courageous confrontation and unique style. that's all the time we have this evening. let not your heart be troubled. greta is ne see you back here tw night. thanks for being with us. >> greta: this is a fox news alert. the boston marathon was not the bombers' original target. fox news correspondent david lee miller is live in boston with the breaking news. david lee? >> greta, sources are telling fox news that the boston bombers assembled their devices in the apartment of tamerlan tsarnaev in cambridge, massachusetts, a home he shared with his wife and child, raising serious questions about how he actually went about constructing the device. also a national security source is telling fox's katherine harridge that the bombs came

together much more quickly than the brothers expected, and the boston marathon presented an opportunity, especially when it came to their tiles, the bomb construction happening sooner than they anticipated. we also learned that the bombs that had been assembled totaled at least four in number, four ieds, four improvised explosive devices. the bombs were put together more quickly, considerably more sophisticated than what most homegrown terrorists would probably be able to produce, raising the question, did they receive help, and who provided that help. that's one of the things authorities condition to work on. greta? >> greta: david lee miller raising another big question. i assume their apartment was in the 10,000-square-foot apartment and the wife was just sitting there, and if he's made four ied, it's likely she saw something. i don't know for sure.

>> the wife is under a great deal of scrutiny, now living with her parents in rhode island, in addition to the media as you can imagine camped outside her home, there are also state, local police cars driving by as well as the fbi. our producer on the scene, in fact, reported that three fbi vehicles are discreetly parked nearby the home, so they are watching katherine russell very closely. earlier this week, you might recall, that the fbi removed a number of items from the home. they took a dna sample. and her attorneys continue to remain silent on what, if anything, authorities may have learned. the government has not talked. but many expect that the other shoe is going to drop here, and we could see some significant developments possibly -- possibly i underscore -- involving the wife, although at this time that's not entirely clear. i should also add, greta, that

you might recall, she relinquished control over her husband's body, muslim tradition says that the body has to be buried within 24 hours. tamerlan tsarnaev's body had been at the morgue for -- the m.e.'s office i should say for two weeks' time. she relinquished control. today a family member, who authorities will not disclose, took legal custody of that body. it is now in a funeral home in massachusetts, and because of that a certificate of death might now be filed. at last we might learn the cause of death. did tamerlan tsarnaev die in a hail of bullets, in the shootout with police, or because he was run over by his own brother who attempted to flee the scene the night of that shootout in watertown. so we expect to learn a great deal more about his demise in just the next few hours. greta? >> greta: david lee, my own thought on this, you know, she's in the apartment, the bombs are being assembled, but i did read

early on she was working 70-80 hours per week. as you said, the investigation is moving forward. thank you, david lee. >> thank you. >> greta: and karl rove is standing by to talk more about this breaking news out of boston in a few minutes, but first there is news tonight in the benghazi investigation. the fbi releasing photos of three men all at the scene of the september 11th attacks on the u.s. consulate in benghazi. now almost eight months later the fbi is asking for your help tracking them down. >> all these months later, the fbi finally releases surveillance photos of the suspects. >> the feds say they are now looking for three men who they believe were on the ground of the compound during the attack, and can help move the investigation forward. >> they had these pictures on day one, just like everybody in the media knew about obamacare on day one. instead they blamed the video. >> what sparked the recent

violence was the airing on the internet of a very hateful, very offensive video. >> i'm not talking generally. i'm talking specifically about benghazi, that people have been threatened. not just the state department. people have been threatened at the cia. >> benghazi happened a long time ago. we are unaware of any agency blocking an employee who would like to appear before congress to provide information related to benghazi. >> we're now aware of -- >> she was on tv, right? >> and now she's been in touch with us directly to go about the normal procedure. >> you say she was a liar. >> making false statements that we were -- >> making false statements are lies, right? >> false statements are lying, matt. >> greta: also tonight, republican senators demanding to know the names of the survivors of the benghazi attack, and they are going straight to president obama. senator john mccain is leading the charge, along with senators lindsey graham and kelly ayotte.

joining us senator john mccain. good evening, sir. >> good evening. >> you sent a letter directly to the president. you want to know the names of the witnesses, i assume you mean the people on the ground in benghazi. it went out, i think, yesterday. have you heard anything back from the white house? >> no, we haven't, greta. it was interesting, mr. carney saying that no information has been withheld from the congress and the american people. we don't even know the names of the people who were evacuated from the consulate and taken to germany and should have been debriefed immediately and then any illusion about what kind of attack that was, what caused it, would have been dispensed with, and the -- then ambassador rice wouldn't have had to go on national television and say that this was a spontaneous demonstration sparked by a hateful video. as mr. carney said, it's been a long time. yes, it's been a long time, and

we still haven't gotten answers to many questions, including who made up the talking points for ambassador rice to go on all national tv talk shows on that sunday, one of which i was on and was stunned by her comments. so -- and now we understand that the accountability review board that secretary -- then secretary clinton convened is now being investigated by the inspector general about whether they were able to or desired to interview all people involved. >> greta: let me talk about that for a second. i mean, the whole idea was in the very beginning that, the white house didn't want to give out information, the state department, because it was being interviewed -- or being investigated, outsourced to the accountability review board. that was the idea. now we're learning apparently --

correct me if i'm wrong -- that they didn't talk directly to the witnesses, the people with information. is that your understanding? >> that's my understanding, that they didn't even talk directly to them. and at the same time, since we in congress didn't know the names we obviously didn't talk to them. and again, they were taken out the next morning. they knew what happened. and you would think that one person at the cia, or one person at the white house, would have picked up the phone and said, hey, let me talk to one of these people who were in the fight and were taken to ramstein, germany, for treatment, to give their depiction of what happened. guess what. they didn't do that. >> greta: i find it a bit curious -- i understand the whole business about ambassador susan rice, going on the talk shows, saying it was a video that provoked, this but apparently that they knew almost immediately, they had a picture of a tunisian, and apparently had pictures that the fbi is now releasing of people on the ground. so they obviously knew as far as

back as september, and you would think that we -- i mean, i don't understand why that information wasn't disseminated earlier, why they were dragging their feet. >> well, i just don't understand why it took them eight months to release these pictures. i mean, that's another explanation that i think we should be -- we should be provided with. but again, i also understand -- these are all rumors, and i'm not positive, but we're hearing that people who were eyewitnesses to this, people who knew about whether we could have gotten there in time -- remember, two of these individuals were killed in the last hour of a seven 1/2-hour firefight that people are being bullied, threatened, all that. we don't know if that's true or false. i'm not saying it's true. i'm saying it's an argument for a select committee in congress to investigate all of this, get

to the bottom of it, and get it resolved. >> greta: well, it's been dragging on since last september. now there's a new dimension. vicky tungsten, a lawyer in washington, is having a disagreement, to put it gently with the state department. i've posted all of it on greta wire. people can see the different communications. she says that the spokesperson at the state department was incompetent or lying because he said he knew of no attorney requests when he knew very well -- this is an email she wrote me tonight -- he knew very well that congressman isa asked for a process to clear lawyers and dos had not responded, and characterized it as attorney request to shoot it down, make . she says, it's not possible he was mischaracterizing my statements, meaning hers, but did so with intent. now a lawyer is she's trying to get a clearance to talk to her clients to look at classified, and essentially saying the state

department is standing in her way, mischaracterizing what she said, essentially making her out to be the liar, and she says she's not the liar. >> well, i don't know the details of that back and forth, but i think i would have a tendency to side with her in the respect that since the white house wouldn't even -- or the administration -- would not even give us the names of the people who were the survivors who were taken to germany. the house apparently next week is going to have a hearing on this. i hope that clears up some of these questions. but one thing i'd like to mention, i am hearing from the families of these people, these four brave americans who were killed. and acc sure you, they are not happy. they do deserve answers. >> greta: does the president have the authority -- i assume does he. i'm going to ask you just to double-check. does the president have the authority to order that the names of the witnesses, those people on the ground, be turned over to congress so congress can do its job, its congressional

obligation to investigate? can the president do whe what yu asked in that letter? >> wouldn't that be routine when they said they would cooperate completely with congress? why should it require presidential attention. i mean, it just would be natural if they're cooperating to say, yes, there's the people, here's the people that were there, were in the action. >> greta: what i don't understand, i understand you can't subpoena the president, i realize you're in the minority party in the senate, but for the life of me i can't understand why the house of representatives wasn't more aggressive, issuing subpoenas, demanding people come to capitol hill with information. i don't understand why the republicans weren't more aggressive just to get the facts. >> well, i hope you'll have darrell issa on, handling this, i think having a hearing next wednesday. i believe. i'm not positive about that.

i think he'll tell you a lot of the efforts he's made. and mike rogers as well. i think it's obvious in the senate we haven't pursued it very vigorously. >> greta: what do you think the president -- when the press conference, when the president said he didn't know about efforts to try to interview -- any efforts to sort of block people from interviewing the survivors? what did you think about that? >> i think he's not -- either not well briefed or should have been, and should have been more involved in it, because it's a little embarrassing when a president of the united states says something that really isn't very logical. >> greta: senator, thank you, sir. >> thank you, greta. >> greta: now to tonight's hot button issue on gretawire.com. why didn't the fbi release the photos of the men at the benghazi consulate about six or seven months ago? was it an attempted cover-up or

are there legitimate investigative reasons? go to gretawire.com and vote in our poll. this is a fox news alert. there's more on tonight's breaking news out of boston. the marathon was not the original target of the terror attack, and sources say dzhokhar tsarnaev told investigators the bombs came together quicker than expected, so they decided to bomb the marathon. they had plans for july 4th. karl rove joins us. welcome, karl. >> good to see you, greta. >> greta: a lot of people are unhappy the university of massachusetts at dartmouth is not releasing information, documents about grades, who got public money for education, citing privacy. >> yeah. at the same time mass bay community college and bunker hill community college released the same kind of information,

believing it was entirely within their prerogative to do so. so we have of university of dartmouth, university of massachusetts at dartmouth, protecting, quote, the privacy of the suspects, and two other colleges saying, no, the law doesn't require us to do this. i think the two community colleges are doing the appropriate thing here. the university of massachusetts at dartmouth looks like it's covering up. the information is going to come out. let it out. >> greta: you know, it's fees, i have a very unpopular opinion, but i agree with the university not to disclose it. the law says not to. i think they're guilty. i believe they're guilty. but they still haven't been found guilty. the information isn't beyond the reach, because the u.s. attorney's office can merely seek a grand jury indictment and get for it investigative reasons, or i imagine the statehouse in massachusetts, if they want to do some sort of investigation about how funds are used, they could do it. it's their by subpoenas. i think it's just us in the media, we can't get it, and we're complaining. >> yeah. well, maybe so. look, i do think things like were they on government aid, how

much government aid did they get, it's a matter of public concern. it's not their records, their personal grades and so forth. it is were taxpayer monies given to these individuals in order to allow them to attend the universities? the community colleges i think are right in revealing the information. i don't think the university does itself any good by hiding it. >> greta: one of them, azamet tazhayakov, came into this country in january on an expired student visa, and we just let him in, no questions asked. >> yeah, yeah. look, this is one of the problems we have in our current immigration system. you know, most of americans think that the illegal immigrants among us, you know, all swam across the rio grande river or trudged across the deserts in the southeastern units. in reality, 40 to 50% of the people here illegally came here legally on a visa, then overstayed their visa. absolutely. this is a problem of our --

highlights a problem in our current immigration laws. we don't have the systems in place to allow us to track the comings and goings of these people. once they get in a place, where they've either overstayed their visa, or in the case of these individuals, they violated the provisions of their visas by no longer being in school. their colleges or universities had an obligation to report that to immigration authorities, and immigration authorities had an obligation to move those people out of the country immediately. this is a big problem in our broken system, one of the reasons we need to comprehensivively reform it from top to bottom. >> greta: indeed. apparently the members of the board didn't talk to the people on the ground in benghazi. didn't talk to everybody on the

ground in benghazi. no big deal, or is this a big deal? >> big deal. potentially big deal. the review board gave a whitewash. it had some respected individuals on it, but they clearly didn't do the kind of in-depth job we needed to have done. you know what's appalling, we don't know a lot of things. senator mccain touched on some of them. we already know there were a number of requests in the months leading up to 9/11 of last year by the ambassador, saying there was insufficient security in the region, over the facilities, and the state department turned him down for the additional assistance. we know from the testimony of the secretary of defense, leon panetta, and the chairman of the joint steeves of staff that they told the president of the united states at 5:00 in the afternoon, and that was the last contact they had with him about this until the next day. we know the president did not spend time in the situation room, did not call the libyans and told them they had an

obligation to protect our facilities. he did not call them that night. we know that u.s. military were dispatched from tripoli to benghazi, first of all, told to go back and change out of their uniforms, then when they arrived at the benghazi were stuck. we know all of these things. that's really, really all bad. >> greta: you know, karl, it's absolutely obscene, we have four americans dead, obscene that they don't talk to the eyewitnesses on the ground. >> oh, absolutely. >> greta: what kind of investigation is that? if you don't talk to the very eyewitnesses with firsthand information. >> yeah. look, we also know that there were wounded who came back to the united states, kept away from the media, anyone in congress. senator mccain alluded to them. they were flown out of libya to germany, brought back to the united states. they were -- they were -- nobody knew where they were. they were hidden apparently at bethesda naval under false names so nor the press or members of congress could get at them.

what is the administration hiding? i think jay carney made a huge mistake this week. he basically signaled to members of the press that a cover-up was underway. when he said, oh, that's old news -- >> greta: "that happened a long time ago." >> that was a clear message to the media, boys and girls, we want you to go along with us on this, we want to bury it, and i think it's going to have the opposite reaction, saying to people in the mainstream media this may be worthy of our attention. >> greta: indeed and the horrible fox news channel trying to get the facts. they're so awful. anyway, karl, thank you. >> you bet. >> greta: straight ahead, majority leader harry reid uses the term "train wreck" in an interview about obamacare. we have it on tape. plus, much more what harry reid said. that is next. also disturbing new information tonight in the disappearance of the michigan mother that we have been reporting on. a witness saw something just before the young woman vanished. that witness is here coming up. plus, he's house majority whip

frank underwood. at least on the hit show "house of cards." every move he makes is so calculated, but tonight actor kevin spacey posting a picture that will leave you shaking your come here, boy. ♪ 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 or visit trifexis.com. you don't have to go to extremes to protect your dog from parasites. you need trifexis. visit our website to save up to $25. available by prescription from your veterinarian. the wright brothers became the first in flight. [ goodall ] i think the most amazing thing is how like us these chimpanzees are. [ laughing ] [ woman ] can you hear me? and you hear your voice? oh, it's exciting! [ man ] touchdown confirmed. we're safe on mars. [ cheers and applause ] ♪ hi. [ baby fussing ] ♪ help the gulf recover, andnt to learn from what happenedg goals: so we could be a better, safer energy company.

i've been with bp for 24 years. i was part of the team that helped deliver on our commitments to the gulf - and i can tell you, safety is at the heart of everything we do. we've added cutting-edge safety equipment and technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all oudrilling activity, twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. safety is a vital part of bp's commitment to america - and to the nearly 25000 peopleho work withs here. we invest more in the u.s. than anywhere else in the world. over fifty-five billion dollars here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. (hocoming!ing) mom, come on.

mom! because we know that this is the season that inspires. (sigh) from dressers to duvets, it's time to refresh with ikea.

>> greta: a fox news alert, right now a wildfire burning out of control in southern california. you're looking at live pictures. the fire forcing the evacuation of homes and a university. the flames broke out this morning along u.s. 101, about 50 miles northwest of los angeles. gusty santa ana winds are spreading the fire, more than 10 square miles are charred, but there are no reports of injuries or houses burning. thousands of students were evacuated from california state university channel island. firefighters are battling this blaze from the air and ground. stay with fox news channel for the very latest on this breaking news. and now, did senate majority leader harry reid slam obamacare, the law he pushed through? during a radio show, the democratic leader admits with comments made by his colleague, max baucus. >> max said, unless we implement this properly, it's going to be a train wreck, and i agree with him. >> so we're not spending enough

money, implementing it properly, in your opinion? >> yes. here's what we have right now, j.d. we have the menu menu, but don'e a way to get to the menu. >> greta: did senator reid really say, "train wreck"? >> he wants to give cover to his colleague, max baucus. harry reid is sincere, if the law isn't implemented properly, it's -- >> greta: who is he putting the blame on? >> he's trying to turn it around saying republicans aren't giving the administration enough funds for implementation, trying to make it an attack on the gop. it's true the administration is having trouble with creative accounting to get this done, and congress hasn't been able to grant them more funds.

i don't know if harry reid can say this for too much longer. seems like a weak point. >> greta: october 1st, the exchanges are supposed to be set up. when the law was passed, the expectation was the states would seset them up. now about 26 states are saying the feds have to set them up. >> yes. >> greta: they don't have the money for it? >> that's right, they don't have the money for it, and they're trying to pull it from other parts of the federal health department, other parts of obamacare, because the states are allowed to take as much money as they want, but the federally ones, that wasn't anticipated when the law was written. >> greta: how come they can't get money from one pocket to open the white house tours, how come with sequestration they can move money around for the healthcare to get it ready for the federal exchanges? >> the laws are written in funny ways. they aren't necessarily

accounting experts. hhs says we need more money, that the public understands the laws, that the exchanges are ready to launch the coverage. people are worried about it. >> greta: when senator baucus use the word "train wreck" huge? >> oh, huge. they don't think the white house is doing enough to edg educate e public. >> greta: is it expected they'll be ready october 1st? >> we'll have to wait and see. >> greta: coming up, could u.s. soldiers face court martial over their religion? tonight the pentagon fighting a religious battle. and frank underwood, the ruthless politician in "the house of cards." kevin spacey tg out a picture.

we dare you to put a caption on it. that's just minutes from now. ♪ [ female announcer ] it's no secret. recently, jcpenney changed. some changes you liked. and some you didn't. but what matters with mistakes is what we learn. we learned a very simple thing. to listen to you. to hear what you need to make your life more beautiful. come back to jcpenney. we heard you. now we'd love to see you. ♪ now we'd love to see you. cheryl burke is cha-cha-ing in depend silhouette briefs for charity, to prove that with soft fabric and waistband, the best protection looks, fits, and feels just like underwear. get a free sample and try for yourself. by going low. tdd# 1-800-345-2550 like offering schwab etfs tdd# 1-800-345-2550 with the lowest operating expenses tdd# 1-800-345-2550 in their respective lipper categories -- tdd# 1-800-345-2550

lower than ishares tdd# 1-800-345-2550 and vanguard. tdd# 1-800-345-2550 and with all our etfs commission-free tdd# 1-800-345-2550 when traded online in a schwab account, tdd# 1-800-345-2550 it leaves our investors with more money to invest. tdd# 1-800-345-2550 something they've come to count on with us. tdd# 1-800-345-2550 so as investors continue to set their portfolio goals high, tdd# 1-800-345-2550 we help keep their costs of investing low. tdd# 1-800-345-2550 give us a call and open an account today. tdd# 1-800-345-2550 carefully consider prospectus information, including tdd# 1-800-345-2550 investment objectives, risks, charges, and expenses. tdd# 1-800-345-2550 request a prospectus by calling schwab at 800-435-4000. tdd# 1-800-345-2550 read it carefully before investing. tdd# 1-800-345-2550 fees and expenses apply. tdd# 1-800-345-2550 investing involves risks, including loss of principal. tdd# 1-800-345-2550

hey everybody, hi mom... streaming live with a tour of my new place... knowing you can still reach out. ... and now you've seen it. that's powerful. verizon. get mom a lucid 2 by lg for free. with the innovating and the transforming and the revolutionizing. it's enough to make you forget that you're flying five hundred miles an hour on a chair that just became a bed. you see, we're doing some changing of our own. ah, we can talk about it later. we're putting the wonder back into air travel, one innovation at a time.

the new american is arriving.

>> greta: u.s. military is fighting a new battle over religion. the pentagon issuing a statement saying soldiers who promote their faith can be prosecuted. what's that all about? the "weekly standard's" john mccormack joins us. why >> why did the pentagon issue that statement? >> the pentagon has said it's not acceptable to proselytize, but it is okay to evangelize. what is the difference? prosletisation is convincing someone to come to your faith. is that evangelization? they are saying it's unwanted, forced attempts. i guess that's reasonable. you couldn't imagine someone repeatedly, aggressively going to someone, forcing a conversation about a topic they

have informed the other person they don't want to talk about. but the pentagon got itself in trouble by not making the difference clear. >> what provoked this? >> there was a statement released by the pentagon i. why did they even -- was someone proselytizing improperly? >> so far, that hasn't been out there. there is some concern by christian conservative group, there was a meeting among pentagon officials and atheistic individual whoa -- who said that, you know, any christian promotion is just treasonous, so that set a lot of people off. >> who said that? >> his name is, i believe it's marty... weinstein? >> mikey weinstein? >> i don't know exactly why they are engaging with this individual and then telling people they can't promote their

faith, but it definitely cause someday problems for them. >> what struck me, i read that. then we did a little research. the first thing that caught my attention was, the ft. hood shooter, hassan who, in his residency at walter reid medical center, he was accused of discussing religion in an improper manner, there was no court-martial, no hearing. now -- maybe that's what has provoked this. i don't know. or it's discrimination against another faith. >> they are not single anything individual faith out, it's all faiths. but it's hard because what they said, it's a case-by-case basis. there could be court-martials or not. they are trying to say it's unwanted, forced conversations. you can't imagine a situation where religious proselytization can creep into harassment. but that needs to be for very extreme cases. people should feel free to speak their mind about politics or

religion or whatever. >> i think it would be wise to sort this one out. this is going to have problems. nice to see you, sir. >> nice to see you. >> the young michigan mother who disappeared, working the late shift alope at a gat station. a witness says he saw a man approaching jessica. christian, tell me, what is the last time you saw this woman? >> i saw her roughly a couple of hours before, apparently, she disappeared. >> what did you see? >> well, we were -- i was just basically filling up after a day of work. i work about 3 or 400 feet from the gas station. and i was just filling up. had a little conversation and went outside and jessica was going out there to to feel up the receipt tape at the pump and a van pulled up to her, right where the pump bays are and started having a conversation with her. he had no intention of buying

gas. he wanted to chit-chat, kind of flirty conversation, on the spot right there, instead of going into the gas station and waiting for her. it seemed weird to me because she was trying to do her job and this guy came over and started talking to her. >> all right. did you see the van leave? >> i did not. i saw the van pull into the front of the gas station and then go inside like he was going to actually make a purchase. but the thing that struck me as strange is the fact that he decided out of nowhere to start having this conservation with her like-- the tape had gotten away from her at that point. she was chasing it down. you could see that she was trying to work and this guy just absolutely had no recognition to the fact that she was just doing her work and this was inappropriate to be doing this at this time. >> the reason that you were -- you came forward because that was 8:50. 10:50 to 11:10, she disappeared and the surveillance tape had a gray minivan and the suggestion is that maybe this is the person who might know something, right?

>> yeah. if anything, it's a peculiar behavior that you kind of stuck out with me. the police asked if we had seen anything peculiar this, stuck out in my mind as being out of the recordinary. and the gray or silver van -- it was a silver-ish gray, typical minivan-looking vehicle t. seemed to fit that description and it definitely was peculiar. >> thank you. i hope there is good news on this story. it's been about six nights. thank you. >> not a problem. thank you. coming up, there is news out of the korean peninsula, an american in huge trouble in north korea. ambassador john bolton is here. this is the case of the itsy, bitsy, teeny weeny bikini -- don't worry. the judge is laughing too. wait until you hear his racy ruling, that's 2 minutes away. ] i've found software that intrigues me.

it appears it's an agent of good. ♪ [ agent smith ] ge software connects patients to nurses to the right machines while dramatically reducing waiting time. [ telephone ringing ] now a waiting room is just a room. [ static warbles ] even in stupid loud places. to prove it, we set up our call center right here... [ chirp ] all good? [ chirp ] getty up. seriously, this is really happening! [ cellphone rings ] hello? it's a giant helicopter ma'am. [ male announcer ] get it done [ chirp ] with the ultraugged ocera torque, only from sprint direct conct. buy one get four free for your business.

[ male announcer ] that's why there's ocuvite to help replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. ocuvite. help protect your eye health.

>> greta: a texas judge issuing a ruling in a strip club case. they will make you life or cringe. it is about a ordinance that requires them to wear tops. the absurdity of the case is not lost on the judge. in his ruling, he writes, to bare or not to bare, that is the question. he says, plaintiffs clothe themselves in the first amendment, seeking to provide cover against another alleged naked grab of unconstitutional power, but in the end after more innuendo, we can't repeat, the judge denying the strip club's request. we want you to vote in our poll. no, not that kind of pole! was he totally out of line or just having fun? just having fun? go stay top of mind with customers? from deals that bring them in with an offer...

to social media promotions that turn fans into customers... to events that engage and create buzz... to e-mails that keep loyal customers coming back, our easy-to-use tools will keep you in front of your customers. see what's right for you at constantcontact.com/try.

(announcer) scottrade knows our and invest their own way. with scottrade's smart text, i can quickly understand my charts, and spend more time trading. their quick trade bar lets my account follow me online so i can react in real-time. plus, my local scottrade office is there to help. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade. voted "best investment services company."

>> greta: tonight american kenneth bea sentenced to 15 years of hard labor in a north korean prison. he is a tour operator and washington state resident. former ambassador john bolton joins. good evening, sir. now what are we going to do? >> this is very serious. this is not a case like the two young ladies, the tv producers who were apprehended by the north koreans sometime back working for al gore. this gentleman is accused by the north koreans of one of the worst crimes against the north korean state you can imagine, which is helping north koreans escape from this 23 million-person prison camp. if people could get out, as people escape from eastern europe at the end of the cold war, it would threaten the regime and bring it down. i think the north korean authorities are deadly serious about this. i think this man is in deep

trouble. and i don't doubt at that north koreans will try to use him as a bargaining chip as they have with so many others. but the cost this time is going to be very high. >> greta: let me turn to the investigation of benghazi. the state department, the ig, inspector general, is apparently reviewing the accountability review board that investigated the events of 9/11 in benghazi. one of the allegations is that the review board failed to interview key witnesses who had asked to provide their accounts of the benghazi attacks to the panel. that's an allegation. i don't know if that's indeed true or not. if the accountability review board didn't talk to people firsthand who wanted to talk, that would be very bad. >> well, it is an extremely serious allegation. you know, i've been at the state department in a number of different administrations, and i've been trying to think through why the inspector general would be reviewing an arb like this. i've never heard of any kind of

investigation like this before. the state department says, well, the inspector general is reviewing all of the arbs, something like 18 to 20 of them. frankly that doesn't make sense either, unless there's something in this benghazi investigation that -- that tripped the inspector general to get into it. so i think congress next week has got a lot more questions now to answer. why was the state department inspector general spun up about this? were people denied the ability to testify to the arb? and, by the way, fundamentally, getting right to the real truth of this, what did these individuals who were on the ground in libya actually see and do? they're the ones with the most important information. forget the bureaucrats. if the administration really has nothing to hide, let them testify. what could they possibly be afraid of? >> greta: see, what i don't understand, ambassador pickering, admirable mullen on

the board, but -- if this is true, i find it hard to believe that people who have firsthand knowledge, who want to testify, i find it hard to believe that they would say, no, we don't want to talk to you. i think it's a serious enough allegation we need to find out whether it's true or not. >> yeah. i think only congress will be in a position to do this. i mean, my understanding is that sometimes the arb altogether interviewed witnesses. sometimes it was only one or two members. sometimes people were just interviewed by the staff because their experiences were peripheral to the investigation. none of that shocks me particularly. that just sounds like a sensible way to proceed. >> greta: that would be okay, wouldn't it? >> yeah, that sounds fine. the question is whether they simply didn't want to hear individuals. and was this decided at the

staff level or by somebody else? i think the state department now is caught up wrapped up around the axle here. i don't think they can sort this out. i think congress needs to do it. >> greta: we need quick answers, trying to put this mess behind us on this review board, as to lit happened or not. ambassador, thank you, sir. >> thank you. >> greta: straight ahead, he stars as house majority whip stars as house majority whip frank underwood everyone's retirement dream is different; how we get there is not. we're americans. we work. we plan. ameriprise advisors can help you like they've helped millions of others. to help you retire your way, with confidence. ♪ that's what ameriprise financial does. that's what they can do with you. let's get to work. ameriprise financial. more within reach.

why does my mouth feel dryer than i remember it to be? there are more people taking more medication, so we see people suffering from dry mouth more so. we may see more cavities, bad breath, oral irritation. a dry mouth sufferer doesn't have to suffer. i would recommend biotene. the enzymes in biotene products help supplement enzymes that are naturally in saliva. biotene helps moisten those areas that have become dry. those that are suffering can certainly benefit from biotene.

hoo-hoo...hoo-hoo. hoo-hoo hoo. sir... i'll get it together i promise... heeheehee. jimmy: ronny, how happy are folks who save hundreds of dollars switching to geico? ronny:i'd say happier than the pillsbury doughboy on his way to a baking convention. get happy. get geico. fifteen minutes could save you fifteen percent or more.

he is the most awesome 5-year-old on the face of the planet. the most important thing is to know that he is safe. [ crash, alarm blaring ] it was shortly after midnight. these guys broke into the house. the alarm initially went off at 12:06. after a few seconds, adt called me. and the guys were caught by 12:29. [ male announcer ] when its your family trust adt fast response monitoring to help protect against burglary, fire, and high levels of carbon monoxide. when seconds count, the experience of adt matters. they kicked in the back door, but they did not steal my peace of mind. [ male announcer ] now get adt starting at just $99 with 24/7 protection just over $1 a day, plus a money-back guarantee. keep up with life at home through secure video. even arm and disarm remotely. [ lisa ] i felt very relieved knowing that adt was taking care of everything,

and now i know that adt is absolutely worth it. [ male announcer ] get adt for as little as $99 and save a lot more than money. call or click today. >> greta: okay, everyone. kevin spacey, we have a question for you tonight. what is this? the actor tweeting out this picture today. my entire staff has been trying to figure this out today. is that a dog's tail? we're baffled.

i'm curious, what's on the other end of it? a dog? and tmz tweeting reese witherspoon arrest dashcam video crazier than you thought. look at this video. >> you better not arrest me. are you kidding me? i'm an american citizen. >> i told you to get in that car and stay in there, didn't i? >> this is beyond, this is beyond. this is harassment. you're harassing me as an american citizen. i'm being arrested in handcuffs? >> yes. >> do you know my name? >> no. >> you don't need to know my name? >> okay. you're about to find out who i am. >> cuffed for disorderly conduct while her husband was booked for a dui. as you can see, america's sweetheart was talking back to the cops, not obeying instructions after her husband was pulled over. the actress later apologized for her behavior. let's give her a break. she did apologize. now meet drunk principal.

the "new york daily news" reporting super drunk elementary school principal removes own handcuffs in back of michigan police car. look at the video. see the houdini move she pulls. amazing. she's good. certainly not our all-time favorite intoxicated in police car entertainer. >> ♪ >> greta: my producer loves that one. he may not be into technology, but he's part of it. the oracle of omaha has joined twitter. warren buffett tweeting, warren is in the house. bill clinton tweeted out, warren buffett, welcome to twitter. what took you so long? very funny, mr. president. didn't you just join last week yourself? do not forget to follow me on twitter @gretawire.

coming up, what everyone -- and we mean everyone -- is going to be talking about tomorrow, and you know this is true because it involves vice president biden. that's next. [ man ] on december 17, 1903, the wright brothers became the first in flight. [ goodall ] i think the most amazing thing is how like us these chimpanzees are. [ laughing ] [ woman ] can you hear me? and you hear your voice? oh, it's exciting! [ man ] touchdown confirmed. we're safe on mars. [ cheers and applause ] ♪ hi. [ baby fussing ] ♪ help the gulf recover, andnt to learn from what happenedg goals: so we could be a better, safer energy company. i've been with bp for 24 years. i was part of the team that helped deliver on our commitments to the gulf - and i can tell you, safety is at the heart of everything we do.

we've added cutting-edge safety equipment and technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all oudrilling activity, twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. safety is a vital part of bp's commitment to america - and to the nearly 25000 peopleho work withs here. we invest more in the u.s. than anywhere else in the world. over fifty-five billion dollars here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. recently, jcpenney changed. some changes you liked. and some you didn't. but what matters with mistakes is what we learn. we learned a very simple thing. to listen to you. to hear what you need to make your life more beautiful.

come back to jcpenney. we heard you. now we'd love to see you. ♪

but thanks to hotwire, this year we got to take an extra trip. because they get us ridiculously low prices on really nice hotels and car rentals. so we hit boston in the spring-- even caught a game. and with the money we saved, we took a trip to san francisco. you see, hotwire checks the competitions' rates every day so they can guarantee their low prices. so, where to next? how about there? ♪ h-o-t-w-i-r-e... ♪ hotwire.com do you guys ride? well... no. sometimes, yeah. yes. well, if you know anybody else who also rides, send them here -- we got great coverage.

it's not like bikers love their bikes more than life itself. i doubt anyone will even notice. leading the pack in motorcycle insurance. now, that's progressive. call or click today. aarrggh! >> greta: 11:00 is almost here it is time for last call. the furlough may be ending but not before vice president biden gets a bird's eye view. >> scary moment. vice president joe biden yesterday. you heard that story. a trip up to the high country for vice president biden in air force 2 running into problems. engine sucked in debris and had to be grounded. because of sequestration cuts this is how the vice president had to get home. >> greta: that is your last call and we are closing down shop. go to gretawire.com. a lot of people talking about

tont's show. lots of issues about benghazi, about bostonful we'll see you on the open thread. good night from washington. dana per perino and grey greg gutfeld. it's 5:00 in new york city. and this is the five. >> kimberly: it's been more than seven months since the 9/11 terror attack in benghazi. now asking for help those tracking down those responsible murdering four americans. the agency released pictures of three men caught on camera at the scene. the action comes amid accusations that the obama administration has been intimidating witnesses from telling congress the truth about what happened. jay carney dodged those claims yesterday and the president said he didn't even know about it. there has been kind of a