>> big day today. >> jenna: america live starts right now. >> fox news alert. a pair of major headlines connected to the boston marathon bombing investigation. welcome to america live. i'm megyn kelly. >> in news we first broke in an exclusive last night. we have learned that the mother of the bombing suspects knew as early as 2011 that her older son had been radicalized. f.b.i. telling lawmakers she sent text messages to family members in russia suggesting that her son tamerlan tsarnaev was willing to die for us lamb. this may have happened as early as 2011. perhaps more important, two sources with direct knowledge of a classified f.b.i. briefing yesterday on capitol hill, that

lawmakers now for valuable intel on potential thrts to the homeland may have been lost this week. the reason -- a federal magistrate judge showed up at the hospital where the second bombing suspect is being held and interrogated and the judge read his miranda rights. the f.b.i. says this happened just 16 hours into its questioning of the younger brother in this case, dzhokar tsarnaev. the f.b.i. told lawmakers it was shocked to have its interrogation shut down midstream. it was incomplete. they say the suspect had been providing valuable intelligence until that magistrate judge and accompanying lawyers showed up and upon being read his rights he stopped talking. under the so-called public safety exception to the miranda requirement, miranda you have the right to remain silent, the

f.b.i. understood it would have about 48 hours to question dzhokar tsarnaev before those miranda rights were read. that is what the obama administration had been saying. in the past week or so they could take advantage of the exception which would provide us all the intel we needed. however, the doj filed a criminal complaint against tsarnaev on april 22nd which appear to have resulted in the f.b.i.'s intir dpiags being prematurely terminated. f.b.i. account of what happened in that hospital room is shocking. we're going to get into more details in just a bit. all of this raises many questionsing some of which we will try to answer today. who authorized the filing of the criminal charges on monday? who arranged for this magistrate judge to give him miranda rights few hours later? did it happen few hours after that? why weren't the f.b.i. interrogators on the scene

getting valuable intelligence information from a terrorist suspect consulted first before they came over to read him his rights. and to see the judge walk into the hospital room. has our national security been compromised? as top officials say they now fear. much more on that in moments. first, we wanted to check in with catherine herridge who is live with another update. >> reporter: good afternoon. confirmations, the boston suspect relied on parts of a toy car for detonation, an official with the new york police department testifying that the bombs were in fact very sophisticated. >> these are not crude bombs. these are very effective small bombs. i think people -- i shouldn't use the term its crude device or something of that nature. >> reporter: lawmakers briefed on the investigation tell fox news that the bombs most likely

required formal hands-on training and could not have been built by a al-qaeda manual. one avenue is whether they were triggered by a cellphone app a new generation of american terrorists. >> it's a situation where we are now facing more what europe has faced with an alienation of part of the immigrant population, self-radicalization. that is a different challenge than those that are trained overseas or receive material support overseas and come here to attack us. >> reporter: the official fox news the c.i.a. was contacted by russian counterparts and presented with virtually the same information. the f.b.i. was given six months earlier that the russians believed that tamerlan tsarnaev was a follower of radical islam. the official who asked not to be

identified added that the c.i.a. said no evidence of terrorist activity emphasizing they found no evidence two years ago. lawmakers were briefed on the episode are not faulting the c.i.a. or f.b.i. at this point. >> when the russians first sent the inquiry to look at this individual, we contacted the russians on flee different occasions to ask more information and nothing was forthcoming. >> reporter: after the c.i.a. told that tamerlan tsarnaev was named as a tie database, this is like the walmart of databases. it's massive and from this database that they extract the no-fly list or the terrorist watch list. this is really just a very low threshold. this would not put markers that would prevent you from leaving the country or returning.

>> megyn: we're learning that for sure. katherine, thank you. we have a very powerful line-up of guests to get to the bottom of the new leads this afternoon. in a few minutes, new york congressman pete king on the f.b.i.'s infair gas station, intel breakdown and lawmakers concerns now about whether national security was compromised this week. top of the next hour we will ask doj attorney and drew mccarthy who put the blind shake in jail we will talk to him about why and the call was made to cut off the f.b.i.'s questioning of the suspect. is this from eric holder, did it come from doj? following up on that 2:30 eastern, former attorney general michael mukasey on who is responsible for interrupting. a decision that is being called potentially dangerous. he once held the job that eric

holder holds right now. we will ask him whether it goes to the top and what the fallout will be. >> also on this story, another big development as we learn the parents of the bombing suspect may be on their way to america from russia right now. they could be here within the next 24-48 hours. this is more relevant about the mother allegedly according to two top stories, sending text messages to family members in russia as early as 2011, i know the older son has been radicalized and willing to die for islam. they held an explosive news conference. in that news conference the mother revealed shocking information about her hold older son and claimed the attack was staged and america had taken away her children. trace gallagher has more. and dad says he is coming in the next 24-48 hours. he wants more answers and he

wants to claim the bod of the older son. the mother wants to think about, once she hits soil she will be arrested on a shoplifting warrant. she is accused of stealing $1600 worth of klokt and she never showed up for court date. in the news conference held in the mountains of dagestan, the father said he is not convinced they were not set off by their sons. the mother says that they were set up and red paint was put on the street to look like blood. the mother regrets bringing her family to the united states. listen to her. >> the kids will be safe and it

happened.... >> reporter: the father did expound on tamerlan tsarnaev's visit and the son never showed any interest in chechen people and clearly a big part in the f.b.i. investigation. the father says he is coming to america with no bad intentions just looking for answers. >> megyn: more from that mother just ahead. a defiant claim from the governor of massachusetts. a privacy laws in refusing to hand over any records that would show whether the boston bombing suspects were receiving government funded housing, government provided pay phones, unemployment or other public benefits that might have helped fund the terror attack at the marathon. as far as the rest of the picture, the governor refuses to provide it. we'll have a fair and balanced

debate how you can be on a terror watch list and receiving public assistance. we should be protecting these men's privacy. also the secretary of defense and secretary of state confirmed two instances of syrian forces using chemical weapons against the opposition forces. that is the red line that president obama said should not be crossed or else and now it appears too have been officially crossed. what do we do now? that is just ahead. >> the broader pointed is once we establish the facts, i have made clear that the use of chemical weapons is a game changer. ♪

[ man ] excuse me miss. [ gasps ] this fiber one 90 calorie brownie has all the deliciousness you desire. the brownie of your dreams is now deliciously real. >>. >> megyn: fox news alert on our top story. as we told you moments ago, two sources with direct knowledge of a classified f.b.i. briefing on capitol hill tell fox news that officials now fear valuable intelligence on potential

threats to their homeland may have been lost. after a federal judge and pair of lawyers showed up and read the boston bombing suspect his miranda rights 16 hours into the f.b.i. questioning. f.b.i. believed that it would have 48 hours to question him. once he was told he had the right to remain silent the f.b.i. says he clammed up and has stopped talking. new york congressman peter king is a republican and member of the homeland security committee and congressman, goo to see you. i want to ask you first about these reports that the f.b.i. is angry that the f.b.i. was frustrated, that the f.b.i. did not know or expect this magistrate judge to show up with a prosecutor and defense attorney and read this tsarnaev brother his rights. can you confirm that first of all all and who are they pointing the finger at?

>> i certainly heard those reports. my understanding is that the federal magistrate, she arrived at the hospital unannounced. as far as i know the f.b.i. was not aware that was going to happen at all. the fact that there was a u.s. attorney with the magistrate indicates it had to be coordinated through the justice department and that would be the attorney general. to me the only person who could have been involved would have been the attorney general or somebody directly reporting to him. it's my understanding it was not the f.b.i., and in fact a u.s. attorney was there indicates the justice department knew this was going to happen. it's been a while since i practiced law but i'm not aware of a judge on her own coming to a hospital like this while interrogation is going. to me, it had to come from the top. >> megyn: do you believe we have lost valuable intelligence information of this happening

monday afternoon? >> i thought that the younger brother should have been declared enemy combatant. i thought the public safety exception was too limited. we have been told and understanding was that it would be 48 hours of questioning. that is generally accepted rule when it comes to the public safety exception. the fact it was cut short at 16 hours means there is a lot of information that could have been obtained. if the f.b.i. is getting as much information as public reports say they got first 16 hours, we can only imagine what they would have got, this is one-third of the 48 hours. they had two-thirds of the interrogation goes. yes, i would say definitely had to have hampered and hurt the investigation and since such a wide ranging investigation, every bit of information could be extremely damaging.

>> megyn: eric holder overseas the attorney general's office and f.b.i. how can it be an assistant u.s. attorney and magistrate judge show up at the hospital that the f.b.i. is guarding in which the f.b.i. is interrogating, the only suspect, living suspect in the boston marathon bombing and the f.b.i. gets surprised by this appearance? where is the coordination? where is the communication? >> we've been talking lack of coordination between the various federal agencies in this whole investigation, but now we see it right on the ground. if this is what happened. if the f.b.i. did not know the u.s. attorney was coming and magistrate was coming and eric holder is responsible, she ultimately responsible for the f.b.i. and the u.s. attorney's office, clearly this is a total

mismanagement from the top. it cries out for an investigation as to how this happened. one of the most important interrogations we could have. this is one case where a person was vulnerable. a person that had access to a lot of unanswered questions. yet that interrogation was cut short. i think again, if i had to surmise, the attorney general was concerned with all the talk with people like myself with senator graham and mccain calling for enemy combatant status, he wanted to end the debate right away and give him miranda warnings. >> megyn: the f.b.i. testified that they weren't done. they were not done. they were 16 hours in and getting a lot. i want to shift gears with you. there are reports now hitting the wires and i have it from one source on capitol hill, i wanted to ask you what you shall hearing, that these bombers had suggested that times square was

next on their list. can you confirm that. >> i can confirm it from police sources as part of interrogation which was not made public. the f.b.i. did make reference to them coming to new york. no, this was separate from that. this is times square and my understanding that the police believe that this was talking about an attempted attack on times square. that has not been made public by the f.b.i., but i have that from police sources that times square could well have been -- it was mentioned by the bombers and is believed to have been the next possible attack. >> megyn: one of the many things f.b.i. would have liked to carried further over the hours and days they had. inquired further over the hours and days. >> there are reports that the older brother that was killed tamerlan tsarnaev attended a mosque in the boston area.

the name of the mosque is the islamic society of boston in cambridge. that he had some outbursts that caused quite a seen at the mosque and it was threatened with expulsion. do you have any information or has the f.b.i. been briefed on whether the imam at that mosque called any of that to the authorities' attention? >> my understanding from talking to authorities including police is that the imam never told anybody about that in law enforcement. nobody in the government was told. that is very significant. for someone to be ejected from a mosque because of radical outbursts, that is usually a good marker that person has become radicalized. that was the obligation of that imam to go to law enforcement, either the boston police or f.b.i., someone in law enforcement status because this is happened too often. it happened in new york where a person goes to a mosque, says he

wants to be involved with jihad. they say we don't do that here and that person becomes a jihadist. we had a case in long island that involved two different mosques. going to law enforcement considering the fact that radicalization what leads to is a terrorist attack and that is what happened here. >> megyn: the f.b.i. claims it was not alerted when tamerlan tsarnaev left the country for his trip to russia. do we have believe that the f.b.i. was alerted when he came back? >> it had to have been alerted. the secretary of homeland security that there were a ping. dhs routinely report that to the f.b.i. which should have given that to the joint terrorism task force and i believe to the boston police. there is no record of that happening. this is another unanswered questions in the f.b.i. in how it handled its investigation. >> megyn: congressman peter king

thank you so much, sir. >> much more on this coming up. we got word that new york city is holding a news conference on the bombing suspects' plans for times square. a lot of news breaking this hour. 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. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

>>.

>> megyn: they had another pressure cooker bomb on them when they engaged in a shootout with police last thursday night. it comes in context with the news the f.b.i. was asking about all of these things. major intel concerns. when a federal magistrate judge walked in the hospital room and shut down the interrogation and basically says this ends now. why did it have to be done that particular moment. we have answers for you you and we'll get into it just a bit right here. >> we are watching history being made in texas as an extraordinary moment took place. all five living presidents gathered in dallas for the dedication for the george w. bush presidential library. our own case casey stegall was there. >> as george w. bush noted himself, this is the first time in american history that the parents of a u.s. president have

been alive and president to see their son's presidential library open. boy, it was spectacular moment. george h.w. bush, bush 41, addressed the crowd in a frail voice from his wheelchair. at one point you can see struggling to stand with his son on one side, wife barbara on the other. the crowd of about 10,000 jumped to their feet. a standing ovation from dig any ears, heads of stated, former cabinet members. we heard from all living u.s. president's who took the podium to make remarks. then his moving address to the crowd, bush 43 held it together until the very end. watch. >> i dedicate to this library with unshakeable faith in the future of our country. the lead a country is brave and as noble as the united states. whatever challenges come before us, i will always believe our

nation's best days lie ahead. god bless. [ applause ] >> reporter: you can see a couple of tears, winking at some of his friends in the audience. he retired from politics and happily so, but he pointed out not retired from public service. that is really what this center embodies. this is not just a library and not a museum but the bush institute is also housed under this roof. that institute is dedicated to education, addressing other major issues, not only affecting americans but affecting people all over the world. there are moments in our careers where we have a front row seated to history being made. i have to say today was one of those days. you pinch yourself you are grateful to have a job like this. pretty cool. >> megyn: absolutely. thank you. dana perino will join us live.

she join us live next hour. we are awaiting a news conference in new york on reports that the boston terror suspects had times square on their target lists next. more ahead from the parents of these suspects in a bizarre news conference. we will show it to you. the u.s. secretary of defense and secretary of state both confirm at least two instances of syrian forces using chemical weapons on the opposition. that is supposed to be the red line for us in america. breaking news on that. senator graham is here to react in three minutes.

>>. >> megyn: fox news alert. very big news, an hour ago from the middle east and the civil war in syria. both secretary of defense and secretary of state are now confirming that the syrian regime have confirmed they are using chemical weapons on its own people, this after disturbing video like this. men and women and children being treated for horrific injuries. there have been reports of some folks, quote, foaming from the mouth. we remain unclear where we stood with chemical weapons in syria. wendall goler is live at the white house. >> reporter: they say the evidence is still definitive but

yesterday, defense secretary chuck hagel shrugged off claims as mere suspicions. today he told reporters it has gone beyond that. the white house informed members of congress, our intelligence does assess with varying degrees of confidence that the syrian regime has used chemical weapons on a faul small scale in syria. secretary kerry says they were used in two places and sources tell fox news, about 20 people were killed but secretary hagel more evidence is needed. >> we need all the facts. we need all the information. what i've just given you is what our intelligence community has said they know. as i've also said they are still assessing and still looking at what happened, who is responsible and other specifics that we'll need. >> reporter: some republicans

have been pushing the obama administration to establish a safe haven for the assad regime in syria and protect it with a no-fly zone. they wanted to supply weapons for opposition firefighters. mccain says they need nor evidence to corroborate is an excuse not to act. lindsay graham a wants ants action plan that the chemical weapons are skuishd once assad is deposed. they say they are not calling for the u.s. to send troops to sear graduate bu the obama administration is reluctant to even send weapons. speaking of lindsay graham, he is with me now. your reaction now. we understand it was your letter along with john mccain that revealed this intelligence. they responded to you in a letter as wendall just quoted that our intel does assess with

varying degrees of confidence that the syrian regime has these weapons on a small scale? >> they say moderate to high probability. the israelis confirmed from their intelligence sources the use of chemical weapons. our european alleys have confirmed from their intelligence sources the use of chemical weapons. our people say moderate to high probability. when you talk to syrian opposition, they will say hundred percent that assad have used chemical weapons. i think the red line has been cross and at question is now what. >> megyn: this is an important one. this is president obama on the red line and use of chemical weapons. >> a red line for us we start seeing a whole bunch of chemical moving around or being utilized. that would change my calculus. >> the use of chemical weapons

is and would be totally unacceptable. if you make the tragic mistake of using these weapons, there will be consequences and you will be held accountable. >> broader point is once we establish the facts, i have made clear that the use of chemical weapons is a game changer. >> megyn: a game changer. so what does that mean now? >> i hope it means that we, the international community will rally around this new evidence. they have killed 70,000 people. you listen to senator mccain and myself we would have stopped this before i it got out of hand. i hope the international community will provide a safe haven for the rebel forces. arm smartly weapons in the right hands and neutralize the syrian air force and neutralize their tanks, it would end quickly.

there is enough chemical weapons to kill thousands if not millions of people. i wanted a game plan, i want the syrian opposition council to renounce the use of chemical weapons and allow them to be controlled and destroyed. that is big prize to get those chemical weapons in our hands and international community have them destroyed. >> megyn: how do we international partners taking the lead. american people don't have a lot of appetite for getting involved in a civil war in syria? >> i hope they don't have a lot of appetite for radical islamists get chemical weapons. the only reason they haven't killed millions of americans is because they can't the question get a hold of the technology. so the international community if we would need would follow, regional players like turkey and jordan, there is all kinds of regional actors even the

russians would want us secure these chemical weapons. come up with a plan so the syrian opposition shouldn't get for the from us unless they degree to destroy the weapons, come up with a plan now. assad falls somebody on needs to control those. >> megyn: last question, we broke news about how the f.b.i. gave a classified briefing on capitol hill yesterday expressing the disbelief that in the middle of their interrogation of the boston bombing suspect, in walked a magistrate judge and u.s. attorney read him his rights. they said they weren't done. there were 16 hours what they thought was going to be a 48-hour investigation and now he has clammed up. your thoughts on that. >> this is eric holder crowd basically refusing to embrace interrogation techniques

available to us to make us safe. we shouldn't have relied on the public safety exception. there is examples of radical islamic motivations here. we should have looked at this as a potential enemy combatant cantd situation and gathered intelligence from this young man that could not be used in the criminal trial. that would be -- i know that the f.b.i. agent and the counter terrorism experts 6 to be incredibly frustrated that they couldn't continue to interrogate this suspect. this was a big mistake. the underwear bomber, christmas day bomber, osama bin laden's son-in-law was put into the criminal system. we have a right to do it under the legal system but we don't use it in this administration. i know the f.b.i. has to be very frustrated.

i know they got to be. >> megyn: are we sacrificing national security in terms of criminal procedure? >> we are trying to play ltheree is and it's going to bite us and writing this as knock off jihadists. bin laden may be dead but radical islamists a alive and well. >> megyn: much more on breaking news. as joined by the former attorney general of united states and will ask him if the a.g. was behind this. and news from new york city any moment now on reports that the boston terror suspects had times square as their next target. we'll bring you the news as it happens. up next, massachusetts is refusing to hand over any records courtesy of the governor, that would show whether these bombing suspects used taxpayer assistance to help

fund their attacks citing privacy concerns of the alleged bombers. .. ♪

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heard confirmed here 30 minutes ago that the boston terror suspects were planning another attack, this one on times square. remember, when they were in that shootout with police on thursday night they were said to have thrown out a pressure cooker bomb. as we get that news we will bring it to you. we are following reports from the boston herald that the massachusetts governor's office are refusing to release any taxpayer bfs the accused bombers may have been receiving. they are citing privacy laws. critics say the public deserves to know. as questions remain, on how the attack was funded, how the older brother who was on a terror watch list continued to receive public assistance and now people want to know just how much he was getting. joining me now is mark theson and former speech writer and

john linko is president of linko consulting. i'll start with you on it, john, because this democratic congressman, steven lynch came out and said the public has a right to know whether this terror attack was funded by public money. your thoughts. >> i think it would be outrageous if it was. he is an american citizen and he is presumed innocent until proven guilty. i think he is guilty as sin. at the same time, i'm not understanding what the urgency. >> megyn: what about the dead guy? >> at this point, he is dead. in terms of releasing.... >> megyn: why are we worried about his privacy? >> what do we gain releasing all this stuff. whether they were on welfare. is it an excuse to attack welfare recipients. >> megyn: don't we do i have

deserve to know whether we paid for the bomb? >> there are all kinds of things we need to figure out. when you talk about the terror watch list and we see the welfare, what frankly truly outrageous you can buy guns and explosives on the terror watch list. that is something that is far more relevant to what we're trying to prevent here. >> megyn: mark? >> of course people are outraged that the governor is not being more forthcoming and people are outraged that a person terrorist was receiving money from the taxpayers. the problem is they were taken off the terror watch list. if you are a person that you are watching for terror activity, c.i.a. and f.b.i. have intelligence on them, you probably don't want to share that information with local welfare authorities because they may tip them off. so the fact they didn't share that information or take him off the welfare rolls is not the problem. the problem is we had

information this guy from russia this guy was a radical islamist and he left six months and come back into the united states without setting any alarm bells. the outrageous is nine years after the underwear bomber was read his miranda rights, we are still reading miranda rights to terrorists. those are things we should be outraged about not the fact he is getting welfare checks. >> megyn: the administration's own f.b.i. performing it's interrogation and the f.b.i. agent saying we're not done. he is giving up valuable intelligence information. low and behold, outcomes miranda. >> remember, that after the underwear bomber in 2009, eric

holder that the miranda law was a problem and he promised he was going to congress a try to get more flexibility in the miranda law. what happened to that. why are we still under the same miranda laws. if they want to do this to criminal justice system, i think we should declare them enemy combatants. if you are going to use the criminal justice system, why don't they fix that four years have after they read a terrorist his miranda rights. >> megyn: we're going to talk to andrew mccarthy. the guy who put the blind sheik in jail. he will talk to him about whether this hole public safety exception argument we got from the administration, don't worry, we will go public safety exception to miranda. it was a big fraud. whether it was big fraud that was perpetrated on the american people because that exception under their own interpretation

and behavior gave them not enough time, gave them not enough time. f.b.i. interrogators had said so. after this break, we'll pick up the debate. how are you on the terror watch list and getting public benefits at the same time? ...or letting them know they can reach geico 24/7 using the latest technology. go on, slather it all over. don't hold back, go on it's these high-definition televisions i'll tell ya' they show every wrinkle. geico. fifteen minutes could save you fifteen percent or more on car insurance. by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. and i have a massive heart attack right in my driveway.

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♪ ♪ >> megyn: back with me and john as well. i want to ask you, mark, whether it really is possible, okay, that i mean in your mind, do we have a department of homeland security that is looking at tamerlan tsarnaev on this terrorist watch list, and saying all right, nobody alert anybody, because we want to hold on to that information? isn't this exactly the kind of thing that you would want the government agencies to know about, at the state level as well? whether that includes, you know, the governor's office or welfare offices, i don't know.

isn't that something meant to be shared? >> yeah. one of problems after 9/11 we didn't have enough information. we could have stopped the 9/11 attack if the f.b.i. were sharing information. so information-sharing is important. but there are limits to information sharing. it probably stops a at the massachusetts welfare office. i wouldn't trust the people of massachusetts welfare people not to tip off the terrorist, by cutting off the welfare benefit he was on a terror watch list. you don't want to let the people know you are investigating them sometimes. so i think it might be understandable and there could be an explanation why he was getting benefits. what isn't understandable how we had the intelligence about the guy, that turned out to be right, because he blew up a backpack bomb and killed people in boston, yet we took him off the terrorist watch list. how did he get off the terrorist watch list? that is the intelligence failure we should be concerned with. >> megyn: was that a problem at the time with the privacy and rights they are now citing to refuse to turn over the information whether he had

public assistance. >> i want to defend massachusetts. the indication that massachusetts in particular can't be trusted and maybe it was unintentional but that is not fair. i do agree with mark, though, that there is just so much sharing you can realistic do with this information, before you have the risk of tipping someone off. again, are we really going to do background checks for receiving welfare but not welfare for guns and explosives for someone on the terror watch list? do we understand how sure the prioritization is? >> megyn: thank you. we appreciate you being here. >> thank you. >> megyn: just ahead, news from new york on reports that the boston bombers were planning a times square hit. and wait until you hear what the mother of the duo had to say earlier today. you will not believe it. we'll play it for you. [ kate ] many women may not be absorbing the calcium they take

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[ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! >> megyn: fox news alert. at this hour we're following several significant developments in connection with the boston bombing investigation. welcome to a new hour of "america live." i'm megyn kelly. there is breaking news from new york city where mayor bloomberg and police commissioner ray kelly are about to address reports that the suspect's here planned a future attack in times square. here is the mayor confirming that report moments ago. >> good afternoon. i'm joined here in city hall by the police commissioner ray kelly. ten days ago, our city and the nation received a horrific reminder that we remain targets for terrorists. immediately on news of the explosions in boston we mobilized the new york city

police department vast counterterrorism operation, because we thought there was a possibility that they could be a related attack here. we know that possibility was, in fact, all too real. we were inform by the facebook that the surviving attacker revealed that new york city was next on their list of targets. he told the f.b.i. that he and his brother intended to drive to new york and designate the explosives in times square. they built the additional explosionives and we know they had capacity to carry out the attacks. if god forbid they arrived in new york city and gone to times square -- >> megyn: all right. the mayor went on the say the security arrangements were in place to handle that. then wrapped it up. we will monitor for more news. he is done speaking. that was the entirety of his remarks. we'll have more on it just ahead but first we are also hearing from the family of the

suspects speaking out after a shocking revelation, that the mother as earlier as 2011, knew the older brother tamerlan was radicalized and was ready to die for islam. again, this is for example news exclusively reporting that the mother knew that fact about her son. told it to other family members. the information was she communicated it via text message with someone believed to be the ex-husband of one of her daughters. that is my information. not positive about that. but a family member over in the russian area. further along the line, the younger brother djokovic told them that tamerlan was the mastermind of the plot and he was recently recruited to help carry out the plan. the parents denied that. this runs about three minutes. listen.

>> do you now accept it was your children who carried out the attacks in boston? >> no, i don't. and i won't. never. >> do you regret living in the united states? >> no. i think it would be better -- [ inaudible ] way up in the village. >> in the village. somewhere, like nobody but our family, with our kids, and i would be happy with this. my kids live and everything would be like fine. so yes, -- now in america. now. why did i go there?

why? i thought it would protect us and we would be safe for any reason. but it happened. in america. why? why? i'm like sure that my kids were not involved in this. >> did you notice any changes? >> we should see the changing, right? any change, any, i can feel i it. did you hope to return to

united states? >> they already told us that they never going to show us the car, you know. it would be like put in this jail, and we won't be able to see. >> who told you that? >> and so, they are already talking about that. i am, they told me i was doing something, you know, what did they tell? like some kind of population, preparing him or i already did something. i don't know. a difference, you know, information, i get. they already want me, him and all of to us look like terrorists. >> so who has been saying that? >> well, they are telling -- >> wait. [ overtalk ] >> i don't know. what iwhere is itfrom?

it's from america. >> megyn: extraordinary. extraordinary. as we listened to her talk, the presser ended in new york and there was one other headline i want to bring to you now. the police commissioner said the boston bombing suspects still had six explosive devices for possible use in a new york attack. six. you see why they were intent on stalking to suspects. and this is coming as we get word that the f.b.i. had not, as i just said, finished the interrogation of dzhokhar tsarnaev in the hospital. the agent, the f.b.i., told lawmakers on capitol hill yesterday that they were stunned in their description to see a magistrate judge and assistant u.s. attorney and public defender show up at the hospital, and basically take over. they have begun to scratch the surface on what intel dzhokhar

tsarnaev would provide and shutting down the interview on sources of capitol hill may have put the country at greater risk. how does this happen? joining me now is andrew mccarthy, the diorlaw and count. a well-respected former federal prosecutor who put the blind sheikh who bombed 1993, world trade center, first bombing in jail. so you are a good man to talk to about how this works, you can lay it out. >> every presentment i was involved in -- presentment is the first appearance before a judge in court. >> megyn: that's what happened in the hospital. >> right. what happens is the prosecutor on the case, the assistant u.s. attorney will basically call and make arrangements for presentment before the magistrate, line-up, court reporter, line-up, interpreter if necessary and make sure the

case is assigned out the whoever the legal aid lawyer is on duty that day and so forth. >> the u.s. attorney work for eric holder ultimately. >> he works for the u.s. attorney in boston who is a presidential appointee, but the justice department is run by the attorney general. >> megyn: is there any chance he went rogue and said monday is the day to file the complaint. i'll have f.b.i. sign off on it. i'm filing it on monday a and i'm going to call the magistrate judge, we're going to the courthouse or hospital? >> impossible. this is the most important case in the united states? there is a major debate whether this person should be handled as enemy combatant in wartime. we are under authorization of military force by congress. there is a major public debate

about whether this should be criminal justice case or military case. the attorney general is involved in it. other people in administration are involved in it. the u.s. attorney are in boston, who is a presidential appointee involved in it. no way line assistant u.s. attorney is making the call. >> megyn: this would have been highly coordinated in your view? >> absolutely. >> megyn: they made the decision and once they made that decision to file the criminal complaint on monday they set chain of events to result in judge showing up, the guy being mirandizeed and that begs the question:: did we do the right thing? do the right thing in treating him as criminal defendant in the criminal justice system who would be mirandizeed? we were told by the administration, don't worry went have a public safety exception, and that will allow us up to 48 hours or so -- enough time, is what they said, to question him and get what we need. >> first of all, 48 hours wouldn't enough. the thought that 48 hours is enough to debrief this guy is preposterous. this is the kind of guy who should have been debriefed over a period of weeks if not

months. that process goes on you ask questions and get leads and go back to the guy. you take pictures and you bring back pictures, who is this, what is that, who what does this mean or that mean? it goes on for a long time. the thought it's completed in this situation in 48 hours is nuts. but the thought it could be done under the public safety exception and that would be fine is also preposterous. because the public safety exception is not designed to give the government a leg up in developing a case against somebody. designed to address an immediate threat to public safety. for example, if you arrest somebody and you have empty hollisteholster, it suggests a n must be about. they can ask where is the gun before miranda rights first. and then if they find the gun, it's shut down. >> megyn: so people like you said don't treat him as criminal defendant. we have to treat them as something else. we worry about the

constitutional rights but we have war on terror and we worry about the national security. was national security compromised here because we were so worried about criminal procedure? >> i don't think it was actually compromised. i don't think it's potential. if you have somebody who is a terrorist operative who carried out an attack who appears to have sophisticated weapons and multiple cities that were targets and you have hism here to speak to, and you stop speaking to him before he told you everything you need to get out of him, that is not, that is not a potential compromise of national security. that is an actual national security lapse. >> megyn: you know what the other side will say. oh, he has rights and an american citizen. he has a lawyer, they can talk to him through his lawyer. >> a month from now or two months from now when we make concessions to him on either his conditions of confinement, or about his case, you give him cards to play and chips to play. you think the interrogation is the same? if you designate someone as enemy combatant, not to say

you can do it for everyone but there has to be a reason to think he is related to the enemy congress identified in the authorization of military force, which the more we learn about that, the more we see there is a -- >> megyn: might be. >> if you have that situation, designate him as enemy combatant. you don't have to get a lawyer involved. you don't have to give him empowerment in the negotiation. in other words, he doesn't have to say i'll talk to you if you drop a charge. you just get to talk to him and you talk to him for however long he helps you. if you start the other proces process, as soon as miranda attaches you give miranda. >> megyn: maybe we cross the "t" in criminal proceeding but national security goes, maybe not. you said the obama administration changed term enemy combatant to unprivileged belligerent in 2009. great for your insight. much more as the former attorney general of the united states michael mukasey will join us ahead to weigh in on what he thinks really went down here.

and whether he compromise national security by getting to this guy too early and treating him this way. up next, five presidents on one stage making history at the opening of the george w. bush library today. dana perino was there. she is next.

♪ ultimately the success of the nation depends on the character of the citizens. as president i have the privilege to see the character up close. i saw it in the first responders. who charged up the stairs, in to the flames. to save people's lives from burning towers. >> megyn: former president george w. bush remembering 9/11 there, at the dedication several for his presidential center. and four of the other live -- well, the four other living presidents there for the historic occasion. as they pay tribute to president bush 43. dana perno was there and we

talk many times about your fondness for president bush and i know how much you think of him, not just as a leader and a boss but as a man. it must have been a privilege to be down there. you interviewed him and attended the event today. you got a chance to talk to him in a way you never did before as a member of the press, as opposed to guarder against them. >> yeah, we are going to have the interview on $5 footlong tonight in full. i think we're going show a clip in a second. i'll set the scene for today. in many ways for m like the closing of a chapter. wonderful chapter. we did the ground breaking two years ago, the building is on time, under budget. the whole event was awesome. i can not remember when president bush had good weather at one of the great events. everything fell in place. seeing 41 there with his son

43, i just started crying at that point and i couldn't stop until the end. >> when you sat down and you interviewed him, you made some news on many subjects. we will hear more about it on "the five." we have a clip queued up about his work with bono. >> africa is a huge part of what he did. caring for people -- freedom is the theme throughout the museum. from global poverty and disease is one of those. i talk to him about something people don't realize he has a good friend in rock star bono. >> our trips to africa were eye-opening, and enabling one to have a proper per speck tiff. i stirs your heart because you want to help. i believe the human condition matters to the national security of the united states. i believe it's important to

serve others. >> you have a letter in here to a big rock star. >> i do. bono who became a pal. he was skeptical of me and frankly i was skeptical of him. we have became pals because we share a common desire to help others on the continent of africa. bono, so the real deal. >> so that is my quick talk with him about africa. what i try to do in the interview, i wasn't trying to break any news. i want people to get to know president bush the way i knew him. as a leader, as you said, in some ways like a second father to me. a very good friend. the honor of my life to come back and walk through the replica of the oval office with him and not have to brief him on what was coming up at the press conference. i got to ask him whatever i wanted. >> you told me before one thing he did when he took the oval office was to say to one of the top staffers now don't run off all my young mothers. he wanted to make sure the demands of the white house didn't force women to choose

between their career and families. i love that story. i know in your peace you posted on foxnews.com your favorite memories on him, you talk about how he knew people, he knew how some people needed chiding, others need to be pushed. but you needed reassurance. tell us what he would do as a result when he called you in the oval office. >> i don't know if you are the same but i was worried if somebody -- if i got called to the principal's office i had done something wrong, especially though i knew i hadn't. >> megyn: what did i do? >> that was the worry i had. that carries with you through your life and in your career. at the white house, he would summon me, he would make sure to let them know, "and tell her there is nothing wrong" because he didn't want to panic band worried. so he got to know us all. there are young moms at the time. the young moms, many of the kids goingbe to college now. karen hughes was here for example. margaret spelling. desiree sales, dina powell. all the women that were friends of mine and many others i haven't even mentioned that got a chance to work in the administration. today was just a wonderful

cherry on top of the whole sundae. we loved it. >> megyn: one other thing to share, you write in your piece every week he had a secure video conference with the iraqi prime minister and afghan president and you learned from the strong and gentle guidance, all, respectful, firm firm encouragig and non-condescending. he strongly, graciously defended america. give you the last thought. >> i had a chance because he trusted me to sit in on the secure video teleconferences. the information was classified. the conversations were secret. but i can describe the conversations for you and i would see him say to the prime minister malia what do you think, mr. prime minister? what would help you in your decision-making? he would help them be better leaders. i wish every day i could be more like him. >> megyn: it's always great to hear you talk about him. i'll look forward to seeing a more complete rundown today on $"the five." thank you, friend. >> thank you for having me. >> megyn: up next, our first look at the new video today

showing the moment gunman tried to shoot his way in the office of the family research council last summer. that is next. plus, the former attorney general michael mukasey is here. ♪ there you go. come on, let's play! [ male announcer ] there's an easier way to protect your dog from dangerous parasites. good boy. fetch! trifexis is the monthly, beef-flavored tablet that prevents heartworm disease, kills fleas and prevents infestations, and treats hook-, round-, and whipworm infections. treatment with fewer than 3 monthly doses after exposure to mosquitoes may not provide complete hrtworm prevention. the most common adverse reactions were vomiting, itching and lethargy. serious adverse reactions have been reported following concomitant extra-label use of ivermectin with spinosad alone, one of the components of trifexis. prior to administration, dogs should be tested for existing heartworm infection. to learn more about trifexis, talk to your veterinarian, call 888-545-5973

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>> megyn: dramatic moments in the port of mobile, alabama, overnight when a fuel barge caught on fire and blew up. watch this. >> the massive fire critically burning three workers. and the coast guard now reporting that the cause appears to be accidental. a crew cleaning the barges caused a spark that triggered the explosion. the blast forcing the evacuation of worker from the carnival cruise ship across

the river. triumph docked there and has been since it broke down in the gulf of mexico in february. remember that? it had to be towed back to port. wound up in mobile. we are getting our first look at dramatic surveillance tape from last summer. i shows the awful moments when a gunman tried shooting his way in the offices of the family research council. and how a brave security guard headed off what could have been much, much worse. trace gallagher has the story. trace? >> reporter: the gunman is name corken and he planned that attack because he was angered that the ceo of chick-fil-a came out in support of traditional marriage. he loaded the gun and he bought 15 chick-fil-a sandwiches and he went to the family research council. the plan was to shoot the people there. and then to rub the send witches in their face -- sandwiches in their face as they died. i want to show you this video because it's the first time we are seeing it. that is the man right there. corken, he walked in the family research council and walks up you will see with a briefcase, you can see the

security guard right there. pulls out the gun and fires three shots. the security guard was hit once in arm but was able to get a jump on corken as you see there and able to tackle him and the police came quickly and arrested him. that security guard did, in fact, survive. now listen to floyd lee corken explain why he chose to target the family research council. >> how did you choose this building and organization? how did you find it? did you look it uponline? >> it was >> reporter: the family research council by the way, conservative group that promotes family issues, opposes gay marriage and abortion. tony perkins came out and blamed the southern poverty law center but this videotape is the first time we have seen

the suspect come out and say that perkins was correct. we called the southern poverty law center. we e-mailed them. so far, they have not issued a response to us at all. >> megyn: okay. trace, thank you. well, troubling new details just ahead, as new york city police commissioner ray kelly details the boston bombers' plans to target times square. next. who exactly authorized what happened in that boston hospital? holding this terror suspect earlier this week. why did the f.b.i. get so angry, saying that this ver gation was cut off -- interrogation was cut off mid-stream and valuable information left untapped? michael mukasey will join us to answer the questions. must this have come from the top? he would know. we talk about it next. [ male announcer ] this is george. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief.

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>> megyn: fox news alert. one of the big stories this hour, the plan by the boston bombing suspects to target times square. after their attack on the boston marathon last monday. moments ago, the new york city police commissioner ray kelly shared this. >> the two brothers had at their dispose sal, six improvised explosive devices. one was a pressure cooker bomb, similar to the two that exploded at the marathon. the other five were pipe bombs. we know that dzhokhar was

photographed in times square with friends. on or before april 18 of 2012. that he was in the city again in november of 2012. we don't know if the visits were related in any way to what he described as the brothers' spontaneous decision to target times square. >> megyn: we are told that the news that the boston plan -- i mean the new york plan came out as f.b.i. agents interrogated dzhokhar tsarnaev in his hospital room. but today we are also learning that that interrogation was in the view of the f.b.i. cut short. magistrate judge and assistant u.s. attorney and federal public defener showed up -- defender showed up at the hospital and the judge read the suspects his so-called "miranda rights" letting him know he had the right to remain silent, which we are told he has chosen to be exercise. joining me from dallas, texas, the former attorney general of the united states, michael

mukasey. he is coming to us from the bush library which just opened and he attended the several this morning. good to see you again, sir. now we are getting report is about the f.b.i. saying their interrogation was shut off 16 hours in to it. they felt they had more time. they wanted more time. they said he was giving up valuable information. and it was shut down. they described themselves as very surprised to see the magistrate judge walk in there with the two lawyers. and now andrew mccarthy said at the top of our show this hour, that this raises all sorts of questions again about whether we did the right thing by putting him in the criminal justice system, as opposed to treating him as enemy combatant or as the administration officially termed them "unprivileged belligerent." your thoughts? >> i want to tell you i'm proud to be doing this from the site of the bush library, named for the president who

didn't hesitate to act andto protect the country. the situation that is presen presented by the brother they capture, is a littl bit unchartered water. the fact is you can't hold somebody in custody except for under the law of the united states. e's not clear that we could have held them in operation of military force because it's not clear he was affiliated with foreign administration at war with the united states. >> megyn: that would have allowed us to clay fir us as -- clarify him as enemy combatant? >> correct. it's not clear if somebody wanted to do it, that we could have. however, once he was taken in custody for a crime, which is lawful, then there is no reason on earth why he could not be taken and interrogated ae with nothing to do with the prosecution for as long as is absolutely necessary to get from him whatever intelligence we need.

the only possible prejudice from that is that if there was an argument raised, something he said bled over to the criminal prosecution, that that, all those statements could not be used against him. we don't need the statements. we don't need his admission. there is a mountain of evidence against him on charges which he has been charged and no doubt, be indicted. what is really needed is intelligence. that chance, looks like it has been lost. in my view, there should be nothing to stop -- this is unchartered water but there should be nothing to stop anybody who wanted to do it, to send a team of people in with nothing to do with the prosecution and getting intelligence from him. he is entitled to be represented by a lawyer in a criminal case. no constitutional provision that says he is entitled to a lawyer in an investigation to get intelligence. >> megyn: how could it be -- i understand, general mukasey, that once they decided to file this criminal complaint against him on monday that

sets the clock ticking. you know, once you have him in custody, you have to get a complaint filed and you have to get the initial appearance where the mirandizeed, miranda is read to him. within, yo, as soon as practicable or however it's phrased. i get all that. how can it be, how can it be we allow ourselves to get in a position where that all was put in motion, by the department of justice, or by assistant u.s. attorney, who, you know, we'll talk about whether he must have coordinated it with the d.o.j. and the f.b.i. is standing there in midof a high value interrogation saying huh? wait! not yet. >> in my view no, reason for that to have happened. they could have filed the charge, and held him, in custody, but continued to question him. continue to have a high value interrogation group question him. that is an aggressive, but i believe a lawful view of what could happen.

the downside could not be dismissal of charge against him. i can't imagine how it happens. >> megyn: they have so much other evidence beside his statement. the assistant u.s. attorney on this case is named william winereb. another person helps william out. is there any chance that ausa just did it on his own? said you know what? he was arrested, taken in custody friday night. it's monday. i'm filing the criminal charg charges. going to check in with the magistrate judge and he needs to have his initial appearance and i'm not going to bother to run this by eric holder or the greater d.o.j.? >> no, that is above his pay grade. >> megyn: is there any -- >> that decision was made from the top. >> megyn: is there any chance that holder hol himself wouldn't have weighed in on it, on a case this big? >> i can't see how he would not have. i certainly would have in his place. >> megyn: so that means eric

holder understood. if that is true, he understood filing the criminal complaint on monday would result in initial appearance at the hospital with a magistrate judge where miranda would be provided and he went ahead with the plan anyway. and according to the f.b.i. agents, nobody was asking them about whether they were done. and about whether they needed to continue their questioning, as we now learn this guy may have had another big target in his sights. >> yeah. again, the filing of the charge, didn't have to result in interruption. but i can't believe that somebody didn't tease it out, and say all right, file the charge. but do not go in until the high value interrogation group says they are done. that is what should have happened. >> amazing when you find out initially the suspect reportedly told them we were going to go to new york to party.

then or further questioning they got out of him it wasn't to party. trip to times square with six bombs. who knows what we would have heard if the questioning went on for 16 hours. give you the last word, sir. >> earlier report they said something similar to people whose car they carjacked they were going to new york. secondly, what this illustrates sadly is we haven't learned much, since the underwear bomber. who you remember was mirandizeed and from whom we didn't get information that could have saved a lot of grief later on. lessons aren't learned. >> megyn: thank you for the service to our country as evidence by your part in the museum behind you. and for being guest on our program. we appreciate it. >> good to be here, megan. >> we're still taking your thoughts on it. follow me on twitter. we'll wait to hear from the justice department on exactly what decisions were made, will we continue to question this suspect? outside the presence of his lawyer. because we don't want to use

the statements necessarily for the criminal case. can that be done in the attorney general's view? hopefully we'll get answers from d.o.j. moments ago you heard mayor bloomberg warning about about what happened or what the threat was to new york city. he warned the security in place, in new york, might not have stopped the boston bombers if they managed to target times square. up next, we will talk about security and the future of events in this city and elsewhere. three minutes away. we had never used a contractor before

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the investments we made in counterterrorism operation, technology and intelligence help reduce the possibility of a successful terrorist strike. but they certainly do not eliminate it. nothing can do that. we don't know if we had been able to stop terrorists if they arrived from boston. we are thankful that we didn't have to find out that answer. >> megyn: wow! that was mayor bloomberg in the top of the hour. warning that all the security in new york, might not have stopped the boston bombing suspects if they had decided to target times square. ironically, yesterday, the mayor announced the city would be beefing up security at all new york sporting events. not really ironic. now a growing sense that the bombings and the boston

marathon may do to the sporting events what the 9/11 did to the airports. joining me now sportscaster and fox news contributor jim gray. is that our future? just complete change in our sporting events the way we saw an airline travel post-9/11? >> it's already been in place. it's been the past, really, gone effect since 9/11. if you go to any nba arena across the country, you have to be wanded or go through a metal detector. every bag is opened and searched. same with every nfl stadium. we have had it in place. some of the other places are looking at it. major league baseball left it up to the discretion of each individual club. no mandate from league. it's evaluated. >> megyn: whether you walk through a mag every sporting event you go to. what about the events like a marathon? 26 miles long? how do you secure that? >> at any sporting event when you get in stadium; particularly, the nfl and a place you have been wanded that event is secure in that range. bowles. a lot of these ara lot -- the s.

a lot to national security events but if you're outside the ring, like bloomberg said how do you protect that? it'it difficult. i spoke to kentucky derby that morning and they are making wholesale changes. no detached camera lenses no, back packs no large purses. is there is all kind of things that are banned now. they will have some of the ladies take off their hats to let them see what is on the hat when they go through. >> megyn: wow! >> a lot of stuff going on. >> megyn: a lot of hair, let's hope. >> and spray. >> megyn: that says something. kentucky derby, the iconic look of the women and their large hats and now you have to worry what do they have in the hat? i know you looked in to this. you have been looking in to this before boston about what we're doing to secure such a major american pastime, attending sporting events. we have a little bit of that for you. watch here. >> tight security at major venues like the olympics and the super bowl has become as commonplace as front hand

spring or kickoff return. but for an or ordinary sporting event like stadium in los angeles, to downtown event at arena, the need for post-9/11 security remains the same. >> in today's world in counterterrorism world, there are no ordinary events. there events like this, facilities like this, where the people gather and the media attention. >> the attack in boston reinvigorated the law enforcement and prompted sports executive across the country like dodgers' stan casten to evaluate safety procedures. >> we do all that we can to assure a safe, comfortable experience and i am confident we are taking appropriate measures. >> megyn: do you think it will affect the psyche of people who attend sporting events? because it was interesting at the boston marathon bombing how they seemed to be going after the fans. you know, and the people who were killed were the fans. rooting on their loves ones an

their friends. will this deter that at all? >> i don't think so. we have had safe arenas and staplums in country and we thought they have been targeted. since 9/11. even prior to 9/11. i think the safest place for fans is inside the stadium. how many times can you go in a mall or go in some place other than a stadium or an arena and you are not getting this type of security? the fans will come out because it's very safe. >> megyn: you know a lot about athletics, about sports. it's tough to scare an athlete. it's tough to terrorize an athlete. they are used to picking thems up, dusting themselves off and moving on. i just seems -- it just seems tough to say no one will run the marathon who would have run it in the absence of this attack. the psyche of the american people first and foremost, but really the american athlete is stuff to beat down. >> i think athletes all over. we had monica selles stabbed by a fan many years ago and a fight where a fan, a guy came

in on a parachute in a riddi riddic-beau fight, and mike tyson fight and he parachuted in. in this day and age if we would have seen him parachuting in, he would have been shot by the police. >> right. >> we have seen things happen. sports fan continue to go and the athletes don't pay a lot of attention to it. security around the bench areas and the security on the field of play is stringent. if you have a wacko, a wacko is a wacko and someonedy meanted that wants to per seven wait a crime it's difficult to stop. but the -- perpetuate a crime it's difficult to stop. stadiums are safe. >> megyn: good to see you. coming up, new questions how much the feds knew about dangerous chemicals stored in that texas fertilizer plant that blew up in the tiny town of west. killing more than a dozen people. that's next.

>> megyn: we're rating for president obama's arrival in waco, texas, where he will speak at a memorial for the 14 people killed in the fertilizer plant explosion in the tiny town of west. now there's questions whether the feds knew about the dangerous chemicals. reporter: of the 14 people who died, ten were firefighters, and now there's word a lot of the firefighters might not have known there were explosive materials inside. and a rot of authorities did not know there was amoan numb nitrate, and those who knew didn't know how much. ammonium nitrate is the same stuff tick mcvey used. it's popular for certain lieser.

federal, state, and local authorities are supposed to monitor the site, and some state inspectors had been there several times in recentees but the epa, the department of homeland security, did not know that ammonium nitrate was being stored there, much less 270,000 tons stuff. the last time osha inspected the plant what 28 years ago. it's very unclear even if the local volunteer fire department had plan to deal with an accident, and turns out nobody addressed one of the biggest concerns in the tragedy, why homes, schools, and nursing homes, were built so close to the plant. that was not supposed to happen. the cause of the fire still being investigated. listen. >> we were able to map out the crater site itself. the width was 93 feet. the depth was ten feet.

so wore working to determine cause and ore gyp of the fire, and the fire scene itself. >> they claimed it to an the archaeological dig. >> megyn: breaking news out of washington. the administration saying there's evidence chemical weapons have been used in sirra, something president obama said would be a game-changer. we're getting word lawmakers will be briefed to. breaking developments ahead. okay, team! after age 40, we can start losing muscle --

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>> megyn: we're going to be discussing the questions tonight on the o'reilly factor. thanks for watching. >> shepard: the news begins anew on studio b with two breaking stars. were the accused boston marathon bombers setting their sights on number city? officials here athey were. targeting times square. the white house says intelligence shows the syrian regime has used deadly nerve gas on its own people. more proofed inned? three people badly hurt after a series of explosions on barges filled with fuel. and the carnival cruise ship triumph in the middle of it all again. that's all ahead, unless breaking news changes everything. an "studio b."