligence on the bomb drop-off. catherine getting ready to come on air in moments, however, more breaking news on this. as we told you before the break, we are getting reports, not yet independently confirmed by fox news, that a suspect, that's the word being used, a suspect has been identified thanks to surveillance cameras at the scene. the report, the early reports right now is that it was a surveillance camera from the second bomb site that may have caught someone being described now as a suspect. we want to tell you that we were expecting a news conference from the fbi at 1 p.m. eastern time and then they postponed that and at that hour did not tell us when they'd be coming out and there were some reports that they were working some developing

news at the time. now in the wake of that we hear that they may have a quote, suspect. they may have identified a quote, suspect, based on one, perhaps more surveillance tapes. so, we're working that and trying to get to it. to get o gallagher live in l.a. with more on how the feds are screening for the bomb attacks and what we know. >> trace: while catherine is getting ready to come up. and some more information she's gleaned for us, you talk about potential video of a suspect dropping a black bag, apparently taken at a retail store across the street from the site of the second bombing. we should also point out that catherine now learned that in fact a circuit board has now been recovered and that could be critical in telling them exactly how this bomb was designed. now, on that route, they're looking at two possible ways of detonation, one of course would be the cell phone that we have talked about for a couple of days now. as well as a potential timer and what they're doing is

looking at the cell phone video or the possible detonation and taken the precise timing of the bombing and doing what they call scrubbing the cell phones and text messages that happened exactly at that time and see if they can nail down exactly what time this thing was triggered and if they can find the call and match it to the trigger device and give them a substantial amount of information and catherine inside the bomb confirmed finding bb's and nails and ball bearings and that one of the bombs, we have reported, was built inside this pressure cooker. the other bomb, they also believe, was built inside some type of device, they simply do not at this point in time megyn have enough information to say the second bomb was also a pressure cooker, but believe it was inside some type of metal device. as we get more on this investigation, especially the

videotape that could possibly identify a he potential suspect, we will certainly get back to you. >> thank you. and the news is breaking at a furious pace this hour from the boston bomb investigation and reports, not yet independently confirmed by fox, that the fbi has identified a suspect now from he videos taken in connection with these bombings, that they have reviewed surveillance tape, we're told and have identified a suspect. we are trying to confirm that. catherine has been talking to her sources and we're working the story from every angle and try to bring you the news on that momentarily and to what's happening in and outside of washington d.c., as several lawmakers now report suspicious packages or letters having been received, only two of which we have been able to confirm are believed to have carried the deadly poison ricin. one was addressed to the president of the united states, it got nowhere near him. it was detected, but there is a lot happening on the terror front, sadly in america today. much more right after the

break.

>> fox news alert. major breaking news in the boston bomb investigation. fox news has now confirmed that authorities say they have an image of what they are terming a suspect carrying and perhaps dropping a black bag at the second bombing scene at the boston marathon on monday. our chief intelligence

correspondent catherine herridge has been working on the story for 48 hours. >> i do have that same information. fox confirming that the feds have an image which would suggest that a suspect at that second bombing site. separately, a congressional source told fox news based on a briefing from the national counterterrorism center, set up after 9/11 to monitor and assess threats against the united states to avoid the stove piping that led up to the attack on 9/11. what they said they have, images and video which they believe will provide quote, promising intelligence for the investigation that was within the last 24 hours. and the second that some of the bomb components now arrived at the fbi crime lab in quantico, virginia, suburban washington d.c. they're going to be putting these pieces together kind you have like they put an artifact from a dig site piece by piece

to reconstruct the device. the latest information, there is one confirmed pressure cooker. the second device was a metal container, but it was so badly fragmented, there was not enough evidence to confirm a second pressure cooker and we also have confirmed that the circuit board was recovered, with at least one of the devices and this will be more confi confi confi confirmtory evidence of a cell phone detonation. >> megyn: catherine has been doing great work and as she's reporting and we're reporting, i continue to get updates on my e-mail and my wire feed, we work -- we're going to work to independently confirm what we're hearing. we're hearing some significant news in this investigation, not just what catherine reported. we're not going to be irresponsible about this, but news breaking, and i want to start by bringing michael back, homeland security czar and senior fellow, and

michael, what we're told now, clarify this, originally told they were describing this person as a suspect with a bag at the second bomb site. now they've updated that to just say a young man, so they're changed from suspect to a young man on tape, they have an image of. that changes things because you know, that doesn't tell us if they believe this is the person who did it, but clearly, they're looking into this person and now, we are hearing according to the mayor of boston's spokesperson, that they believe this surveillance tape, this image captured by surveillance tape across the street from the second bomb site if we could show the viewers the second bomb site from a lord & taylor surveillance camera and that's 2013, and sometimes we complain about from a privacy perspective are every where, in this situation like this can make the difference between solving a case and not. >> absolutely, you and i spoke about on the break, we have so much information now, the challenge for law enforcement,

that's the fact that they have developed some information is that too much of it, and the saying, it's not a needle in a haystack, it's a needle in a haystack of needles and that's the pressure that they're under right now and so we're expecting, no way you could drop a bag in this day and age in copley square and not have some image caught by some camera and that's really what we're seeing, consistent with what our expectations are. now the challenge, how good is your video. it's not like you see on tv. you follow somebody, drop a bag and the camera follows, there's no reason and it's a static picture most times so now it's where did that person go past, now find the people standing by and trying to get a hold of them. >> megyn: okay, if they have a surveillance video of a man, a young man dropping, i mean, the picture's coming together, a picture of the aftermath of the bomb, black backpack, remnants of what is a black

backpack, and they think a pressure cooker, found the lid on a rooftop. this is the important piece, who did it. >> exactly. >> megyn: if they have video of a young man dropping a black bag at a second bomb site. how do they he go from this picture, who is it? >> now they go out to everybody in the area and reenact who was standing there. who might have seen, who was in the image, who was in the picture and try to piece together those individuals and say, did you see this person? and then-- >> start with the people in the hospital, nearest the bomb site. >> exactly. they're the people you know are the most likely to have seen the guy, but then, you do expand out and try to say, okay, given this description and put out in the media. this is the description of the person, their age, this is their ethnicity, this is the skin color, what they were wearing, all of these different things and this is the person we're looking for. have you seen anybody that matches this description? >> what about in today's day and age in a post 9/11 world we have things like terror

watch lists and no-fly lists, we have things where the government keeps tabs on individuals who they believe are intentionally problematic. do you go to that. might we have an image data pace we could compare a surveillance tape to? >> we actually have the the data bases. how do you capture the right image to get a good match and lots of false positives to get in, but most times what we've found in the pass, the bad guys on those lists are not necessarily the ones perpetrating. with asaad had no prior record and data base and had a clean record and he wasn't in the system itself. it comes down to basic police work, were you in the area, did you see this man. here is a broad bulletin to everybody, let's take a look and see if they can follow him. somebody remember, how did he get out of the area, in a private car, get on transportation, did he walk? >> because they would look down the street and they'll know. i don't know this particular

area well enough to say, but there will be another department store a hundred yards the other way and check that surveillance camera and perhaps an image of this man and where he went after he may have dropped a bomb. >> particularly if you can put a time stamp on it, and at this particular time and begin to narrow it down and really have the resources. and remember, megyn, this is every piece of the federal apparatus focused on this time period. >> megyn: i want to ask you a question of questions about timing. the fbi was supposed to hold a news conference today at one o'clock and doing a good job of updating the public where they stand with their investigation and the public's help and the public has been doing its job. and lots of images pouring in to law enforcement as we work collectively as a country to try to solve this crime. they postponed it without giving us a reason, but there were reports that something was developing. and now there's a report that this may happen at some point soon. that the fbi is going to come

out. some are reporting, we don't have it yet, that an arrest may be imminent or already made. we don't have that yet. we have not yet confirmed that, but is this the kind of information, the authorities would release to the media because we have confirmed that they have a young man on tape who they believe may have dropped the second bomb. that they would be releasing to us before they had made an arrest? >> typically not. you know, in other words, you kind of -- if you're going to -- if it's a lead up to an arrest, i don't know why you wouldn't announce the arrest necessarily, but if you want the public's help to try to confirm or maybe this is part of the whole process. here is what you don't want to do and the fbi has been good about it. come out point everybody in one direction and that direction not to turn out to be a fact. you don't want any false leads and the fbi spokesperson, the head of the office has been excellent in terms of discipline saying we're not going to speculate. we're going to take this where the evidence takes us. >> megyn: and i want to bring this news to our viewers

standing by for one second, michael. we're getting information from all different sources including our local fox affiliate. fox 25 in boston. they are now reporting that a source has confirmed to fox 25, investigators have identified a suspect. that is the word our local affiliate in boston is using, a suspect believed to be responsible for the boston marathon bombing and that an arrest is imminent. so, i mentioned a moment ago, some other news outlets were going with that. we did not yet have that confirmed, but our local fox affiliate, is saying it's so. and the force that spoke to fox 25 boston says authorities believe the suspect was caught on the camera at lord & taylor and investigators have made significant progress in this case. significant progress in the case, it was reported that the suspect could be seen on camera dropping a black bag. so, they have identified the person and saying an arrest is imminent. what does that tell you?

>> it tells me that they've done more than just identified somebody on camera. >> megyn: they know a name. >> they know a name and whereabouts. one thing you don't want to do, spook the person and that the person, you want to corral them-- >> does that tell you you they've probably got the idea. if they tell the media arrest is imminent they probably, they've got him or about to get him. >> the sources, the official fbi person or someone in local law enforcement, then it probably is-- you know, again this has been moving so quickly. >> megyn: we don't want to get ahead of ourselves. and with apologies to the viewers. it's a fluid situation and important story and we don't want to get it wrong, but when we get it from several different news organizations including our own affiliate and bring it to you. this is the report from the local affiliate that's citing a source, one source, the source is not described in this particular release, at what his or other connection is with the case, but it matches what we've heard from

other news outlets that aarrest we believe is imminent and they believe they've got the guy on camera. >> there's a huge distinction between an image of a person, a suspect, which means you've identified someone and someone who you're about to arrest. it's a very he different set of circumstances along that time line. >> when you look at the images, you see so many young men walking around with backpacks and they've posted guys online and guys wearing big black backpacks, it's cold, you've got your drinks, food, whatever. and yet, dropping one at the second bomb site is a different story and we don't know whether this person has any connection to both of the bomb sites, but obviously that's what they're going to talk about. >> and remember what you have to prove. remember what the fbi does, yes, the president has said you must-- you are the chief counterterrorism agency in the united states and your mission is to prevent, to the extent possible, these types of events, but they still work

for the attorney general and the department of justice and what they do, they prepare the evidence that will eventually be brought to trial which is why it's so crucial you get the evidence right. >> megyn: and michael, don't go away. we've got more breaking news, don't leave. we're back in three minutes. [ male announcer ] need help keeping your digestive balance in sync?

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>> fox news alert. the news is breaking in connection with the boston terror attack. bill hemmer, a co-anchor of america's news room. he's live in boston and the past 47 minutes since we went to air. we've learned several facts. at least confirmation that they've identified a suspect and latest reporting from the local fox affiliate and our last guest speculating that could mean arrest has already been made. >> this is what i can add to that, megyn. fox 25 our boston affiliate is saying that they're getting their information through the associated press. now, what does that mean? does that mean the associated press was just reporting what the boston globe is reporting?

we go at the feeding frenzy and one feeds off the other media outlet. before we move forward i will tell you this, there is an image floating around the internet. perhaps people have seen it, if it is the image talked about over the past 20 minutes, if ins the image they're discussing, it's clear to me that someone can identify that person and will know who that person is in the image, but i don't know if we're going to be able to put that out before the fbi briefs today at five o'clock, which is three hours and 13 minutes away, so, i mean, we obviously have found ourselves in a mad scramble to try and figure out what can be verified, what is factual and what is not. so we're just going to walk with a little bit of caution now until we get a bit more information on that, megyn. >> megyn: what do we know about the fbi news conference, bill? they've been so good at briefing us at regular intervals, but the latest one was postponed without a specific explanation. >> yeah, and this is -- this

is me theorizing right now. and yesterday morning when they briefed at 9:30, sometime they follow the same schedule ap they did not do that. they went at 9:30 yesterday morning and five o'clock in the afternoon and we have not heard or seen them since which sometimes can be surprising because sometimes they stick to a certain schedule, but there's a rumor about a one o'clock and then a four o'clock and now hearing five o'clock eastern time today. if that schedule sticks, megyn, that will be the source of some of our best and hardest information. because often times in these breaking news stories, we rely on that in order to advance the story, but at this point it hasn't happened yet so we're waiting along with you. >> megyn: bill, it's so hard, i want to tell our viewers out in the field with bill when you come on television, that's your least favorite time because you can't do any reporting because you're standing waiting to come on

with your hit with megyn or somebody. and when i'm at the news desks, at some moments i'm at an advantage and some moments disadvantage. >> this is one of them. >> megyn: and tell our viewers that now our fox affiliate, along with another news outlet are both reporting that a suspect is about to be arrested. the suspect is to be taken into custody by federal marshals and taken to a courthouse and that tells us a lot. that tells us they've got him. i mean, that tells us they've got a person, they've got an identity and it looks like they will be bringing the person into a courthouse which raises a whole host of other issues, some of which we discussed with andrew mccarthy, the top doj prosecutor who put the blind sheik in jail the guy who bombed the world trade center in 1993. he prosecuted that guy and he was on the broad was yesterday, when we get the guy

do we take him into the military system, the civilian justice system, read him his rights. in modern day america, a suspect who killed three and wounded hundreds of others, the news is breaking, don't go away. i'm here in your home, having a pretty spectacular tuesday. ♪ but i don't notice the loose rug at the top of your stairs. and that's about to become an issue for me. ♪ and if you got the wrong home insurance coverage, my medical bills coulget expensive. so get allstate. [ dennis ] good hands. good home. make sure you have the right home protection. talk to an allstate agent. to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills.

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>> there is breaking news in the boston bomb investigation and we are getting several reports now that a suspect is about to be arrested or has been arrested. our local affiliate reporting that there is a man who may be taken to-- into federal custody into a federal courthouse any moment now. we are trying to get more information on that, but i want to get you right to a report that was just filed by our local fox affiliate, fox 25 in boston, that has videotape of the scene of the second bombing prior to.

watch. >> lord & taylor, the surveillance cameras would have been there. this is the video that we shot an hour and 20 minutes before the blast. of course, you see lord & taylor there. this was just video we were shooting, obviously, for news coverage we were doing and commentary on the boston marathon, but we have been going through this and looking at it. the fbi obviously has been looking at it. and we do hear that sources have combed through and said that a television station's video hoped and one piece of the puzzle. we said last night that we provided this hoping it would be a piece of the puzzle. we don't know we don't have confirmation if it contributed, but you can see over and over, this is just photographer jim goff walking along the crowded sidewalk. and lord & taylor, in the

hours following this investigation, officials went into the buildings and businesses to collect surveillance video from around the time of the marathon and obviously, the time of the blast to try and glean any evidence that would lead to a suspect. we've got the good news that there could be a suspect and possibly this video that you're watching right now, that's my shoulder, if you notice and jim following me, that big sign is just someone who came up with the bright idea. >> megyn: fox news alert and now it is being told to fox news to a fox news reporter that indeed an arrest has been made, na indeed an arrest has been made and in part we're told based possibly on video from a news station. don't go away. [ male announcer ] hunt...farm...or trail...

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free trial offer for them. nurses to talk to for you. visit exelonpatchoffer.com. ♪ >> fox news alert on major developments now in the boston marathon terror attack. fox news is hearing from at least one federal source that a suspect has been arrested in the boston bombings. we are also hearing from different news outlets that that person is expected to be in court shortly. please bear with us on this, folks, because the news is breaking and sources are coming in one at a time which is never the best way. it's much better to have multiple sourcing on things like that, yet, it's coming from all different news outlets including our own local affiliates and dot-com reporting and we're trying to bring the information to you as quickly as we can, and yet, as responsibly as we can.

bear with us on a breaking news situation, i am megyn kelly. we're now awaiting a news conference from law enforcement any moment now, we're not sure. originally supposed to be at 1 and then told it would be delayed until 5 p.m. eastern time and now we're not sure when we're going to get that briefing, but told to expect it. we are told that security camera footage shows a young man dropping a bag at the site of one of the explosions. we're told the second explosion, and then walking away. we're told that that camera, that that tape came from a lord & taylor right across the spot of the second bombing. we're also told by our local fox affiliate, you heard the reporter talking about it right there, that perhaps the identification of this suspect was made based on footage from a local news station, and our local fox affiliate talking how they had taken said footage, such footage and provided it to law enforcement

and here is part of the reporting that we showed you right before the break. our fox 25, listen to it for one minute. this is a video we shot an hour and 20 minutes before the blast. of course, you see lord & taylor there. this was just video we were shooting, obviously, for news coverage we were doing and commentary on the boston marathon and we've been looking at it and the fbi has been looking at it it and we hear that sources have combed through and said that a television station's video helped and was one piece of the puzzle and we said last night we provided it hoping it would be a piece of the e. >> that reporter only knowing that they had provided it to authorities and there are some reports that an identification after suspect has been made based on one, possibly two pieces of video, possibly we're told video received from a television station. and if that's true, that then tape we're looking at now may be important to this investigation. we want to get to our chief

intelligence correspondent catherine herridge. and you know better than anybody how information can come in when it comes in in this rapid fire pace. >> let's layout for people the chain of events and help them understand why so many dots are being connected. we have a single source at fox news who told foxnews.com, a federal source told an arrest has been made and we're looking for secondary sources to confirm that information. earlier within the last two hours we had confirmation that investigators have an i am imagine of a young man carrying and possibly dropping a backpack at that second explosion site and secondly, based on a congressional source i was told the ntct. to analyze against threats against the u.s. and stove piping, and they briefed lawmakers and video and images they had received leading up

to the attack, not of the attack itself, but leading up to the attack had provided, quote, promising intelligence. if you start connecting all of the data points what you see is leading to an acceleration of focusing in on what would seem to be a suspect, megyn, again, a single federal source telling us that arrest has been made. >> megyn: exactly, so we need to be cautious and we're not the only news outlet reporting this and other news outlets are citing multiple sources and we will see how things unfold and the at least one is suggesting the-- let's go to the fox affiliate. fox 25, local news. >> because this is what's going to put this person behind bars. >> and you wonder just about that timeline that you speak of, of the investigation. it was yesterday afternoon when we saw the special agent in charge from the fbi essentially pleading with the public and within a matter of

hours, we have this remarkable development, an arrest made. so, these guys and gals are working around the clock to try to solve this thing. >> now, we looked at the massive amount of law enforcement presence in this investigation and now, this goes to show you the methodical approach of investigators tracking down leads, vetting through the positive ones, vetting through the ones that were just kind of cold, didn't supply any value. the other aspect is the bomb tech, you can't forget the methodical work they've done and they've got to analyze not only to retrieve the device, but what was the material that was used. and that will also bring additional physical evidence into court as the prosecution unfolds. >> it's multi-pronged, it's not just a video investigation, we have the video from lord & taylor, video from a boston tv station apparently helping to zero in on the suspect and forensic evidence that needs to be tied to the suspect.

>> and we hear of physical evidence, there's a ton of physical evidence that's going to be able to corroborate and cross-corroborate and fasten together the entire investigation. it's going to support the police findings in this investigation, and the prosecutors will have more than enough evidence to hopefully bring a conviction against this person. >> really, just unbelievable to see it in such a short amount of time from frustration to elation, i'm sure, especially for the victims and victims' families who want to have some sense of who did this and why the heck they did it. >> well, one other thing to add on. we also need to be mindful of, are there any other actors involved in this. so, once this arrest is made-- >> our local fox affiliate in boston with coverage of the breaking news that arrest has been made in connection with the boston bombing that took place on monday afternoon. i want to get to tom dupuis, a former deputy assistant attorney general under president george w. bush.

he joins me by phone. tom, your thoughts on what we've heard so far that they've appeared to have identified a suspect, they have at least one, possibly two surveillance or other videos of said man dropping a black bag, believed, i guess, to be the bomb. they had that and that an arrest had been made, according to other news outlets, is imminent. your thoughts? >> and well, this is clearly a very, very significant development and the fact that from, on initial reports what we're hearing they actually have video evidence, if that's correct, i think it's extremely significant because it's, you know, close to iron glad evidence that you're going to get and not relying on the testimony of a co-conspirator, but hard, evidence that this is the guy who perpetrated this horrific act. so, i think law enforcement has done a very good job in making what appears to be a very significant break in this case at a fairly early date in the process. >> we're looking at videotape

provided by the local fox affiliate in boston wfxt. they aired their own tape they took about an hour before the bombing, see the lord & taylor across the street and this is where we believe the bombing took place, which is across from the lord & taylor, the second bombing and they provided this to the fbi, and some are reporting that it was in part news footage provided by a local news operation that helped lead to the identification of a suspect, that's speculation on our part, but we know that they submitted this to authorities. tom, i want to ask you this. we do not yet know this, but the associated press is reporting that a suspect has been taken into custody and is expected in federal court in boston. now, that is significant if true because it tells us how they are going to treat this suspect. and can you put that in

protect for us? >> absolutely, megyn, one question you always have at the outset of cases like this, whether they're going to be viewing this as a terrorist act or something that will be prosecuted through the order criminal justice system. if they're taking it to federal court that at least suggests that they're going to be prosecuting him through the ordinary criminal justice system. from my perspective, i think one of the important things to do, if there are any imminent attacks planned. i take it at this point in the process, public safety has to be foremost and i think what our law enforcement needs to be doing finding out if any other attacks might be imminent and if this guy had any co-conspirators in his horrific plot. >> megyn: i want to tell the viewers, it's a situation, 2:09 eastern time. we have a foxnews.com report now saying that we've confirmed with two different law enforcement sources that an arrest has been made. all right? so that's our information,

other news outlets are also reporting that. and cbs news is reporting that no arrest has been made and that's the position we find ourselves. and the news outlets trying to bring you the latest on disagreeing on the situation is. and we want to be open and trance point on where things stand. what we do know, tom, however, is that they've devoted the full resources of the federal government to getting whoever committed this atrocity, this cowardly atrocity and i do want to ask you whether this ap report is true or not, about somebody going into federal court, at some point we hope they'll get a guy and if they don't have him now and a call whether he's mirandized, whether he is not mirandized, whether they get him a lawyer, in other words, and whether he just gets treated like a terrorist who we would normally, if this happened in afghanistan, and they committed an attack on us, drop a bomb on, we would kill him without mirandizing

him or offer any rights, it's different when it happens on american soil, you've arrested somebody on american soil and for all we know it could potentially be an american citizen. what are the considerations the doj will have to go through? >> absolutely, the concern here, megyn, as you suggested. once you mirandize a guy and put him in domestic regular proceedings, you're giving him a chance to lawyer up. and typically what that will mean he will refuse to cooperate, he will refuse to talk, to share information. that's the danger and that's the risk. and that's why i think it's absolutely critical that the first thing we need to do is to get our head around who this guy is, whether he was acting alone, whether or not he's affiliated with al-qaeda or some other terrorist group or if he's just kind of a, you know, an individual nut case who did this terrible act. but, you're absolutely right. and that once we start the regular criminal proceedings and lawyers get involved and that makes it much more difficult to elicit information. >> what would you expect they would do. and let's say--

i mean, president bush didn't, wasn't known for extending a, you know, a ton of constitutional rights to the terror suspects right after 2001, all right? that's been documented, and so, while you were working for president bush, what would you have recommended that we do, that should we mirandize the suspect, should we send him to gitmo? what should we do. >> call me conservative, megyn, i would be reluctant to mirandize the guy right off the bat. we just don't know enough at this point. we're not 100% anyone has been arrested and we don't know who this guy is, whether he was working alone and i guess in this situation like this, my instinct would be to err on the side of caution and not mirandize unless we were confident there was no threat to public safety and he was not affiliated with al-qaeda or other international terrorist group. so i would approach this with caution and as long as you mirandize the guy and lawyers come into the scene, there's

no turning back. >> these are live pictures outside of the federal courthouse this boston and the truth is, folks, we don't know exactly what is happening in boston at this hour, but we know something is happening and there's a lot of action and we're going to hold tom over and kevin ware, a bomb expert after this break.

>> fox news alert and the situation is unfolding in boston at this moment. you are looking the at live pictures overhead aerials of the boston federal courthouse. the reason we are looking at those and others, other news outlets have rushed to the scene, one presumes because the associated press has a report out not only has a suspect been arrested in connection with the boston marathon bombings, but that this suspect is being brought to the federal courthouse. that's not something fox news has confirmed and yet of course we're going to keep an eye on the courthouse and see if anything happens, if any news breaks, we're being told by our foxnews.com reporter that arrest has been made, that's been confirmed

according to foxnews.com with two law enforcement officials, however, other news outlets, some, some are also reporting that arrest has been made and some are reporting that that is not the case. here is the truth. we don't know. we need to hear from the fbi directly and we are told that they will come out at some point soon and brief the nation on where we stand now with this investigation. we just want to be transparent with you on the information that is coming in, in a breaking news situation that seems to be anything, but clear at this moment. with me now, still by phone is tom depre, assistant attorney general and i want to bring in kevin miles, a former bomb technician with the fbi and only left two months ago. and my apologies for teasing you as kevin ware, it's that kind of day. this is your business, making bombs to help the fbi, deconstructing bombs and trying to find out from the bomb fragments who was behind

the act. >> right. >> megyn: first your reaction in the last hour and 20 minutes. >> if it's the case, i think it's wonderful news, great news, if a suspect has been arrested and off the street and par for the course. the last two major bombings we've had in this country resulting in large loss of life, injuries, oklahoma city and world trade center 1993, were cleared by arrests, or arrests in the first few days. >> megyn: we're 47 hours from the moment it took place, 47 post-bombing and so we certainly hope it's true. that's part of what's happening here, we hope it's true and want it to be true and want to bring you the facts and we'd love to hear from the fbi which we hope to do. and let's talk with what they found and once we get rid of me, take me off calm and keep an eye on the federal courthouse and maybe split screen with the bomb fragments released, the pictures of the bomb fragments released by the authority, showing pieces of

what they is a pressure cooker, part of a circuit board. what they say were ball bearings, and to me, as a lay person, it means almost nothing, but to you as a bomb expert, what do these things tell snus. >> tell us. >> the pieces you see are large. and usually with a large explosive device, it was smaller. it's obvious it's a backpack, it's tattered and shredded. >> a piece of a zipper recognize that. >> i've put devices in backpacks and the zippers almost alls survive out there in the scene, tough to get rid of. and there's no such thing as viperization on a bomb scene. and some people think that the evidence is blown up in thin air. that does not happen. the pieces sometimes are very, very large, because the explosive used is not that powerful and sometimes they're, very, very small.

world trade center the devices were very, very small and some of the devices, in my career, you could barely tell what they are. >> world trade center '93. >> correct and oklahoma city 1995. the devices with a huge amount of explosives, but the evidence was out there and recovered and. >> so we benefit from the fact that the explosions were not that large and we can see a zipper fragment, a nail, pieces of what the bomb maker put together. >> and i guarantee these are the people who have all been trained by organizations who specialize in post blast investigations, and they will recover probably 95 to almost 100% of that device will be recovered. >> is there any chance of dna, a fingerprint or dna being on that zipper or those nails. >> fingerprints will survive a detonation, trace evidence, hair, trace fibers, dna will survive contrary to popular opinion. if the suspect is dna pure,

which is suspect usually is not. >> megyn: what does it mean forensically pure. >> that means people who know crime scenes and wear a suit and gloves, and doesn't want any hair fall out and landing in the device, but again, most of these people are not that way and will leave something behind. >> megyn: they'll be able to recreate the bomb and they know a pressure cooker and tells you where to start. >> this fbi goes to quantico, every piece of wire, blasting cap, initiator, switch known to mankind and they'll be able to recreate it. >> megyn: kevin stand by, we may need you more on this and conflicting information coming in and now separate sources telling us, no one is in custody, and that that was an ap report earlier on. and that there has not yet been an arrest, this is the situation we find ourselves

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>> welcome back, everyone, the situation remains confusing, to put it mildly. we now have different law enforcement sources telling us different things about whether an arrest has been made and the other news organizations are receiving similarly conflicting information. the bottom line we won't know until we hear from the fbi and don't know until it happens. kevin miles a former bomb technician with the fbi and with the fbi until two months ago and kevin my question to you is, when we look at the reports coming in to us and

usa today and associated press, reuters, cbs, so on. with all of these respected news organizations doing their best to get the right information out there and we're all all over the board on this, it tells me different law enforcement officials are saying different things. it's not like they're making it up. they get a source that's reliable, and as someone coming from the other side, fbi side. what does it tell you. >> during my 23 with incidents, bombings and other international incidents my role at the crime scene in the field, but knowing the bureau the way i do, during these investigative command posts, the people outside the crime scene, it can be hectic in there. there's several different agencies doing several different things and there is so much going on in that command post and information coming in all over the world and worse and worse as you get

further from the scene. i imagine it's confusing not only for them, but you as well. >> megyn: sometimes as a law enforcement force, some are federal in addition to a local would say there's been an arrest made and one has not? >> stranger situations have happened. >> megyn: and i told the viewers from the beginning we would try to be transparent how much information was it and we find ourselves at 2:27 p.m. eastern time not knowing whether an arrest had been made or not. and a third top federal law enforcement official is saying to us now, three, no arrest has been made and this official confirming what we reported at the top of the show, there is video of a person placing one of the devices we believe, and we understand from earlier reporting that would be the second device across from the lord & taylor that we have the video of.

this official says there is information therefore to help identify a suspect, but that a suspect has not been identified yet. now, if that is true, if they're not even at the point of identifying the suspect never mind arresting one, then they're much farther back in the investigation than some reports have indicated. our own mike tobin is on the phone outside of the federal courthouse in boston that we are monitoring to see if, mike, the associated press's report that they are bringing a suspect to the courthouse is correct. you can see the news media and others gathering now. >> right, and regarding the accuracy, all the reporters reactively rushed to the scene and you may see from the aerial photos there's a trush of reporters -- crush of the southwest side of the courthouse, no one knows exactly what is going on. every vehicle that goes through gets all of the attention of the cameras

'cause it just might be the car. up along the side street is a, almost like a rolling garage door and the assumption is that is the-- it's a modern courthouse, the old days of walking the guy through the media has gone and way. they drive them through and everybody wants the picture of the vehicle coming through if the reports turn out to be accurate, that arrest has been made. of course, that's all conflicting now. >> as you look around the scene around the courthouse, i assume it's mostly media. >> mostly media and all of them and pushing and shoving hasn't started yet, but i imagine if the situation changes, everything that's friendly now becomes a little less friendly when you actually have a story and that's how it goes. you know, we've got to react whether it's right or not and we show up on the scene and get the pictures. >> some the of the confusion comes from monitoring of police scanners and other such

devices which need to information being disseminated that may or may not be true, may or may not pan out and we'll find out whether that played any role in this case, or if it was more than the associated press report and we do not know whether the associated press is standing by, so far it appears to be. that that report, that a suspect will be taken to the courthouse. obviously, our cameras are there and mike is there, if something happens you're not going to miss it, we're not going to miss it. but right now we're not in a position to say a suspect was identified positively or never mind being arrested and taken to the courthouse. it does appear they have excellent leads in in case, folks, excellent leads including tapes of the second bombing locations, we can check back with mike in a minute, that may identify somebody who has something to do with the crime. and given the citizen journalism and investigating we've seen in this case and folks submitting pictures and

surveillance tape which is exactly what the fbi wants you to do, they believe that they will make progress in this investigation in a rapid fire speed. we have much more right after the break. don't go away.

>> fox news alert and the situation continuing to unfold in boston as there are now conflicting reports about whether or not an arrest has been made. our latest information here at fox is that one has not.

now, we have three law enforcement officials telling fox news contrary to what our dot-com property reported and reported to you, an arrest has not been made and no one in custody. that's a term of art, custody so it could be they know somebody, they're saying they have not yet identified the suspect so we just don't know. but they are now, three federal law enforcement officers telling us no arrest has been made contrary to what we have been told by other federal officers earlier. our dot-com property earlier, that arrest had been made. that's where we're the at right now. i want to bring in steve emmerson, marc thiessen, fellow washington post columnist and a former bush speech writer and peter newman at king's college in london. yes, thank you all for being here, and you know, we certainly hope that the the authorities are making progress on this case and that an arrest is either imminent

or certainly more than likely than it was a day ago. and let me start with you on this, steve, because we had this news about the tape, surveillance tape from the lord & taylor across the site from the second bombing that may have proven critical to the investigators in identifying a young man with a bag that he dropped and left the scene. >> well, megyn, it depends. first of all, i'm learning about the contradictory reports just as you are, 15 minutes ago i was told definitively there was going to be-- an arrest ras made and a court appearance in a couple of hours and now finding out just like you are there are contradictory reports. >> megyn: let me stop you there, you, i should tell our viewers, have a lot of investigative and law enforcement and you were the one who said on this program yesterday first on fox news to report they know longer considered the saudi national

a suspect and i said to you, i haven't heard that and you said i'm telling you the guy has been cleared and moments later the doj confirmed to us, so you've got sources, so what have you heard this morning? >> what i've heard is there's been some type of identification made on the lord & taylor tape. i don't know the clarity of the picture, i don't know whether it was a frontal picture or not because that's going to make all the difference in the world whether they can identify and combine pictures of motor vehicles, bureau pictures to see if he has pictures, of other tapes of photos. you would need a facial photo that was very clear and an eye photo mandatory matching it up in tens of thousands of data bases, u.s. and interpol. i don't know the clarity or position of the photo. all i know there is a photo of some sort showing somebody putting a bag there. now, he could also-- the person who did that could

claim he was a mule, paid to do that, we don't know. and again, they have something, they're investigating. what i was told is they're doing a background investigation on this particular person and they think they know who he is. that's what i heard, they think they know who he is. which means they've not made an arrest, don't have a criminal predicate to bring to a judge, but doing everything possible to do a background check to see what he might have purchased, who else might have seen him. interview anybody around there who might have seen him and maybe he even works at lord & taylor or a nearby store and that's what they're doing now and depends on the clarity of the photo. >> megyn: steve, can you clarify for us, i'm not asking you to reveal your source or sources. can you characterize the source or sources for us. >> law enforcement sources that, federal law enforcement sources that are working the case. remember, there are multiple it agencies working this case and that's why you have

multiple contradictory reports. it's not one giant lead investigator.you've got differe and information leaks out from different agencies and pursuing it at different paces. >> megyn: that's clear. on that score i want to tell our viewers while the fbi is handling this case, they have chief responsibility for this case, the boston police just sent out a tweet, welcome to modern day america, that reads as follows: despite reports to the contrary, there has not been an arrest in the marathon attack. that from the boston police and we continue to await an on camera update from the fbi. last report was 5 p.m. eastern, i'm not sure if that's in the hopper. peter-- >> that language is very, very interesting. because they say there has not been an arrest. they he didn't we haven't identified someone, we haven't a lead, they didn't say that we're following somebody, they just said there hasn't been arrest. that's very telling. >> megyn: i want to go to

peter and your thoughts on what apparently has been a treasure trove of information in the bomb fragments they were able to recover and surveillan surveillance that they have and the photos from the marathon attendees and appeared to have made significant progress in the past 47 hours. yeah, and i think this would have been very difficult two decades ago. i think now days, if you commit a crime in the middle of a modern city, you should expect to be seen by a number of cameras, not government cameras, but shops an and restaurants and boston marathon, people have their cell phone cameras with them there will be plenty of evidence and if i was the suspect, i would have thought about that and made sure you'll running away as quickly as i can. and so, these days, there will be a lot of evidence from a crime scene in terms of video surveillance in the middle of

a city, and that just needs to be sifted through. >> megyn: and marc, as somebody who worked for president bush, who, you know, was in the oval office when we had the worst terrorist attack this country has ever seen, this must be a little too familiar for you, as we continue to see now terrorism unleashed on the american people and then the mad dash afterward to figure out who was behind it and how we respond. >> i was very familiar and it's very dusisturbing, and i've got to say, what we are witnesses is a massive intelligence leak, somebody from the law enforcement told the associate press we're about to conduct an arrest. can you imagine if we're about to go on the raid in compound in karachi and someone said we're about to. they're leaking like seives in

the media. they shouldn't be telling people there is a video from lord & taylor. if this is in fact terrorists, we don't know they are, if this is islamic terrorists there could be other cells, what we want to do is capture this guy and hold him without telling anybody we have him and question him for intelligence and find out what's going on. instead we have law enforcement officials going on record with the associated press saying we're about to arrest somebody, it's a massive, massive intelligence-- >> in defense of the associated press we've had federal law enforcement officers telling our own dot-com property that arrest has been made and the boston police saying it's not true and three enforcement agencies say they're not true. not only are they leaking, but contradictory information. sort of what i said the beginning of the broadcast we won't know anything for sure until we hear directly from the fbi and i want to ask you, steve, why you think we haven't heard from them directly yet. a tweet from the boston police, okay, great, but would somebody come on camera and

set the record straight? >> no, they're not going to set the record straight until they have somebody in custody or somebody firmly identified and ready to make it public. look, they may know somebody, they may have identified somebody. and they may want to conduct surveillance on the guy for several days and that's what happened in london in 2005. in the london subway bombing when there was another cell and they tracked them for three days before informing the public they identified them to see who they're meeting with and who the contacts were, other members of the cell. they could be doing the same thing right now. they would not make that public and the fbi is traditionally very tight-lipped about the information. unless they're 100% about the arrest-- they're not going to make an announcement there was an arrest or wasn't an arrest. >> megyn: they don't have to rush to it because the news outlets get excited over these reports. it's not their obligation to come debunk information that

the news is getting out and they have to get it right and come to the cameras when they're ready. >> exactly, and they're not going to-- >> let me pick it up with you guys there. five seconds from a hard break and i want to continue this panel right after. stay with us. tony used priceline to book this 4 star hotel. tell 'em why. free breakfast with express deals, you can save big and find a hotel with free breakfast without bidding. don't you just love those little cereal boxes? priceline savings without the bidding. by the armful? by the barrelful? e carful?

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>> fox news alert and we continue to keep an eye on the federal courthouse in boston although right now we have no reason to believe that anyone has been brought there. in fact, the boston globe is reporting that they have been in touch with the u.s. attorney's office and that the u.s. attorney's office has issued a statement saying there's been no arrest and no one is in custody. so that's an additional piece that no one is in custody. of course, i want to say again, custody is a term of art in legal circles. that doesn't mean they're not questioning anybody and so on, we have no reason to believe right now based on the conflicting reports that we've received that they even have a person's name. we don't know. i mean, steve is--

steve emmerson they think, according to sources, they know who he is and i'll ask you guys this what you think and i'll start with you, peter newman, whether you have any doubt at this hour they're going to find the guy if they don't have him already. >> i don't have any doubt, but the question is, if no arrest has been made at this point to leak that kind of information would -- i very much hope that an arrest has been made because it would really be irresponsible to do that and not to have someone because it gives that opportunity, gives that person the opportunity to get away. so, that would be really, really irresponsible. >> megyn: you know, here is what happens. a news outlet will report it and then other news outlets hear it and then they call law enforcement officials that they are in contact with and say this is what's being reported. can you confirm or not? and normally, if your source can't confirm it they'll say no i can't confirm it. it appears that several confirmations were issued when

perhaps they should not have been. at 2:48 p.m. we don't know. all we know for sure is that the boston police directly tweeted out no arrest has been made. and listen, this is right now, marc, we're talking with about a media story. the media is all over the board on this. this is not about the media it's about somebody who unleashed hell on our citizenry and a monday afternoon trying to support their loved ones and ended up getting their legs blown off or losing their lives. and that's the story we're trying to cover and bring to the viewers and that's the story and the most important thing is whether we believe we're well-positioned to find out who did this. what we're told there was no chatter and despite our best efforts to monitor chatter we didn't hear any. even janet napolitano the homeland security secretary says they don't have any reason to believe there's a

larger connection-- or a larger plot unfolding, i have it right here. right now there's no current indication that the boston marathon bombings were a part of a broader plot. your thoughts on that statement. >> well, we don't know-- >> that's for marc thiessen. >> okay, yeah, we don't know whether or not there was an international element and even if it turns out it was islamic extremists we don't know if it's al-qaeda central or al-qaeda arabia peninsula or lone jihadist like hassan or somebody in the fort hood shooting. we don't know. if it was an al-qaeda central plot this would be puzzling. it's not their m-o. one of the mysteries after 9/11, why didn't they do stuff like that after 9/11. they were going tore the bick bick-- they were going for the big

ones. and blowing up planes or a tower. they could have done a string of bombings, if we've made it so hard for 9/11 and they've shifted tactics, it could be the first of many. >> megyn: we're getting breaking news from the fbi. i'll bring it to you next.

>> fox news alert and now we have a statement from the fbi. a written statement in advance of what we are told will be a press conference they will hold at some point in the next few hours and our best information, the last information was that it would be 5 p.m. eastern time and that of course is subject to change. here is the statement in full, quote, contrary to widespread reporting there have been no arrests made in connection with the boston marathon attack. over the past day and a half there have been a number of press reports based on information from unofficial sources that have been

inaccurate. since these stories often have unintended consequences we ask the media particularly at this early stage of the investigation to exercise caution and attempt to verify information through appropriate official channels before reporting. so the information as we know now at 2:55 p.m. eastern time according to the fbi there have been no arrests made. they do not comment in this press release about other suggestions that they may be chose, that an arrest is imminent. that they have identified a fatactfufac fact-- a suspect, and we're heard the gamut this afternoon. all we know for sure no arrests have been made. what we can hope is that one is close because we did not get pushed back on the earlier reporting that they had identified a young man dropping a parcel, perhaps a black backpack at the site of

the second bombing that took place at the boston marathon which was directly across from the lord & taylor and we show you videotape of that lord & taylor and what we believe was the bomb site earlier, thanks to our fox affiliate which had videotaped footage that they provided to law enforcement. as we close out the broadcast, this is what we know, the president and one republican lawmaker have received letters that they believe had a deadly poison, ricin in them, that didn't -- they didn't receive them, but they were sent to them. they got nowhere near the lawmakers. several other lawmakers report suspicious packages that are being investigating. no arrests have been made in regard to the boston bombing and that's all we can say for sure. ♪

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