>> brian: also have bob massi, dolly parton and a special happy birthday to toba, 50 years old today. i have never met him in person. >> steve: happy birthday, toba bill: good morning. this could be the day we get answers. a house committee holding a key hearing on what went wrong in benghazi. as we hear publicly and in some cases for the first time from whistleblowers who say more could have been done to save american lives and the administration sought to cover up the botched response in the days and weeks following september 11. i'm bill hemmer. alisyn: four americans with distinguished careers lost their lives in the attack. chris stevens, sean smith, glenn

doherty and tyrone woods. both former navy seals. we expect to hear from me witnesses, mark thompson from the state department counter-terrorism bureau. he's a former marine. he's expected to say top advisers tried to cut his bureau out of the loop as they tried to weigh the benghazi attack. bill: *. he said more requests for security went unanswer bid higher-ups. and possibly the last person to speak to ambassador alive.

>> i want to talk to the eyewitnesses. he was in charge after the death of ambassador stevens. ambassador's dying declaration was made to gregory hicks. he's a career diplomat who doesn't have a political known about his body and he's an eyewitness. i want the american people to hear from him and they can judge for themselves whether this administration has bonest and forth right. mike emanuel leads our coverage from the hill. what can we expect to hear from hicks? >> we expect hicks will say in february 1991 he took an oath to protect and uphold the constitution and today he is here to do just that. in testimony contained by fox news he will say i'm a career public servant. until the aftermath of benghazi i loved every day of my job.

we also expect hicks to talk about in the aftermath of the benghazi attack when he became the number one u.s. diplomat in libya after the death of ambassador chris stevens. he was praised by president obama and secretary of state hillary clinton for his performance. bill: and response either came or did not come and for what reason? >> reporter: there has been present back and forth about whether military resources could have gotten there perhaps to stop the second wave of the attack. we heard there were special forces ready to get on a plane to go to benghazi to help their colleagues who were under attack. the pentagon said it is not possible. some lawmakers say how can the pentagon know that if they didn't know how long the attack was going to last. expect a lot of back and forth on that and whether the military

resources were in geographic proximity to help the americans in need. ambassador thomas pickering led the review of the the benghazi attack. >> our board felt nothing could have been done to relieve the initial attack. subsequent attacks took place beginning midnight but died out within an hour. i think within those time frames nothing could have been done. >> reporter: you can expect plenty of discussion about throws famous talking points susan rice used on five sunday morning talk shows suggesting an anti-muslim video was responsible for these attacks. alisyn: let's reach out to those talking points. five days after the deadly attack on the u.s. consulate in

benghazi, u.n. ambassador susan rice said this ... >> what happened initially, it was a spoon taken was reaction to what had just transpired in cairo as a consequence of the video. people gathered outside of the embassy and it grew very violent. >> that moment was from fox news sunday, one of five sunday news shows. she went on to say the attack was not premeditated but it stemmed from protests against that antiislam film. one month later ambassador rice pointed a finger at the intelligence community talking points for the faulty narrative. then by the end of november. 2 1/2 months later ambassador rice met with republican senators and acknowledged there was no protest or demonstration in benghazi. bill: it took weeks for americans to inspect the ruins

in benghazi. december 7 the feds questioned a key suspect for three hours. in tunisia with a tunisian judge present. but a month later the feds released that person. robert mueller arrives in libya to meet with senior officials. it wasn't until last week may 1 the fbi releases photos of three men wanted for questioning saying they believe they were on the ground of the benghazi consulate at the time of the attack. alisyn: let's look at the four americans murdered. first in was sean smith. he joined the state department in 2002. he was in libya on a temporary assignment when he was killed. but he had a throng career serving in benghazi. glenn doherty was part of a

reinforcement team that arrived at the annex in benghazi 7 hours after the initial attack began. tyrone woods was a former navy seal working at the consulate in benghazi. here is his father on hannity last night. >> the most important question is why? we need to know why the decision was made so this won't happen in the future again. of course you need to know who so you can ask the why question. but the why question for the benefit of americans. alisyn: ambassador chris stevens is the first u.s. diplomat to be killed in a violent overseas attack since 1979. he arrived in may of 2012. less than a month before the benghazi attack. he send the a cable expressing

concern the consulate could not be defended in the event of a coordinated attack. bill: who airbrushed references to al qaeda and terrorism from the original talking points? congressman jason chaffetz will be at the hearing and we'll weak to him in a matter of moment. alisyn: the other big story we are covering. charges are expected to be filed against three brothers in connection with the kidnapping of those three young women in cleveland. each woman was held hostage for about a decade and only gained their freedom after one made a daring escape late monday and called 911 for help. garrett, tell us what you are hear being the possible charges today. >> reporter: we are expecting charges later today by 6:00 p.m. a judge granted prosecutors additional charges to file the

charges against the castro brothers. they are expected to range from state to possibly federal charges. alisyn: we heard grim reports of what was inside that house unconfirmed by police. we heard there was bondage equipment. chains hanging from the ceiling. are authorities still collecting evidence from that house where castro lives? >> reporter: absolutely they are. the fbi was here until midnight. they will be back out here this morning. at ariel castro's home where the women were held. they are at the tail end of processing the scene. but there are several other properties. the other castro brothers had homes in the area. authorities will be interested in look into those. the girls were held captive for 10 years so the amount of evidence police will be gathering will not be a quick process. there is so much there they want to go through to make sure they

have a full case to bring forth against them. alisyn: police have their work cut out for them. thanks for the update. bill: for the first time in a decade, amanda berry spoke with family members in tennessee, including her grandmother. '. >> i'm glad that you are back. i thought were gone. >> no, i'm here. >> we have been here for you. >> thank you so much. >> is the little girl your baby? >> she is my daughter. >> i love you, honey,. >> i love you, too. >> i thought about you all the time. i never forgot you. >> the last time they talked amanda was 16 years old. she was a day away from turning 17. the family making plans for a

reunion. on the charges weir we were told after an arrest i have 36 hours. that has been extended by 12 hours by a judge in that state. it will not happen this morning. but we expect it this afternoon. alisyn: that's the moment all families of all missing children across the country pray for. but it came 10 years too late. bill: these stories give people hope. we are just getting rolling. political comeback. a former governor who left office under a heavy cloud pulls off a big victory. alisyn: lawmakers are about to get the chance to question whistleblowers in the benghazi terror attack. we spoke to congressman jay stop chaffetz who traveled to benghazi. bill: claims that the military could have done more to save

american lives in benghazi. we'll speak to someone who says he knows troops could have helped in their view. >> the problem with the state department is they don't have those procedures in place. if they do they haven't practiced them. now they are making up information the mistakes they knead with an excuse. all business purchases.

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alisyn: it was another record-setting day on wall street closing at 15,056. over the past 52 weeks the dow has risen by 16%. bill: congressman darrell i issa

will gavel in a hearing on benghazi. why were the references to terrorists scrubbed out. it may be difficult to read on your television. here is the summary. five pave grafs in version 2, version 3 it's reduces to 3 paragraphs. in some cases an entire paragraph haas redacted. this is a critical part of what this hearing is about. jason chaffetz will be with me live. he will be at the hearing on the hill. >> hopefully we get closer to the truth. we have four dead americans. we have a u.s. citizen still in the hospital today. our hearts and prayers are with him. we have people with first-hand

accounts. let's hear from the people who were actually there. these are real patriots. i don't think they wanted to come forward and do this. but bless their hearts they are going to shed some light and truth on this. bill: if american people saw version number two and not the final version what would they have learned about the initial assessment of who was responsible? >> there never was a video that caused this so-called protest. it wasn't true then, it isn't true now. the obama admin station has not come clean as to who made those charges. what was the consequence of that? there is a reason why the fbi wasn't able to get there for weeks. so that's part of what's going to come out at this hearing today. bill: gregg hicks will be a

critical witness. he was on the ground in tripoli, we believe he may have been the last person to speak with chris stevens. >> he's a career foreign person. he's a real patriot. i think he felt suppressed when i went to visit him in libya. we'll hear what was happening with the military response. we'll hear about the consequences of those talking points. i have got to give it a few hours. bill: in the past you have spoke and you said the country was misled, based on what? >> if it wasn't for darrell issa we would be led to believe the decisions were made on the ground by the security people. that's not true. we have the foreign emergency

response team in the state department. we have military assets in country, people ready to go into battle and put their own lives at risk. but we believe they were told to stand down. after the fact the country was led to believe it was some errant video, some mob. that was never true. i don't know what else this will lead to, but there are four things that the administration left to their own device that would continue to perpetuate. we have a duty and obligation to get to the truth. bill: you know your democratic colleagues will be strong in hitting you that this is about politics. >> the great irony is we are worried this was manipulated because of politics. i would hope they would join us arm in arm to get to the truth of things. bill: they are allege you are pushing politics and this is going after the administration and hillary clinton. what will you say to this charge? >> i want to get after the

truth. that's all i want. there is probably nothing in their mind that i could do that tbhont their mind be quote-unquote political. all i'm looking for is openness, truth and honest i. there is no statute of limitations on the truth. if they had told the truth we wouldn't have to have these hearings. bill: the house speaker john boehner said he's not willing to appoint a select committee at this point. >> i believe the committees are allowed to continue to pursue as we need to as we are doing in the government oversight and reform committee. foreign affairs things. our service is doing things. and the senate, lindsey graham and john mccain are doing their jobs. maybe at some point we move to a select committee but right now the process is working.

bill: we'll see if you a couple hours from the hill. alisyn: republicans claimed it was a coverup for political purposes. what they call the white wash of events in benghazi. but was it a national security coverup as well? bill: a former south carolina governor mark sanford is back in the game. how do you pull this own off? we went out and asked people a simple question:

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alisyn: former governor of south carolina mark sanford pulling off a major victory last night.

>> i said from the beginning that we are at a tipping point as a civilization and if we didn't get things right there would be consequences. this is about the american way of life and the dreams it has afforded. alisyn: jonathon, mark sanford was politically radioactive for a while. how did he pull this off? >> reporter: it was truly an amazing comeback for an admittedly flawed politician. he made himself accessible to voters and the media even though it meant he had to address the 2009 affair that ended his marriage and many thought at the time his political career. >> i'm one imperfect man saved by god's grace but one who wants

to do something about spending in washington, d.c. i'll try to be the best congressman i could have ever been. >> reporter: during the campaign sanford suggested his opponent would be. her campaign turned down interview requests from mainstream media and shielded her from the glad handing voters have come to expect in the low country. alisyn: what are the next challenges sanford faces as he returns to congress. >> reporter: mark sanford represented this congressional district from 1995 to 2001. because of his personal baggage some members of his own party may still regard him as a political liability.

so he will have some fences to mernd when he returns to washington. alisyn: jonathan serrie, thanks for that update. i guess there are second acts in life and politics. bill: he said a guy stopped him on the streets and said you look a little bit like lazareth. lawmakers looking into the possibility of a coverup in benghazi and whether more could have been done to save american lives. [ man ] on december 17, 1903,

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bill: the pentagon pushing back against claims the military had time respond that night and possibly save their can lives. but our adam housley spoke to one whistleblower who says help was only a few hours away. adam is live in los angeles for more on that story now. >> reporter: i have spoken to a number of sources who all say the same thing. one got in front after camera. the military says there were two reasons these guys weren't called. they just couldn't plus center and get there in time. our source said that's false. the second one is they wouldn't send these guys into harm's way

not knowing what they are facing. that upset a lot in this community because twhament they are trained for. our source says guys could have made it there to help in time. according to a special operator who watched the events unfold and spoke with fox news exclusively. multiple special forces members were available in tripoli on the night of the benghazi attacks and were told to stand down. a team marines in spain and elite forces team training in croatia could have made it to libya before tyrone roads and glen doherty were killed on the roof of a cia annex. >> we have the ability to fly there at a minimum stage. c-110 had the ability to be there in my opinion in a matter of 4-6 hours from the european

theer to react. >> reporter: our source provides insight into how the u.s. government and the military reacted from the time the attack began and the immediate hours afterwards. he said the men on the ground put out a call for all available assets to be moved into position. >> every asset, every element to respond and it becomes a global priority. >> was that given? >> i would say it what is given because the special operations pack. it has nothing to do with the agency. it has nothing to do with the department of state. >> reporter: special operations gave the call sign. but assets did not move. >> assets did not move. >> reporter: it's all about the time line. two things to keep in find. people are saying -- some of the excuses that have been given is we my the ambassador was dead or the second attack came 6-7 hours

later. these guys are saying we weren't even told to respond. no one newt ambassador was dead until 10 hours later. how come we weren't told to go and at the very least stairnlg. so far only one has had the courage to step in front of a camera. many of them flatly say they are still scared to talk. they are afraid the repercussions. bill: we'll see how often that comes up today. alisyn: let's dive further into this. is there a national security coverup on benghazi. let's debate this. alan colmes is host of the alan colmes show, tucker carlson from "the daily caller." tucker, let me start with you. you heard adam housley's report. that special op sprks force believes they could have made it

there in time or could have at least tried. do you think there is gross negligence that they are trying to cover up here? >> mistakes happen. but there is certainly an awful lot pea don't know and it's not clear why we don't not. victoria tensing is representing one of the self-described whistleblowers. she has not been able to get a security clearance to talk to her client about what he knows about again yazy. she has had -- about benghazi. she has had security clearances in the past. why don't we know what the president was doing during the hours when this attack was in progress. is there another explanation other than a political one? alisyn: why didn't they try to move more assets to help our guys. >> tom as pickering who is co-chair with the accountability review board with the joint

chiefs of staff michael mullen, this was a thorough and independent investigation. they said based on what they did through months of study and many interviews they could not have moved assets. one of the issues was permission to use libyan air space and they needed to refuel and they could not have gotten there in time. i don't think mike mullen or ambassador pickering would put their career on the line to put out false information. this was an independent review board. you have cummings, the democratic congressman who said they have not had access to interview some of the people like the republicans have. that's why i think this is a political witch hunt. alisyn: we have heard some testimony from congress that leon panetta said there wasn't time. but we heard other people and we may hear today them say that there were f-16s 1,000 miles

away at the aviano air base in sicily and they could have made it within 7 hours. >> that's not what the interest review board says. >> four americans died and there are a lot of decent people in government and elsewhere who want to know the answers. what i think we can say with certainty is the explanation for this attack immediately after was a lie and the people repeating these talking points to knew they were untrue and continue to repeat them anyway. nobody on the ground believes it was a spontaneous mob action. >> the cia first believed it was the video that caused it. that's what the intelligence agency said. there was no willful lie. this is a talking point on the right to go after hillary clinton and barack obama. alisyn: the cia talking points did make reference to terrorism.

>> they didn't have all the information. it was kay to the i can. as you know, information comes in, you change what you know as new information becomes available. there is no willful desire to lie about this. >> to say this is a broadside in the 2016 election is silly. hillary clinton has been unscathed so far. susan rice who had nothing do with this, just as a proxy for the administration went on the morning shows and repeated these dishonest talking points destroyed her career over it. alisyn: one thing you said about the accountability review board. they are under scrutiny as well. many people say they didn't do as comprehensive a job. the two witnesses that we are going to hear from today, the so-called whistleblowers say they were regived about it arb. >> thomas pickering said that was not the hicks will say have much what

adam housley said a few minutes sea go. he's now saying how assets could have been provided. so pickering said hicks is testifying he never said that to him. we have another person testifying who elijah cummings said was never said. al very tucker what do you think is going to happen today? are we going to get to answers? >> we'll get a lot of information from people who have facts, who were there and know a lot about this. who aren't political appointees. these are career state department employees. are they part of some sort of anti-hillary clinton campaign? that's insulting. >> hillary clinton warned two years ago that cutting the spending for state department. they cut $331 million in fiscal year 2012 and they kit another

$128 million in another fiscal year 2011 and she warned this would affect security at these agencies. jason chaffetz said they voted to cut funding that would have helped security. alisyn: we also heard from charlene lamb in october who said this has nothing to do with budgetary restraints. >> that's not what jason chaffetz said who vote with republicans not to fund it. alisyn: hopefully we'll be able to connect some dots and get some answers. bill: the story is going to move in any direction today. once these guys start talking and tef ming with the questions back and forth we'll see where it falls down. whether it advanced in the direction many of us thought it would advance or whether it's just the place it is now. 11:30 eastern time.

the toe kidnapping has gripped the nation and how could it not. the next step in the search for justice for these three women who lost so many of their lives a decade ago. >> help me, i'm amanda berry. >> do you need police, fire or ambulance. >> police. >> what's going on there. >> i have been kidnapped and i have been missing for 10 years and i'm here, i'm free now. d ca. d ca. love, warmth. here, try this. mm, ok! ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching. if you're suffering from constipation, miralax or metamucil may take days to work. or faster relief, try dulcolax laxative tablets. dulcolax provides gentle relief overnight unlike miralax and metamucil that can take up to 3 days. for predictable relief try dulcolax. and metamucil that can take up to 3 days.

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bill: police have until later tonight to formally charge the three brothers suspected of kidnapping. and three women. keeping them trapped in a home for 10 years as police face questions about their handling of the case the last 10 years. the victims' families are understandably still in shock today. >> i never gave up. she was just rough and tough. best thing that ever happened to me. best thing that's ever happened. keep hope. keep hope. don't give up until you know. i never gave up. bill: there will be a reunion

very soon. mark fuhrman, good morning to you. the police chief was on nbc saying these women were bound with chains and ropes and that's just the beginning of the explanation how they could be held captive for 10 years. there were questions directed at police. the neighbors are saying i saw something this year. i saw something the other year. police came out, they didn't take it seriously. you have been in some tough neighborhoods in your police experience. how do you go from a neighbor who might be suspicious about someone down the street to being someone who is a true advocate for potential victims to make sure police follow up and go inside a home. just take that for a moment and tell us based on your experience how that happens. >> you are right, bill. working the inner city, you are engaged in a lot of different situations that we are seeing on tv now.

you know, you can call this a working class neighborhood, it is. but it looks rough around the edges. i heard people reference alcohol numerous times in interviews. i suspect when the sun goes down i guess the complexion of the neighborhood changes. so if you put all those ingredients to a uniformed officer responding to calls where people won't leave their name, they won't give a call back number. a screaming woman, loud noise, bang, noise complaints, yelling, screaming. these are inner city police calls you get repeatedly and the followup is incredibly difficult and the koongs of people is incredibly sparse. so let's not put too much, you know, responsibility on the cleveland police. i talked to rod wheeler, my colleague at fox who worked d.c.

homicide and he gripe in this neighborhood. he said you are exactly right. there are good people there about it many a rough neighborhood. that means that police calls to service are in large amount heavy in numbers and sometimes very sparse on information. bill: some of the neighbors are reporting some things that are stunning. pounding on the home's doors and plastic bags over the windows. a woman noticed a naked woman crawling on her hand and knees. police said yesterday on our program 24 hours sea go this. not a single neighbor reported a problem at the house. how do you get that disconnect? how do you explain that? >> the disconnect is this. they have a record of the 911 calls that came in. and the 911 calls that were followed up. they have that record.

they keep recordings. they keep logs of that. if somebody on the street or a neighbor said i called doesn't mean that one, they got through, that, two, they actually talked to a 911 operator or they gave hair name, their phone number or any other information so somebody could actually follow it up. or it was so old, in other words i heard something in the alley two or three hours ago. obviously calls to service with the police could be a driveby. and there is nothing heard. they have got to the move to the next call. bill: these questions will couple. when the police come up we'll hear what they have to say about it. alisyn: in another case she repeatedly claimed she stabbed and shot her boyfriend in self-defense. today accused killer could learn

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bill: there is a natural gas tanker exploding on a highway in mexico city. the force so strong it sent one part of the tanker crashing through the wall of a primary school building. the driver could face manslaughter charges as a result. alisyn: verdict watch in the dramatic murder trial of jodie arias. the 32-year-old is charged in the killing of her former

boyfriend. arias who has admitted to stack her ex-lover 20 times could face the death penalty if convicted. has the jury said anything during deliberations that could give us a clue as to how they are leaning? >> reporter: 14 hours of deliberations over two full days in the courthouse behind me. and not a single word from this jury. no note to the judge saying they are at an impasse. no notes asking for clarification. they were able to ask her 200 questions during they are 18 days on the stand. they asked a lot of questions. but they are at some sort of an impasse. they have gone a long time. 14 hours. they have gone over 600 pieces of evidence. they have four options. they could find her not guilty or find her guilty of first degree murder, second degree

murder or manslaughter. the longer the jury stays out, the better it is for the defense. >> this is such a high profile case the governor of arizona is weighing in? >> reporter: jan brewer was asked about the case. she said i don't have all the facts but i think she is guilty. many people thought it would be a quick verdict. some people are suspecting perhaps people are being hung up on whether they can get first degree murder because of the possibility of the death penalty. you mentioned the prosecution is going to seek the death penalty if they get a first degree murder conviction. people might be hung up on the defense that she was in self-defense. that travis alexander was an abuyers. we are on verdict watch.

alisyn: we'll go back if something happens in the next hour. bill: four americans killed in benghazi. could more have been done to save them and did the administration try to cover up the botched response? james rosen broke this story. >> the security in benghazi was a struggle and remained a struggle throughout my time there. the situation remained uncertain and reports from some libyans indicated it was getting worse. diplomatic security remained weak. in april there was only one u.s. diplomat can security agent stationed there.

bill: we'll start this hour fox news alert now 90 minutes away from what is expected to be an explosive hearing on what happened in benghazi, the night that four americans were killed, one top republican saying, quote, the dam is about to break. whole new hour here on "america's newsroom." i'm bill hemmer. good to have you with us. martha has time with the family today. you, welcome back rao. alisyn. alisyn: i'm alisyn camerota in formatter that. who the testimony comes from whistle-blowers and whose stories contradict the administration's account from start to finish. mark thomas son, and gregory hicks, the number two diplomat

in libya at the time. chief washington core pond dent james rosen joins us live from washington. let's start with the witnesses. deputy chief of mission greg hicks one of the last people to speak to ambassador stevens and mark thompson of the counterterrorism bureau, you have broken big stories about what their testimony will bring us. so tell us the new details h-frpblgts good morning. chiefly greg hicks will testify as we've been reporting to his futile please for military interest vehicles tkaourpg the crisis. we'll also hear about his come phep additions from president obama and secretary of state clinton and we'll hear hicks a ape certificate that the false talk being points delivered by susan rise on september 16th contributed to the slow deployment of the fbi to benghazi in the hunt for justice. from mark thompson the senior operations officer in the state department's counterterrorism bureau we'll hear allegations that secretary clinton and others tried to cut his bureau out of the loop on 9/11, a charge that linton spokesman

denies. we'll hear a lot about the former marine's work with the foreign emergency support team, or fest. he will testify that they coordinated the military law enforcement security, phefl resupply and security in nairobi. in 2001 thompson will say i led the fest to latin america to gain the safe recovery of american and foreign hostages. thompson will question why fest wasn't deployed to benghazi. alisyn: what has the obama administration said about all that. >> reporter: the state department on monday released a statement from thompson's former boss, counterterrorism bureau chief daniel benjamin who acknowledged that the first decision was to of whether to deploy fest. the question was posed early after benghazi such a deployment would have had little positive

impact and might well have complicated the difficult situation he says. in a five page rebuttal senior state department officials noted the fest does not have military assault capability, it is not an armed reaction force and is not equipped to provide direct protection, offensive operations or extractions. it's based in the united states and would not flash -- not have arrived in libya in time to make any different for our people in benghazi. that is hyannis port the terrain on which this will be fought. alisyn: we will look forward to seeing what comes out today. bill: a bit of background right now on the witnesses on the stand. gregory hicks former deputy chief of mission in libya, that means he's the number two to the late ambassador chris stevens. hicks was at the embassy in tripoli during the attacks. eric nordstrom was the top security officer in libya at the time. he compiled a list of more than 200 security incidents in libya

from 2011 to 2012, 50 of which took place in benghazi. in july of last year nordstorm advised making a formal request for military security to remain in libya, and the third man today is mark thompson, he is the state department's acting deputy assistant secretary for counterterrorism. he leads the foreign emergency support team. that's the government's only on call team poised to respond to terrorist incidents worldwide. we'll hear from all three of them shortly. alisyn: on days like this it's important to look back, and let's do that right now, because w when the consulate attack happened our greg palkot went to libya. he spoke to eyewitnesses and scoured the abandoned compound for additional clues. here is his timeline of what happened. >> reporter: september 11th, 2012, 7:30pm the u.s. ambassador to libya chris stevens takes his meeting on the 11th anniversary of 9/11, in the large residence building with the tush kish consul general.

of it ends after hen hour. he escorts the diplomat to the main gate. he makes small talk in arabic to the guard and goes back to the residence building and retires to his bedroom for the night. 9:40pm some guards at the compound says they can hear up the street explosives going off and people yelling and chanting. a mad mob of attackers breakthrough here the main gate, a week point in the defense much the mission. and they move to the barracks. they storm the place, torch it, they light up embassy cars around it and move on. an agent in a tactical operation center sees scores of men pouring into the compound. a mile way way, tyrone woods a former navy seal and other agents can hear shots being fired in the vicinity of the consulate. courses tell fox news national correspondent jennifer grin that they asked permission from cia

superiors on the scene to assist but are told to stand down. security agents at the consulate are sounding the alarm too. >> a diplomatic security agent working in the tactical operations center immediately activated the imminent danger notification system. he also alerted the quick reaction security team stationed here by. the libyan 17th february brigade, the embassy in trip plea and the command center in washington. >> reporter: a surveillance drone begins to whoever over president consulate at 10:00pm and beams back live pictures to washington. special agent comes here and gets ambassador stevens from his bedroom and brings him aeu hroupb with shaun smith to a room in the safe-haven, really aside from immediate sip and other supplies a big, dark windowless closet. then outside a locked gate. hoped for security. he radios operateses as to his whereabouts.

the scene at the compound is erupting in gun fire and explosions. at this point there are seven americans, at three different locations. aambassador stevens and three others in a main residence. two special agents at a second residence, and cafeteria, here in the tactical scepter, two more agents. attackers all around. inside the main residence the attackers come in here and they ransack the place and then they go for the locked gate. they look inside, it's dark they can't see anything. and then they tried the lock. they can't open it up. inside agent uuuben has a gun on them aimed to shoot if needing. the safe-haven is only shaf for a short time. stevens, smith and uben were trapped by diabolical killers who poured diesel fuel around the house, light it and leave. alisyn: it's so horrible even to look back at that when you see greg palkot explain what the so-called safe room looked like and how little security there

was. bill: there were some who suggested that ambassador stevens was the target of a kidnapping that went wrong. and you wonder whether or not that is the story that will be advanced in these hearings or after that. we'll wait on that for the moment. manies as we await on the hearings on capitol hill i want to bring in our colleague bret baier the anchor of special report every night 6:00 eastern time. good morning to you. >> reporter: good morning. bill: based on your reporting, and the people you talked to and you guys certainly have been on the story from the very beginning, how will, or what will viewers learn, that sort of advances the story today when this happens? >> reporter: bill, i think this hearing is going to be set up first to layout who these people are, as you just did there, announcing who they are, their positions, and why they would be in a fog to say wha position to say what they are saying. then i think we'll hear their concerns. as we've talked about many, many times on this story, this is a three-act play. this is beforehand, the first

act, the warnings that were coming from a number of different officials, including ambassador stevens about the security situation on the ground. nordstrom will testify to that. then you have the act itself, the attack, and what was happening during the response. could the military have got even there one way or another with special forces teams, with a fly over from an f-15, f-16, could they have done something during that span of the attack? that is the second act. then the third act is what transpired afterwards, and the political talking points and how they were adjusted and what the administration said and did in the days that followed. all of that, i think will be laid out sequentially in this hearing. bill: on that last point, we'll that you can to steven hayes a bit later too about the talking points issue. it i a period that republicans were on one side of the issue for a very longtime and democrats were on the other. then about a week ago there seemed to be a crack in the democratic wall where even

lawmakers from the democratic side, they felt there was a problem with the way the talking points were either adjusted, handled or the message that came out from the state department, or from the white house. >> reporter: sure. bill: what is their likely line of response today once these hearings get underway? because they are going to have five minutes just like the republicans, as they alternate. >> reporter: that is a great question and a great question to watch here. you just had congressman lynch, democrat on "fox news sunday" expressing real concern about how the talking points were put together. i will think you will hear some democrats weigh in on the process but they'll also probably say that this was political, they'll point back to the accountability review board the arb and say this has been churned over before. these witnesses will say that process, that panel didn't do their job and didn't talk to all the people they needed to talk to, including secretary clinton. one more thing, republicans the last time, you know, a lot of

people thought they dropped the ball and they made it more about speeches and less about the questions. it will be interesting to see what happens today. bill: a good point. we'll watch for that too. thank you, bret. see you at 6:00 too. to our viewers at home we'll be coming back to this story throughout the hour. what do you want to learn today? send me a tweetwadibil tweet. alisyn: the official behind hyannis port claims of cove those claims of cover up will join us. bill: what could we see play out in washington. we'll talk to the chairman of the house homeland security committee about that coming up in minutes. alisyn: plus, kreulg audi chilling audio recordings capturing calls for help in the deadly limo fire that killed a bride and her friend. >> i've reported a vehicle fire limo with possible entrapment.

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bill: from san francisco now this investigation into the tragic limousine story. a new bride and four of her friends died trapped inside that burning liam seen. st time we are hearing audio recordings from the fire department dispatch center, and there is this. >> i have reported a vehicle fire limo with possible entrapment of multiple patients. people trapped. can you start engine 28 as well. the accident is on the decline of the hirise, one limo heavily involved. limo on the west side of that decline of the hirise well as well and we have report of people trapped. [inaudible] bill: the driver has been interviewed. no word yet on what caused that

accident. alisyn: we are 24 hours away from the first congressional hearing on the boston marathon bombings. we are learning three high profile witnesses are scheduled to testify. this comes as some republicans continue to raise questions regarding the administration's handling of intelligence of the accused suspects. joining us is republican congressman michael mccaul of texas, the chairman of the house homeland security committee. congressman, tanks for being here. >> tanks for having me. alisyn: what questions do you have about the boston bombing? >> first we'll hear from the pwos ton miss commissioner about the tragic events of that day that arose to taxes taken that day and the manhunt that brought the two terrorists to justice. there are many questions in this case that need to be answered, particularly when it comes to the foreign travel of the older brother. we know he went overseas to the chechen region and met with certain individuals.

there is an ongoing fbi investigation into that. when he came back he clearly radicalized, and we looked at his, tube website all these jihaddist websites went up. we also want to know whether information was shared with the state and locals, whether the dots were connected, remember we talked about that after 9/11 being so important that information be shared and the dots be connected. and what i'm concerned about is these travel flags going up, that dhs knew about, but yet maybe the fbi didn't know about and why wasn't that information shared? because just maybe he could have been looked at when he came back into the united states. alisyn: absolutely. and in fact we do know that customs a*pl agents for whatever reason could not access the dhs computer that said that he was coming back into the country and that he was flagged. and for whatever reason at the airport custom agents didn't know that. why do we still have that loophole? why hasn't that glitch been fix

snowed. >> the whole point of these joint terrorism task forces are to coordinate and communicate information, and if the customs and border patrol agent may have had that on the task force and didn't share it with the fbi agent i would be very concerned about that. remember, this guy is on the radar screen, you know, because of a russian intelligence lead. he's put on the radar screen, he's interviewed, and then he travels to russia and the fbi doesn't even know about this travel. dhs, department of home hand security does know about the travel, but the two dots aren't connected. these are the very, very serious issues not in ha tkpwof gotch ya way but how can we correct this so that american lives are not killed once again. alisyn: you'll be talking as you said to the boston police commissioner and i believe senator joe lieberman. how are you going to get answers about whether the dots are connected? they only know their piece of the puzzle. >> i'd like to in from the

commissioner half the boston police what he knew about these two individuals, whether the joint terrorism task force shared that information with him, both before and after. oneee have sent letters to both the fbi, the department of homeland security, and the dni asking for information and records pertaining to this investigation. we are an oversight committee with investigative authority and subpoena power, and so we are very aggressive in our oversight. alisyn: what do you wish the fbi had done when the older brother, tamerlan had come back? what could they have done beside just interviewing him, which they did? >> i've worked with the fbi as a federal prosecutor, i have tremendous respect, but, you know, when he came back if you just looked at his website you would know that you have a different individual coming back who may be a clear and present danger to the united states, and in fact nine months later he perpetrates the largest attack since 9/11, and i wish something

could have been done. alisyn: so do we all. congressman michael mccaul we hope you get answers tomorrow. we'll be watching. bill: military support has been a major sticking point, the debate over benghazi. >> if we have no assets on alert that can respond in a seven hour lull in two different attacks in one of the most hot spots in the world, on 9/11, on the anniversary, is the lead from behind strategy failing? bill: the congressman who questioned the former secretary of state about that joins us today. also, there's this -- [sound of gunfire] alisyn: that is incredible video of applies shootout. who they were going after and why the officers may now be under investigation. for all kinds of reasons.

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alisyn: we have startling new video to show you out of brazil. it captures an intense shootout between police and a suspected drug lord. watch this. [sound of gunfire] alisyn: my goodness. police chase the suspect through a town in rio de janeiro. a helicopter raining down bullets in the neighborhood. damaging several homes. you can imagine for the people what it was like. brazil said it is investigating whether police here used unnecessary and excessive force. bill: it's like a video game. now we are learning the suspect in the colorado movie theater massacre wants to plead insanity. that is according to his lawyers. we are live in denver on this story. was this a surprise? >> reporter: not really, bill.

it's been expected that james holmes would change his plea to not guilty by reason of insanity. not shoefp so much a case of if but when. at his arraignment back on march 12th his legal team said they were not ready so the judge entered a not guilty plea on his behalf. the defense has hinted at it since the case began. one legal expert says it's a given that holmes has mental issues. >> the question is whether those mental illness problems that mr. holmes has rose to the level of insanity at the time he was committing these acts. >> reporter: now once holmes pleads insanity he gives up a lot of privacy protections, especially when it comes to medical records. he will also undergo a state ordered review of his mental evaluation. now expect his defense team to fight this every step of the way, even though it's required,

because this is a capital murder case. bill: it's not as simple as just changing the plea, i understand. does the judge have a say in this? h-frpblts the judge definitely has a say, the judge will actually decide whether or not he can change his plea, so it's no guarantee. and the judge will hold a previously scheduled status hearing on monday, that is when holmes or one of the members of his defense team will tell the judge the new plea. in a filing the judge responded to holmes i tension to plead insanity saying quote the court will then give the people an opportunity to respond. after the court determines whether good cause exists it will decide how to proceed. now the mother of jessica gowy killed in the theater last summer tells fox news she does not believe for a moment holmes is insane when you look at all the ma particular just planning and he was able to acquire 6,000 rounds of ammunition according to police. bill: thanks. on that story live in denver for us today. alisyn: one big question looming

over the benghazi hearing, who changed the talking points? you can see the different versions of talking points right here. there was a lot of information taken out on the right hand side of your screen from the original version on the left hand side of your screen. so who made that decision? bill: also, did the administration try to cover up a botched response? former homeland security secretary michael chertoff is live in studio. we'll talk to pheupl moment to him moments away here.

alisyn: we want to show you the emotional reaction from family members of the cleveland kidnapping suspects. the suspect's cousin was on fox & friends this morning and had this message for the victims' families. >> we are deeply saddened that members of our family could have had anything to do with this. but first and foremost i just want to express to jean gina, to amanda and michelle how horrible we feel that everything that you went through. these girls lost ten years of their lives and they are never going to get that back and there is nothing that we could ever do or say to make that better and to give them back a part of their childhood. but they are true heros here, they survived in this house beyond all odds, and i applaud

them for that. i hope that they can somehow, some day find normalcy in their lives again and move on and move past this and reunite with their families and reconnect when what they've lost. >> very emotional for you hick see it in your eyes. you knew these girls as well. >> my boys went to school with amanda berry and my family has known ph-p g gina and her family as long as we've been in cleveland. it's truly unbelievable that so many people who knew these brothers were fooled. their own children cannot come to grips right now with how this has all transpired. our family is trying to come to grips with how this all happened, and how this was kept quiet for so long. alisyn: it is unimaginable, the lives that these three alleged suspects changed and affected

throughout the city of cleveland that looked nor the girls for ten years. just incredible. more information will be coming out today. bill: fox news alert, an hour away from a bombshell hearing on benghazi. three witnesses will testify before this house committee. you will see it all here hop on the fox news channel. the events that killed four americans including our ambassador chris stevens that is topic a, but the chairman of that house oversight and government reform committee, congressman darrell issa a believes that the obama administration is covering something up. here he is from our show on monday of this week. >> i think as the story grows everyone becomes m more familiar that when hillary clinton said, what difference does it make, it makes a big difference. of it makes a difference in who is responsible for these men's' death and ultimately whether or not we covered it up for political reasons or is the president asserting for classified reasons, which is becoming more and more doubtful. bill: with me now former

homeland security secretary michael chertoff, also the former federal judge and cofound erp of the chertoff group. nice to she you back here in new york. you say it never seemed to be anything other than a terror attack based on the accounts on the ground. if that's the case why not call it a terrorist attack? >> it's puzzling because you're in one of the most dangerous places in the world, benghazi which is a recruiting ground for al-qaida on a very significant date which is september 11th. so the obvious going in presumption is it's a terrorist attack. you have mortar fire, heavy arms fire. again, all publicly reported within the first several hours, and all that suggests pretty compellingly it is terrorism. why you would try to deny that is frankly baffle link. >> why the spin? >> it may be part of a larger issue whether killing osama bin laden and having drone strikes is an adequate strategy for dealing with terrorism. if you believe of it is then you want to take the position that we've essentially drastically

minimized the threat and as long as we keep the drone strikes up everything is fine. if you think it's more complicated than that, then you look at an event like this and say we haven't reallyee limb tphaeuplted the problem we've simply distributed it around the world. >> you say there are three issues that are central here, but nothing is more important than this question. shufd we have been better prepared? you just referred to benghazi as being a hotbed for trorism. there is a town down that desert road about 100, 150 miles called durna. this is an area where islamic fighters went to iraq, islamic fighters went to afghanistan, in good heavy numbers. if you know that already, why allow your own people to be such a soft target? >> i think that's one of the critical questions that has to emerge from the set of hearings that are going forward. remember the date is september 1th, th 11th.

whenever that tkhaeut approached we took an extra hard look at where there might be threat activity out there so we could respond and prevent it. add onto that that as you point out you're in an area that is notorious as a training ground and a recruiting ground for extremists to go to afghanistan. and you ought to be on heightened alert. either you have to say we're not going to send our ambassador in that day or have contingency plans in place to deal with an attack if it happens. bill: under the circumstances that we have come to learn here these guys were sitting ducks. they didn't have much to defend themselves, did they? >> that's correct. there is not a lot of force protection, a standby group to come in immediately. the right thing would have say to the ambassador, don't go this day, wait a few days. if he was going and if there was a compelling reason, there should have been adequate force protection. bill: i want to get your view on the talking points draft here. we had ha version that we showed earlier today. clearly so many lines are takenout and redacted before the final version is published. what is your view about how that happened and why?

>> i think that is again a question that will come out in the hearings. pieces of testimony or interviews have been put out there and i've seen a sequence of emails that suggests not only heavy editing but almost a transformation from the original version to the version that came out afterwards. a lot of this as i said has to do with whether you are taking the position that we have basically turned the corner on terrorism by killing osama bin laden or whether you believe actually it's still a serious issue and we can't simply say the mission is accomplished. so i think that's kind of the back story to the struck he will over the talking points. bill: does this go to the highest level of the state department, the highest level of the white house? or is this something that is -- or can be explained away at a lower level? >> again, i'd be speculating at this point. what i will say is it's not just a question of editing out things, that happens sometimes when the intelligence community is concerned about something that might be classified, or something that would reveal a source and method. but here there was actually a change. it went from a description of

this as a terrorist attack to this rather kind of nancy full idea that it's a demonstration that got out of hand because of a youtube video. whoever conjured up that idea is a person who really took an additional step beyond just editing to secure intelligence information. bill: when it comes to the cia and the intelligence community it's not their job to draft talking points, to draft messages, to frame it or shape it in aeu that suits their purposes. they have to deal in facts to be successful. >> their job is merely to say, you can't say this because it's going to jeopardize something. it's not to give you an alternative narrative that will explain away a problem or give you a more attractive type of talking point. bill: we will see where the hearings take the story today. when they start in less than an hour. michael chertoff, thank you for your time. good to he some you again. >> good to see you too bill. alisyn: thanks so much. weep are keeping an eye on capitol hill of course where three state department employees are preparing to testify as you

just heard bill say. what can we expect to hear from them about what then secretary of state hillary clinton knew about the benghazi investigation? >> so when i requested resources, when i requested assets, instead of supporting the assets i was criticized and somehow it was my responsibility to come up with a plan on the ground and not the responsibility for ds. i raise that specific point in a meeting with the ds director in march, that 60 days there was no plan and it was hope that everything would get better. if you have moderate to severe rheumatoid arthritis, like me, and you're talking to your rheumatologist about trying or adding a biologic. this is humira, adalimumab. this is humira working to help relieve my pain.

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bill: four people who provided crucial information in the hunt for the former lapd cop tkoerpbs r- christopher dorner will split a one million dollar reward, a panel of judges making that decision. most of it will go to a couple held captive by the excop in a rental cabin outside of l.a. dorner was accused of killing four, including two officers and wounding several others. he shot himself to death during a wild shoot how the with police as the cabin he was hiding in burned to the ground in california. alisyn: we of course are watching capitol hill awaiting the benghazi hearing. a major point of contention between republicans and the administration has been the apparent lack of help available to the benghazi consulate. in hearings back in january secretary of state hillary clinton was pressed on that point by illinois republican adam kinsinger.

>> if we have no a as assets on alert that can respond in a seven hour lull in two different attacks in one of the most hot spots in the country, in the world on 9/11, on the anniversary, is the lead from behind strategy failing. the board found no evidence of any undue delays in decision making or denial of support from washington or from military combatant commanders, quite the contrary, the safe evacuation of all u.s. government personnel from benghazi 12 hours after the initial attack and subsequently was the result of exceptional u.s. government coordination and military response and helped save the lives of two severely wounded americans. alisyn: congressman adam kinsinger joins us live now. you are the perfect person for us to have on this morning because before you were in congress you served in the air force. you served in air force special operations, you're a pilot of force, and in air combat

command, so you flew the very kind of mission has could have happened that night. in your opinion could the air force have made it to the consulate from sicly, lit of italy? >> oh, shaourb i'd like to think so. if you look at italy 41,000 i think 46 miles away is the air base from benghazi. all you had to do was send f-16s from there to benghazi and they can do something called a show of force, basically a low fly over, it's done all the time in iraq and afghanistan to stop attacks from happening. we could have done that and for some reason we didn't. alisyn: how long would it have taken to fly those a little more than one thousand miles. >> probably about two hours. then you can had on the prep time to get the aircraft ready. keep in mind twrepb the first and second attack was a seven-hour lull. i would think after the first attack happened that the administration would do absolutely everything in their power to send every military assett in the region to go to benghazi to respond. you can have ta*fpbge -p tanker

support out of england and turkey and anywhere in twrepb. there are always a number of tankers ready to refuel hoop. this is something that had the administration pulled out the stops we could have sent some assets over and stopped this terrible thing from happening. as a military pilot one of the very first things i was told is you know your country will never leave you behind and your country will move heaven and earth to come get you if you're behind enemy lines. i believe that. that is my concern, in benghazi iter looks like we did not move heaven and earth that toeubg tear of the people serving our nation. alisyn: that is such a poignant point that you made to then secretary of state hillary clinton that sometimes the mission, you do end up having to leave people behind, but you tried to get them out. in this case it doesn't sound like we, not only didn't we move heaven and earth we didn't really try that hard. >> and we also are finding out that there were special operations soldiers that requested to go in, they weren't

given the opportunity to go in, and they had to miss their flight because of what some people are claiming is pwraour rock casey, the other are claiming administration stonewalling. even if we couldn't have got even assets overhead in that seven-hour lull which i have a hard time believing. it was the anniversary of 9/11 h why waoerpbt we thinking this through and having people located so that if something happened -- that's what we have to get to the bottom of. weave have the greatest military in the world. we have people voluntarily every day willing to give their lives to our nation. they need to know their nation is willing to give heaven and earth and move anything in our obstacle to get them out in we find ourselves in this situation. alisyn: here is what the department of defense said yesterday to counterclaims from people among them you who said we could have made it in time. this is from the department of defense itself. the time needed from alerting the cif as they say to landing at the benghazi airport is greater than the approximately 7

phoeupb 5 hours between the initiation of the first attack and -pt second one. as such the time requirement for notification, load and transit alone prevented the crisis team from being at the annex in enough time to change events. is something wrong if it takes us more than seven and a half hours nor notification of the crisis team and then for them to load and make it there? >> well we've got the crisis team is one thing h f-16 os out of the air base over benghazi is another thing. this should have been forward thought of. secondly it doesn't appear that action was even taken. they didn't know it would be seven hours between the first and second attack. aupl they knew was an attack had happened and there is still a threat out there. why weren't these assets at least put in place. maybe it would be eight hours or nine hours between the first and second attack. we would know that america did everything in her power to insure our folks stranded on the ground had assets coming to safe them. and look these are questions that have got to be answered not just from how do we correct this

in the newt but why did the administration make the decision they did and frankly they need thob held accountable by congress. alisyn: today we will hopefully get some of those hanceers. congressman, thank you so much for your service and expertise on all of this. >> you bet, it was great being here thank you. bill: watching the clock waiting for testimony. jon scott is as well. "happening now" rolls your way in 141 minutes. how are you, jon, good morning to you. jon: i'm doing well, bill. good morning thousand. we are just a few minutes away now there that live house over shaoeugt and government reform committee hearing into what happened in benghazi libya on september 11th of last year. among our reporters and are guests mike emanuel. james rosen, bret baier, ambassador john bolton. congressman tray gowdy and senator marco rubio. every angle of this developing story is covered. we will take the hearings for you live. joining us, "happening now." bill: thank you. see you then h. one of the critical issues in all of this. who changed the talk bein talking points? that is an issue front and

center that you will hear about in who minutes. why were references to terrorists taken out. steve hay serbgs is mes is my guest. >> the best information and the best assessment we have today is that in fact this was not a preplanned, premeditated attack.

bill: amongth many questions ta, who changed the talking points in the days after the deadly ambush in benghazi. steven hayes, senior writer "weekly standard," fox news contributor. you wrote a column about the talking points, the version originally drafted and the final version that was printed. why is this such a key part of this investigation?

>> i think it's a key part because you have on the one hand talking points prepared by the intelligence community that were sent to policy-makers on the evening of september 14th and then following revisions and following an important meeting among top administration officials on saturday morning you had an entirely different product that cameout on the other end. so we've got to understand better why the intelligence community was telling policy makers one thing and policy makers were telling the american people quite another. bill: we'll hear from the witnesses in about 35 minutes. is this the thing that goes to khreup hillary clinton level or is this a story that kind of drops down to a ben rhodes or victoria new land? victoria new land's spokesperson state department and ben ho*edz on the national security council. what is your view on that? >> i think that's one of the really important questions that we have to get answered. if you look at this key meeting on saturday morning, you had a number of senior administration

officials there, and we know that the meeting was convened at least in part to go over these talking points and prepare them both to be sent back to capitol hill and to send forward to susan rides, tha rice, that was the purpose of this meeting. if you look back at the emails sent on friday night, victoria new land, state department spokesman basically saying my building here has concerns about the way this is being laid out. and you can look at that has something like a bureaucratic fight. the cia was very clear in the talking points that it had sent over that it had provided warnings to the state department and she and i think her building leadership didn't want the state department to be seen as ignoring those warnings, but she said, i think, crucially, these were the concerns of my building leadership. so i don't view her as sort of the key player, but i'm interested to know who her -- who her building leadership was. bill: all good points. steven, thank you. >> thanks, bill. bill: from washington, steven

hayes. alisyn: fox news alert for you now, we want to show you the front of the possible reunion scene here. this is amanda berry's sister's home in the cleveland area. amanda berry one of the three women who was held against their will for the past ten years, and as you can see all the balloons, you can see teddy bears. we believe that amanda berry is headed here to her sister's home. we'll keep an eye on it. back in a minute .

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bill: i hope you enjoyed the ride. martha: i certainly have. bill: see you tomorrow, "happening now" starts right now. jon: we begin with this fox news alert. a brand-new hearing on the been gauzy terror attack in and the aftermath. hello, i am jon scott. jenna: i am jenna lee. we are waiting for the new testimonies from the so-called whistleblowers in this case. they will be talking about what went wrong in the september 11 attacks that killed four americans, including ambassador stevens. we have live team coverage. a mike emanuel is on capitol hill. james rosen is in washington with more for this exclusive report in been gauzy. first, we begin with our correspondent,