charged with first degree murder, we're going to continue to bring you the latest. thank you for being with us tonight. go to gretawire.com. benghazi, cleveland up next. >> bret: the benghazi hearing, the truths about a cover-up or just more partisan politics. this is "special report". >> bret: good evening, i'm bret baier. lawmakers and the nation are tonight digesting gripping often gut wrenching accounts from state department employees about the terrorist attacks that killed four americans last september in libya, including the u.s. ambassador. we have fox team coverage tonight. james rosen with new evidence showing what members of the administration knew and when they knew it. we begin with mike emmanuel on capitol hill. good evening. >> good evening. powerful words from state department whistle blowers still

full of emotion eight months after four americans were killed in benghazi. >> i got the ambassador on the other end and he said, greg, we're understand attack. and it was also a bad cell phone night in tripoli. connections were weak. but i said, okay. and the line cut. >> emotional testimony from gregory hicks who served as deputy to ambassador stevens and in libya the night of benghazi attack. >> at 3:00 a.m., i received a call from the prime minister of libya. i think it's the saddest phone call i've ever had in my life. he told me that ambassador stevens had passed away. >> hicks also spoke with the special forces troops prepared to travel from tripoli to benghazi when they were stopped much to their frustration. >> how did the personnel react at being told to stand down?

>> they were furious. i can only say -- well, i won't quote lieutenant colonel gibson. he said it was the first time in my career that a diplomat has more balls than somebody in the military. >> rick: lawmakers also asked the man deputy coordinator for operations of the state department's counterterrorism bureau, mark thompson, about how quickly those involved thought lost september 11 was a terrorist attack. >> mr. thompson, you went through process of things that you observed and how you tried to activate your team. did you do so because you had an initial view of whether this was a terrorist attack or something else? >> yes. >> there was also scrutiny of the obama administration's narrative days after the benghazi attack. >> so fast forward, mr. hicks, to the sunday talk shows and ambassador susanlamed this attaa

video. in fact, she did it five different times. what was your reaction to that? >> i was stunned. my jaw dropped. and i was embarrassed. >> though the committee's top democrat criticized darrell issa and his intentions. >> let me be clear, i am not questioning the motives of our witnesses. i am questioning the motives of those who want to use their statements for political purposes. >> late this afternoon congressman chaffetz asked hicks if the u.s. asked permission of the libyans to fly a military mission in its air space. hicks said no, but that he believed the libyans would have granted it. >> bret: mike emmanuel, thank you. there was particular focus today on the now infamous sunday talk show marathon by susan rice. you heard mike mention it. james rosen has that part of the story and more. >> every piece of information that we get and as we got it, we

laid it out for the american people. >> if any administration official, including any career official had been on television on sunday, september 16, they would have said the same thing that ambassador rice said. >> those statements about what the obama administration knew when susan rice appeared on the sunday shows of september 16 came under fresh assault. >> did you report to anyone in washington within the first couple of days that there was anything in connection, a protest in connection to a youtube video? >> no. the only report that our mission made through every channel was that there had been an attack on a consulate. >> not a protest? >> no protest. >> further evidence that mr. obama's aides knew rice's narrative was false came when a gop law maker read from a previously undisclosed e-mail that beth jones, acting assistant secretary of state for the middle east, sent on september 12 about her discussions with the libyan ambassador. >> this is from miss jones to

you, counsel for hillary clinton, to victoria nuland, to mr. kennedy, and i'm going to read from it. when he said his government suspected former gadhafi regime elements carried out the attack attacks, i told him that the group that conducted the attacks ansar al-shariah, is affiliated with islamic terrorists. >> on september 14, a document published, likewise stated, we do know that islamic extremists with ties to al-qaeda participated in the attack. yet rice and other senior u.s. officials far from putting out every piece of information as they got it, continued to press the false narrative. >> our initial information and that includes all information -- we saw no evidence to back up claims by others that this was a preplanned or premeditated attack. >> i wish i could sit here today and tell you that within days,

within a week, by september 20 when we came up here we had a clear picture. we did not have a clear picture. >> another newly unveiled e-mail was sent on 9-11 by mark thompson, the operations officer at the state department counterterrorism bureau with the u.s. annex in benghazi about to face mortar fire, he wrote to patrick kennedy's deputy, wondering why the undersecretary swiftly rejected the option that the f.b.i. and the defense department special operations command had recommended that night. the deployment of the foreign emergency support team, or fest. >> you wrote, quote, i am told pat kennedy participated in a senior conference call with the white house and discouraged a fes option. when f.b.i. was contacted, they responded this situation would be better addressed via a fest response. why was that not called into action? >> i do not know. >> this week thompson's former boss, daniel benjamin, said the decision was the correct one. but the day after the attacks, thompson wrote in an e-mail to

two colleagues, daniel benjamin on the phone this morning. he understands my fes points, concurs, but expressed his pessimism readying deployment and by extension, does not intend to lobby for our ininclusion, end quote. >> in a five-page rebuttal released tuesday, an official argued that fest could not have arrived in libya in time to help the americans. >> bret: one thing is clear, that there were democrats calling for more hearings, more documents today. this is not going away. >> perhaps could climax in a select committee. >> bret: okay. thank you. the air force removed 17 officers from their duties of standing watch and possibly launching nuclear missiles. this comes following a poor performance during an inspection last march of the missile wing at air force base in north dakota. air force publicly called the inspection a success, but the wing was actually given the equivalent of a d grade. we have just learned about formal charges against the main

suspect in the horrific kidnapping case in ohio. a kidnapping that authorities say lasted a decade. senior correspondent rick leventhal is live in cleveland. good evening. >> good evening. cleveland's top prosecutor announced that ariel castro is being charged with four counts of kidnapping and three counts of rape. but his brothers, pedro and onil who have been in jail with him since monday night will not be charged in connection with this case. authorities say the brothers had no involvement in the kidnappings and assaults and they say ariel confessed to his crimes. a massive show of support for amanda berry, now safe inside her sister's home just a few miles from where she was held in chains and ropes for the past ten years. late this morning action her sister read a brief statement. >> i just want to say we are so happy to have amanda and her daughter home. i want to thank the public and the media for their support and

encourage over the years and at this time, our family would request privacy so my sister and niece and i can have time to recover. >> early this afternoon, gina dejesus returned to her home for the first time since 2004. >> i know she needed me and i never gave up. never gave up searching for her. >> the f.b.i. is still searching the house belonging to ariel castro and are also checking the home next door with forensics investigators and canine teams. potential evidence including ropes and chains have already been removed from the scene. castro, a form school bus driver, also faced abuse allegations from the mother of his children in 2005. she claimed he broke her nose twice, broke her ribs, knocked out a tooth, dislocated her shoulders, and threatened her life multiple times. she won an order of protection but it was dismissed when she failed to show up to court. and police say the three kidnapped victims hadn't left the property in ten years and had only been outside twice when they were taken to the garage

out back in disguises. they don't anticipate finding other victims, but wouldn't comment on reports of other possible pregnancies or miscarriages inside the house and the search of the neighboring properties with canine teams and investigators with shovels continues tonight. >> bret: amazing story. rick, thank you. another story you may have been following here on fox, the woman accused of the brutal murder of her former boyfriend has been found guilty. late this afternoon in arizona jury convicted jodi arias goad of first-degree murder in the killing of travis alexander in 2008. authorities said she planned the attack in a jealous rage after being rejected by the victim while he pursued other women. more on fox news.com and the fox report at the top of the hour. an american held captive in north korea gets an assist from an all-time great rebounder. later in the grapevine. what's old is new again for the

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>> bret: president obama will be talking politics tonight with members of the house democratic leadership at a dinner meeting. and a couple of the items that may come up have a familiar ring. ed henry tonight on the president and the holdovers. >> as big second term legacy like immigration reform begin advancing, he's playing against on two other issues that dominated his first term. tomorrow he's back on the road talking jobs in texas, while on friday, he's planning an events at the white house to continue defending his signature health care law. >> if you already got health insurance, then that part of obamacare that affects you, it's pretty much already in place. >> friday's event touting the benefits of health care reform for women is in part an effort

to calm down nervous congressional democrats who are fretting about how implementation of the health care law may impact a 2014 midterms. >> i just see a huge train wreck coming down and we have discussed this many times and i don't see any results yet. >> house majority leader eric cantor is planning another vote next week to try and repeal it. >> this is as the chairman of the finance committee said, a train wreck and it's time to revisit this monstrosity because it's clearly an enormous drag on our economy. >> white house officials insist this is a political loser for republicans next year because the law is especially popular with women and minorities, a point mitt romney himself alluded to in his first post-election interview with fox's chris wallace. >> the weakness that our campaign had and that i had is we weren't effective in taking my message primarily to minority voters, to hispanic americans, african-americans and other

minorities. >> why do you think that was? >> well, i think the obamacare attractiveness and feature was something we underestimated in particularly lower incomes. >> a fox news poll last month found women support the health care law more than men, with 43% of women saying the law should be kept in place. compared to only 39% of men. the difference in support along racial lines is even more stark, with 73% of nonwhites saying the law should be kept in place. while only 32% of whites say that. republican officials respond by saying health care is not the only issue to reach out to female voters and minority voters. they also point out they're taking on the president's health care law, revs up their base ahead of 2014. >> bret: ed henry, thank you. mortgage giant freddie mac earned $4.6 billion from january through march. it has turned a profit in its past six quarters. taxpayers spent about $170 billion to rescue freddy

and larger sibling, fannie mae. they have together repaid about $62 billion of that so far. new record closes for both the dow and the s & p today. industrial average picked up 49. the s & p 500 was up 7. nasdaq gained 17. we could be talking really big money to pay entitlements to immigrants if immigration reform goes through. at least that's the argument of some republicans despite language in the bill that would seem to make that unlikely. chief national correspond sent jim angle looks at both sides tonight. >> one of the big questions in immigration reform is how and when immigrants who begin a path to citizenship qualify for federal benefits. senator marco rubio, one of the chief proponents of reform, argues the new bill as well as current law prohibit immigrants from taking such benefits for years. >> for those first ten years, you don't qualify for any federal benefits. then your first five years of a green card, you don't qualify

either. for most people, it's at least 13. for many, longer. >> in fact, u.s. law and the new immigration bill say those trying to gain citizenship are prohibited from applying for benefits and if they do, they get sent home. >> if you're a public charge, you don't qualify for renewal of that temporary status that you're getting 'cause the temporary status that people have to apply and qualify for, it's not forever. it's for six years. >> another republican senator says while the law does say that no one can become a public charge, it is not enforced. >> that has been totally ignored. we finally got a response to say that not one single person has been turned down permanently on the fact that they've not been able to show they're going to -- they can take care of themselves. >> senator sessions argues many immigrants will be eligible for benefits much sooner than 13 years, including the so-called dreamers, young people brought here by their parents. >> two to 3 million that are

here, who claim dream status will be able to have those benefits within five years. >> some ten to 11 million more after 13 years. senator rubio insists there will be checks at every stage of the process. >> when you go reapply at the six-year mark, bit way, you're not eligible for any public benefits at that point, you have to prove that you're not a public charge. >> senator sessions and other critics, though, are unconvinced. >> we respect people who want to come to america. we believe that we should accept immigrants, but we've got to be realistic about the impact. >> the argument continues, but texas republican senator ted cruz is offering a an amendment to end the dispute by proposing to let immigrants stay, but deny them from ever receiving any means tested benefits. what we think of as welfare. bret? >> bret: thanks. that bill gets marked up tomorrow and senators i don't and sessions will be here to break down the pros and cons. still ahead, what the

benghazi session means for hillary clinton

>> bret: jurors in the trial of a philadelphia abortion doctor are reexamining some of the key testimony concerning some of the most serious charges. shannon breen is live in philadelphia and again our warning, report contains disturbing information. good evening, shannon. >> hello. after having several hours of testimony reread to them from a key witness today, jurors are now in the trial gearing up for yet another day of deliberations tomorrow. that will make their eighth day. attorneys refused to speculate about the jury's request to hear former clinic worker linda

williams' full testimony. it covered the deaths of both the infant the grand jury refers to as baby c and adult patient, legal experts are split over whether the lengthy deliberations mean the jury is meticulous or confused. as jurors continue to debate the case, pro-life activist has released another undercover recording taken by a pregnant woman posing as a potential patient seek ago abortion. following the death of a woman who died after seeking an abortion when she was 33 weeks pregnant. he described the late term abortion process, which begins by killing the fetus while it is still in the womb. >> i'll have a dead baby in me? >> yes. >> will it start to decay or something? >> like putting meat in a crock pot. it doesn't get -- it gets softer. it doesn't get infected.

>> so the dead baby is like meat in a crock pot? >> yeah. pretty much. >> all right. all right. >> he's one of a handful who does extremely late term abortions here in this country. it's illegal in most states. in this case, gosnell is facing 24 felony counts. he's accused of doing abortion well past pennsylvania's limits on abortions after 24 weeks. brett? >> bret: shannon bream, thank you. we'll continue to watch that trial. photo shopping pictures, a lot of people do it. but for a country to do it for world leader visits? one news organization in one country did. we'll show you. dennis rodman has a message for his good buddy, kim jong-un. we'll t

>> bret: fresh pickings from the political grapevine. dennis rodman wants to be an unofficial ambassador to north korea and he's already making some requests. asking the nation's young dictator to free an american in prison this. the former nba star tweeted, yesterday, i'm calling on the supreme leader of north korea, or as i call him, kim, to do me a solid and cut kenneth bay loose. bay, a korean american, has been sentenced to 15 years of hard labor for allegedly fomenting revolution. he was working as a tour operator in china and often traveled to north korea to feed orphans. rodman visited kim jong-un in

march and has said he plans to return to the country. north korea has been from time to time accused of altering images used by state-run news agencies to give the appearance that events happened differently than they actually did. but tonight it appears that their neighbors to the south are also big fans, but not experts at photo shop. yesterday we reported south korean president met with president obama at the white house. apparently south koreans news agency did not get access to the photos that we did at the white house because this is the picture that accompanied its story. even to the untrained eye, the pictures really don't measure up that well. and finally, disney has once again withdrawn an effort to trademark a term that is already part of the american vernacular. the company filed a request to trademark dia delosmuertos which

translates into day of the day. celebrated by millions. their request was met by harsh criticism at trying to capitalize on the tradition is culturally insensitive. disney backed down. in 2009, you may remember in the days following the osama bin laden raid, disney tried to trademark seal team 6. it eventually with drew that request, too. our top story at the bottom of the hour, three state department employees told a congressional hearing today their version of what went on during and after last september's terrorist attacks on the u.s. facility in benghazi, libya. much of the republican criticism over benghazi has been directed at then secretary of state hillary clinton. tonight carl cameron shows us how that could affect clinton's presidential aspirations. >> chairman issa went on national television and accused

former secretary of state hillary clinton, accused her of lying under oath. >> a central figure in the benghazi investigation, former secretary of state hillary clinton has a crushing lead in polls of potential 2016 democratic white house hopefuls and that democrats say, is why the gop is out to get her. >> it's largely a political spinning in an attempt to harm her for three years from now and there is so much that's going to happen overt next three years. it's hard for me to believe this will still have legs, absent something more than we've seen to date. >> the white house stood behind her. >> the white house is confident hillary clinton acted promotely? >> we are. >> she was cleared of wrongdoing by the obama administration's accountability review board. but its leaders, admiral mike mullen and former u.n. ambassador pickerring refused to appear today and never interviewed clinton for their investigation. clinton testified before congress earlier this year. >> i directed our response from the state department stating close -- stayed in close contact with officials prosecute our

government and the libyan government. >> military and intelligence personnel recognized the attack was terrorism immediately, yet president obama, secretary clinton and their aides continued referring to rioting over an anti-islam video for two more weeks. >> we've seen rage and violence directed at american embassies over an awful internet video that we had nothing to do with. >> republicans accused the white house of stonewalling their investigation, noting clinton's angry refusal to explain in january why the administration continued to blame a spontaneous riot instead of what was known to have been a sophisticated terrorist assault. >> what difference at this point does it make! >> the mother of sean smith, one of the four americans killed, says her handling of the response cost her son's life, quote, why wouldn't she do something about it? i blame her. such sentiments make definite stating political attack ads, but without indisputable proof of deception or cover-up, democrats predict she will be fine politically. that assumes clinton runs and her democratic white house

rivals back her up when they'll be running against her, when super pac ads are questioning her record. this is going to come up and the democrats all know it and if they don't raise it, republicans will if she becomes the nominee. brett? >> bret: thank you. what do you think? do you think benghazi will hurt clinton's presidential chances? let me know on twitter. follow me at bret baier. political redemption for mark sanford, the former south carolina governor defeated elizabeth colbert bush to win back his old seat in congress. the republican took 54% of the vote for all the talk before election day really was not very close when all the polls were closed. special election drew extensive media attention because of sanford's high profile affair in 2009 when he was governor and because of his opponent's famous brother. steven colbert. a moment ago on the grapevine, i said the osama bin laden raid was in 2009. it was, of course, in 2011. sorry about that. the benghazi hearing, what we

learned and did it deliver? we'll ask the fox all stars when we come

>> we have four dead americans because of a protest or was it because of guys out for a walk one night who decide they'd go kill some americans? what difference at this point does it make? >> the committee labors to uncover what happened prior, during, and after the attack

matter. it matters to me personally and it matters to my colleagues at the department of state. >> bret: eric nordstrom, one of the witnesses today testifying at the house hearing on benghazi, a lot to talk about. let's bring in our panel. steve hayes, seen writer for the krauthammer.rd, mara, and overview, first of all, charles? >> well, i think we're getting something of an answer to what hillary said in that quote. she added at the end. it's our job to figure out what happened as opposed to what difference. well, now from all the testimony that we've heard today, it looks as if the job of the state department high officals and the state department was to control or suppress what had happened and that is extremely important. >> bret: one of the interesting back and forth moments, mara,

happened about the talking points. take a listen to this. this is representative gowdy. >> would a highly decorated career diplomat have told you or washington had there been a demonstration outside his facility that day? >> yes, sir, he would have. >> did he mention one word about a protest or a demonstration? >> no, sir, he did not. >> so fast forward, mr. hicks, to the sunday talk shows and ambassador susan rice. she blamed this attack on a video. in fact, she did it five different times. what was your reaction to that? >> i was stunned. my jaw dropped, and i was embarrassed. >> bret: a lot of talk about that element. >> i think that was the most dramatic moment of the day. the talking points is kind of a separate issue. there is a question of whether enough was done and the right decisions were made to protect the diplomats and to react as soon as the attacks began.

then there is the question of how they described them and now there is a lot of evidence that they knew before ambassador rice went on television that it wasn't a spontaneous protest based on this video. and now the white house says that was the information they had at the time, as soon as they got more information, they corrected it. but it was in the heat of a campaign and you did have susan rice going on many, many tv shows repeating these talking points. >> bret: right. about talking points, jay carney, who talked about it before, was asked about it today and what the new revelations and talking points steve hayes, that you put in the weekly standard with your reporting. >> remains the case is the intelligence community, c.i.a., drafted these talking points and redrafted these talking points. the fact that there are inputs is always the case in a process like this, but the only edits made by anyone here at the white house were stylistic and

nonsubstantive, corrected the description of the building where the facility in benghazi, from consulate to diplomatic facility, and the like. >> bret: stylistic and nonsubstancetive. >> yeah. what jay carney said there is untrue. we have the talking points. we've seen them. we've seen the changes that were made. they were dramatic changes that came out of this meeting, the deputies committee meeting, top obama administration officials on the morning of september 15. they took out references to islamic extremists. the talking points in that meeting were basically rewritten and to a certain extent, the night before by political appointees of the white house. so what you had were talking points provided by the c.i.a. that looked one way, going into this 24 hour interagency process and on the other end, came out looking entirely differently. wholesale rewritten. that's not just my view. the fact checker has made basically the same claim. so i don't know why jay carney

would say what he said. the interesting thing out of these hearings as it relates to the talking points is that we now have another e-mail from beth jones, senior state department official, confirming the state department knew on september 12 that these were attacks that at least involved al-shariah, an al-qaeda linked group. she sent that. it was circulate to do a number of senior officials, very close to hillary clinton on september 12, and the reason that matters is because it widens the circle of people who knew that early, that it was a terrorist attack involving al-qaeda extremists and it corroborates other independent information that we had gotten by other means, including signals intelligence, communication intercepts of two al-qaeda linked figures who were communicating, including one of those who had participated in the attack and a c.i.a. memo from the c.i.a. station chief to top intelligence official on the ground in libya on september 12

saying in effect, this was an attack by islamic extremists. so you have this from different streams of intelligence, different ways of getting it, different sourcing and it all corroborates the same point. this was a terrorist attack conducted by extremists with links to al-qaeda. >> bret: it was read, the e-mail was read at the hearing, an e-mail from miss jones to hicks, to the state department counsel for secretary clinton saying that she spoke to the libyan ambassador, emphasized the libyan officials making strong statements, and when he said -- i told him it was affiliated with terrorists and she goes on to point the finger at them. i do want to say, charles, it seems like that it had a different feel today than the previous hearing. your sense overall of how republicans did in their questioning, how democrats reacted, the overall

atmospherics? >> the republicans knew their stuff and they acted in a way where they were able to follow one upon the other. the democrats were frankly embarrassing. all they were doing is hurling political charges. here were state department officials, career officials who don't have any ax to grind, who don't have any political motive here, giving facts and the democrats essentially ignore them and said, it's an attack on hillary. well, this didn't start today with hillary as the lead candidate in the next election. it started in september, october, november. it was never an issue. so to pretend this is all about hillary and her presidential campaign as democrats are doing is preposterous. >> bret: i want to play the ranking member, his statement from the beginning of the

hearing. >> what we have seen over the past two weeks is a full scale media campaign that is not designed to investigate what happened in a responsible and bipartisan way, but rather a launch unfounded of unfound accusations to smear public officials. let me be clear. i am not questioning the motives of our witnesses. i am questioning the motives of those who want to use their statements for political purposes. >> bret: last thing, mara. speaker boehner is now engaged. he put out a statement about talking points specifically, saying claiming the white house blames no responsibility for the talking points because a c.i.a. officer physically made the changes is an evasion that won't fly with the american people. the question is who was sitting at the keyboard. it's who decided not to tell the american people the truth. the white house should make them public and explain the motives for stripping the talking points of critical information. it sounds now that the speaker put this out that we may be headed for a special committee.

>> maybe. i think that he does have a point. whether or not you think that what the white house did amounts to a major scandal, i think any time you have a white house spokesman saying it wasn't us, it was the intelligence community, it just looks terrible. it's their intelligence community. they're responsible for everything that happens, any high ranking official that goes out to speak for them, they're responsible for it. so it seems really mealy mouthed to try to duck that. >> we also know that the intelligence community, in fact, did not say that because we've seen what the intelligence community sent to the policy makers and we've seen what came out on the other end. >> it's the opposite of truth. the story the administration has said is we initially thought it was a video. as new information came in, we revised it. it's the exact opposite. they officially thought as we saw in the state department memo as the c.i.a. had in the talking points as hicks himself had reported, and initially it was a terrorist attack. and then what they engage in is

a subtraction of the truth, a recaucus and crossing out stuff about al-qaeda, which became an up truth. it was the exact opposite. >> bret: we'll wrap up the hearing. we want to talk about the response to the attack and final thoughts about this day when we come back

>> we determine that we needed to send a second team from tripoli to secure the airport for the withdrawal of our personnel from benghazi after the mortar attack. >> were any of these u.s. military personnel not permitted to travel on a rescue mission or

relief mission to benghazi? >> they were not authorized to travel. >> how did the personnel react to being told to stand down? >> they were furious. i can only say, well, i will quote lieutenant colonel gibson, he said it was the first time in my career that a diplomat has more balls than somebody in the military. >> bret: greg hicks, number two man on the ground in libya. we're back with the panel. the military response, he's talking about special forces in tripoli to get to benghazi and a stand down order that hicks describes. >> right. i think if we have more hearings and i'm virtually certain we will have more, i would suspect that one of the people they'd want to talk to is colonel gibson who was the one who gave him that colorful quote. >> bret: they believe gets the order from general ham. >> right, saying basically don't send them. the white house spin on this is

that when this plane left, they wouldn't have arrived in benghazi in time to have actually made any difference in the fighting, but of course, that arguments presumes that we have knowledge that the fighting was going to end when it ended. there is no way of knowing that. i've talked to folks who believe this fighting could have gone on for days and in fact, was designed to draw more people in. >> bret: there was a lot of testimony about f-15s, f-16s, they could have done flyover. >> i think that's kind of a fertile ground for the next chapter of this. why wasn't more done. before the attack, why wasn't there more done to secure the embassy and the response, and we'll find out more. >> bret: charles, we tweak the panel every wednesday. jody knoll noe land tweaks, i don't understand the logic behind we do you saying the number of special forces teams in libya after the carjacking in august 2012, do you? i think jody's referring to the british ambassador under attack in benghazi.

in other words, all of the things that happened prior to that moment. >> look, that's one part of the story. it's clear the ambassador himself who was slain is the one who was really begging for more security. everybody understands it was rated as a facility that was extremely insecure. that's one element. the other element is at the time of the attack what happened. and i would ask another question, where was the commander in chief? the one man who can authorize and order troops to move above everybody and instantly is commander in chief. where was he for these hours when the fight was raging? has anybody asked it? has anybody answered that? >> bret: last thing, hicks specifically was asked about being demoted to desk officers from essentially heave of missions after stevens dies. a number of questions about that. that could be another element to this story. >> i think it will be a growing element to this story.

the testimony he gives about sheryl mills, who is hillary clinton's right arm and alter ego in some respects, essentially intimidating him, calling him, telling him he couldn't meet privately with the congressmen. you have other suggestions of intimidation, beth jones, he said sat him down for what he described as a blistering attack after he questions susan rice's performance on the sunday shows. and there are real serious questions about intimidation in this and i hope we get some answers. >> bret: not over. >> i don't think it's over. >> no. >> intimidation is the equivalent of a cover-up. if you're going to intimidate somebody as a way to shut that person up, you've got to cover up on your hands. >> bret: that's it for the panel. stay tuned for one mother who stay tuned for one mother who cracked quite a joke on her the capital one cash rewards card

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>> bret: finally tonight. parenting is tough. and sometimes comic relief can help. well, this mom thought a practical joke with a fake egg and then a real egg was the dissolution. solution. >> magic trick, ready? i am going to crack this egg. >> on your head. >> on my head, ready? >> yeah. >> oh, you want to try? >> yeah. >> ready? all right. now, there is no egg on it hold on, when i say three. one, two, three. go.

[ laughter ] >> bret: remember, it's mother's day sunday. thanks for inviting us into your home tonight. that's it for "sp welcome to "red eye." it is like game of throwns if by throwns you mean need parcizzi. what is coming up on tonight's show? and don't mail it in. >> coming up on the big show, an adulterer and the sister of a comedy show host squareoff. sadly only one of them loses. and does carrying your guitar make a man look sexier? i can assure you that sadly the answer is yes. and who is the most trusted person in america? sadly it is a guy who pretends to be other people for a living. greg? >> andy, you are andy levy. you don't have to preface anything with sadly. >> i thought it was nice the way i used sadly all three time