go and visit. >> moynihan, nobody cares. >> i certainly don't care. thank you, jedediah and bill schulz and patrick millsap and not you. caution. >> bill: the o'reilly factor is on. tonight: >> so fast forward, mr. hicks, to the sunday talk shows and ambassador susan rice. she blamed this attack on a individualsio. in fact, she did it five different times. whatwhat was your reaction to that? >> i was stunned. my jaw dropped. >> bill: brutal testimony today about how the obama administration mishandled the attack on our ambassador to libya. and three other americans who were murdered in benghazi. a key question. why did washington refuse to send help? >> i notified my leadership that we needed to go forward. when told that it was not the right time. >> bill: another key question. did president obama and

secretary of state clinton do anything wrong? >> did she ask you about the cause of the attack? >> i don't recall that being part of the conversation. will. >> bill: tonight. we have straight talk about benghazi. also, upcoming on the factor, there is a verdict in the jodi arias murder trial. >> guilty. >> bill: and the latest on that horrendous kidnapping in cleveland. caution, you are about to enter the no spin zone. the factor begins right now. >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. very busy news day. we'll have analysis of the jodi arias verdict. she was found guilty of first degree murder. also the latest on the horrendous cleveland kidnapping case. but, first, our lead story tonight the benghazi hearings in washington today. that is the subject of this evening's talking points memo. there is no question, no

question at all that the u.s.a. did not protect its ambassador to libya christopher stephens and three other americans who were murdered by terrorists in benghazi last september 11th. so today, the house oversight committee tried to find out exactly who screwed up and why. at least some of the congress people did. a few committee members used their time to protect the obama administration, people like carolyn maloney and eleanor norton did that. there are three major areas of concern for those who want to know the truth. first, why did the white house not deploy a rapid security team when all hell broke loose in benghazi? state department official mark thompson, a counter terrorism expert testified this way. >> i alerted my leadership, indicating that we needed to go forward and consider the deployment of the foreign emergency support team. i wanted that considered, i

notified the white house of my idea. they indicated that meetings had already taken place that evening, that had taken fest out of the menu of options. >> bill: thompson went on to say he was not told why the emergency support team was not deployed. the next area of concern is why ambassador susan rice mislead the world shortly after the murders when she said a provocative anti-muslim video could have ignited a spontaneous attack on the americans. the second in command in libya, state department official gregory hicks took on that question. >> when ambassador stevens talked to you, perhaps minutes before he died, as a dying declaration, what precisely did he say to you? >> he said, greg, we're under attack. >> 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. >> did she talk to you before she went on the five sunday talk shows? >> no, sir. >> bill: mr. hicks was in tripoli during the attacks and says he felt powerless to help the ambassador. >> i asked the defense attache who had been talking with after -- africom and joint staff. will anything be coming? will they be sending us any help? is there something out there? and he answered that, the nearest help was in aviano.

the nearest where there were fighter planes. it will take two to three hours for them to get on site but that there also were no tack tankers to refuel. >> bill: the third and perhaps most important question going forward was president obama and/or hillary clinton at fault in the benghazi debacle? >> mr. hicks, 2:00 in the morning, secretary of state calls you personally, not a common call. >> no, sir. >> did she ask you about the cause of the attack? did she ask about videos? did she ask about anything at all that would have allowed you to answer the question of how benghazi came to be attacked as far as you knew? >> i don't recall that being part of the conversation. >> so she wasn't interested in the cause of the attack and this was the only time you talked directly to the secretary where you could

have told her or not told her about the cause of the attack? >> it was -- yes. that was the only time when i could have. >> bill: now, because of ambassador rice's subsequent testimony and the allegation that secretary clinton did not aggressively seek the truth about the attack becomes important. the witnesses today were compelling but they are not at the level where they could level direct charges against the president or even secretary clinton. also, mr. obama was barely mentioned in the q and a. his role remains largely undefined and is likely to stay that way. it's very difficult to pin down the president of the united states without subpoena powers. and those are not likely to be granted in this investigation unless more evidence surfaces. so we, the people, are left with the facts. u.s. government did not protect its people enin libya the way it should have. it was not forthcoming about who launched the attack. and it has not brought the killers to justice. the benghazi incident is a tragic embarrassment to this country and speaks to

the failure of leadership in the state department and in the white house. at the level in the white house? i'm not sure. certainly the white house was involved. there is no way ambassador susan rice should have been allowed to mislead the world. if you don't know ambassador, don't say anything. if you are not sure, keep quiet. simple truth is, that the republicans want to know the whole story because it elm bares the democrats. and the democrats don't want to know the whole story because it helps the republicans. the folks should know what happened there, especially the families of the murdered americans. i believe there will be more to come on the benghazi chaos. talk to the congressman who was at the hearings today. that report moments away.

>> bill: continuing now with lead story. testimony about the benghazi terror attack in

front of a congressional committee today. joining us from washington congressman jim jordan from ohio who was at the hearing. what was most important thing, congressman, that you heard today? >> i think there were two key facts. first, i think it was established without any doubt that ambassador rice mislead the american people on the sunday shows. without a doubt she went out and told a different story than the facts show. >> bill: okay. let me stop you there. >> sure. >> bill: i think everybody knows that and she has apologized for that. do we know who ordered her to mislead? >> we do not know that. but, that's the other -- one of the other facts that came from this committee is even the democrats agree we need more hearings. elijah consumption says we need more people in front of this committee so we can get to the truth, get to the facts. find out who, in fact, did tell ambassador rice to go lie to the american people. we need that. >> bill: you believe it was -- i don't think they would say go lie to the american people. they would say this is the story that we feel happened. i don't think ambassador rice knew what she was

talking about. i could be wrong. i think she was a pawn in this. but there was somebody who pushed her out there and that's what you guys got to find out. >> exactly. the other fact that i think was clear was this goes right to the top of the department of state. cheryl mills, courtroom to the secretary, chief of staff to secretary clinton, called and talked to the lawyer who was sent -- this was unprecedented. they sent a minder to follow congressman chaffets and minder was instructed and greg hicks was instruct dollars as the the head of mission in libya not to have any conversation with chaffets when he came to investigate without this lawyer being present. this was unprecedented. first time it's ever happened. greg hicks testified today that in all of his 22 years, dozen of congressional delegates come to visit post detail, he has has never once had that kind of instruction

where a lawyer was to be present for every single interaction he had with congressman shave chaffets. sarah mills chief of staff and chief counselor to the secretary. important position. >> bill: so she assigns an important to go to libya, all right, with congressman chaffets, when he talks to mr. hicks, who is second in command. so they didn't want hicks to tell the congressman what he knew about them hearing about it. >> exactly, and as the president has said and as secretary of state clinton has said if the goal is to get to the truth. if we really want to get this right as secretary clinton has said, then why try to impede and obstruct conversations between the chief of mission and a member of congress who is on the committee of jurisdiction? that makes no -- you want to get to the truth. >> bill: let me play devil's advocate. we are in the middle of a presidential race, all

right? the obama people and hillary clinton know that this benghazi situation could negatively effect president obama's re-election. so, to have eyes and ears so they can refute anything a republican congressman would say ie chaffets they send their own guy to be in the room. that's probably why they did it, no? >> no. no. it could very well be the reason. but what i do know is mr. hicks has had 22 years of service to our country. held several posts around the world there have been all kinds of presidential elections in that time period in his tenure and he has never once had this situation occur where a babysitter was sent along with a congressional delegates to make sure congressman chaffets couldn't get all the facts. we're trying to get to the truth. >> bill: did the lawyer impede hicks from telling chaffets what he wanted to tell him? >> well, here is what we do know. there was a classified briefing. the lawyer was not allowed to go to that briefing because he didn't have the

clearance. once that briefing is over, mr. hicks gets a call from cheryl mills finding out what went on, what took place there. so there was only one time. >> bill: they were nervous. >> exactly. >> bill: there is no doubt about it. in the hearing today and i followed it fairly closely as did my staff. president obama wasn't even dealt with. he didn't even deal with him. it was mostly hillary clinton and what she knew and when she knew it. but there really isn't any nail down on it you can't accuse her of anything at this point. and other members of the committee on the democratic side were actively run interference helping secretary of state clinton and the president, correct? >> they were. but understand, this bill. even the ranking member, mr. cummings said we need additional hearings. even the democrats understand this -- we haven't got to the bottom of this. we need additional hearings. we need to find out certain military questions that were raised. we need to find out why, in fact, was a lawyer sent on a congressional delegates

to make sure that congressman chaffets didn't get to talk with everyone and anyone he wanted in a one-on-one fashion. why did all -- so even congressman cummings says we need additional hearings. >> bill: you have got to bring in ambassador rice. that's slow to bring in. >> i would love that. >> bill: who told you to say that bogus theory? who ordered you to say it? who? that's the crux of the matter. then, the thing might start to unravel. last word. >> congressman gouty would love. we would all love a chance to have ambassador rice on the witness stand under oath answering that question. >> bill: why what is holding that up? why isn't she there. >> we will keep working on that. we want to make sure it's the right time and we get the answers. >> bill: all right. because it is the right time. you have got people's attention now. >> i agree. >> bill: and it's a very simple question. who told you to put out that fictional story? >> i want to ask it we just got to get it. >> bill: all right, congressman. directly ahead. analyze the verdict in the

jodi arias murder case. found guilty of first degree murder. later, the latest on the cleveland horror. one of the three men accused of the kidnapping of the young girls is charged. why aren't the other two? bill hemmer right back.

>> bill: and in the impact segment tonight, a verdict in the jodi arias murder trial. >> the clerk will read and record the verdict. >> the state of arizona vs. jody ann areas, verdict, count 1. we, the jury, duly impaneled and sworn, in the above entitled action upon our oath do find the defendant as to count 1, first degree murder, guilty.

[gasp] >> bill: one of the most sensational murder cases in recent memory. a young woman charged with killing her boyfriend in arizona. millions of americans followed the trial on television. joining us from phoenix attorney monica lindstrom is covering the story for us. number one, that reaction almost no reaction. like a zombie. didn't break down and cry. >> right. >> bill: how did you read it? >> you know, bill, i was shocked. i thought for sure when they actually said guilty, that she would at least exhale or scream or cry or something. and nothing. she was just very stoic. she did have a couple tears and she got a little red in the face. but it was nowhere near what i thought we would see. >> bill: whats watt tipping point in your opinion, monica, about the first degree murder guilty charge? why did the jury, they could have gone lesser. we discussed that. but they gave her the full monty and now she may be executed. >> you know what, bill, when they were deliberating

we were thinking oh my goodness they must be thinking about second degree or manslaughter. after all, why would they take so long to come back with this verdict. but when i heard the verdict read i don't think there was a tipping point about premeditated. i believe that they always thought premeditated. i think maybe the confusion or the disagreement might have come when they were trying to determine felony murder because when it was read, there was a split regarding felony murder. now, in reality, it doesn't matter because all 12 found first degree by premeditation. not all of them found first degree by felony murder. i think that might be. >> bill: you have to explain that to me because i don't understand that i'm sure some of the folks don't either. felony murder, what is that? >> no problem. what it is the state charged first degree murder by two ways. either premeditation or felony murder. we know what premeditation is. felony murder means that he was killed during her committing a felony. so when she stole that gun from him, if she did, or

when she was stabbing him she was committing a felony. and because he died during that felony, she can be charged with felony murder. the state charged it was two ways. >> bill: that doesn't matter. premeditated murder puts her on death row. >> that's right. >> bill: there aren't any extenuating circumstances at all. it's up to the judge now or does the jury have a say in whether she is executed? >> bill, it's the jury. they now come back tomorrow at 1:00 p.m. to start the aggravation phase. what it is the state has to prove yard that there was mental or and/or physical cruelty when she killed him. if they find that beyond a reasonable doubt, they can then impose the death penalty. >> bill: i don't understand again. obviously if she stabbed him 45 times and shot him and then did whatever else she did with him, that sounds pretty criminal cruel to me, monica. >> absolutely. in arizona, in order to get the death penalty, there

has to be just more than the killing. there has got to be some cruelty involved. and the prosecution said that when she was stabbing him, she caused him so much physical pain and he saw her doing this to him that that raises it. that aggravates it and puts it at a level that arizona will allow the death penalty. >> bill: let's backtrack a little bit. how did a man get in a position where a woman, who is not as strong as he is, was able to stab him while he stood by and watched? >> well, during the trial, the state said essentially that she must have come up and stabbed him somehow right close to the heart, which was the first fatal wound. so, as he is suffering from that stab wound, he kind of stumbles over to the sink and he is standing there bleeding. that's when she starts stabbing him in the bank and he can see her in the mirror. he stumbles away. goes down the hall. as he is falling, she comes up behind him and slits his

throat and that's when he dies. so the fact that he was in the shower naked puts anymore a very vulnerable position and once she got that first stab in. he was vulnerable for the rest of the time until she finally just killed him. >> if the jury would listen to you, or believes that the description you just gave us is accurate, they have to give her the death penalty, do they not? >> pretty much. i mean, it's right there. but, even if they find those aggravating factors and they find that it was cruel, physical, and mentally cruel to him, they don't have to say death penalty. they can say no death. and if they say no death and they find those aggravating factors, the judge will give her natural life with no parole. >> bill: and what is your prediction? >> i don't think they are going to give her death. i think they have every reason to. if they decide. but to put a woman to death, i think is very difficult for people to do.

although we have conservative juries here in maricopa county but my gut tells me it will be life. >> bill: monica as always. thanks we appreciate it one of the three men arrested for brutalizing three young girls for 10 years now charged. we'll have the latest on the cleveland kidnapping case. and then another troubling fight between a public school teacher and a student. is this an epidemic? we hope you stay tuned to those reports. the capital one cash rewards card gives you 1% cash back on all purchases, plus a 50% annual bonus. and everyone but her... no. no! no. ...likes 50% more cash. but i don't give up easy... do you want 50% more cash? yes! yes?! ♪ [ male announcer ] the capital one cash rewards card gives you 1% cash back on every purchase, plus a 50% annual bonus on the cash you earn. it's the card for people who like more cash. ♪ what's in your wallet? why? and we've hit the why phase...

>> bill: factor follow inseeing want tonight. some new developments in the cleveland kidnapping case where three girls are brutalized and held hostage for about 10 years. one just one of the three brothers arrested in the case has now been charged. here now fox news anchor bill hemmer is working the story for us. all right. now, everybody was surprised that all three weren't charged. >> i think you are right about that yeah. >> bill: it has to be because the girls, the three girls didn't implicate the other two reporter. >> one would think. when the police and fbi briefed earlier tonight. they said they wanted to move slowly with their interviews because in their experience, what these women have gone to, their stories will evolve over the next 10, 20, 30 years. four charges of kidnapping against aerial, age 52. that would include the 6-year-old child. and three counts of rape against the three women who were taken 10 to 11 years ago but nothing against

pedro 54, o'neil age 50. >> bill: but they are still being held i understand. >> they are at the moment. we will see them in court tomorrow morning. probably about 9:00 eastern time. >> bill: why will cece them in court if they are not charged? >> there will be an arraignment. there is questions about their citizenship. although they are puerto rico citizens. there is some questions about that. and that's the reason why we were told earlier tonight that they will be there tomorrow. >> bill: they have to go into court tomorrow. but, right now right now. >> i will tell you, bill, the more you learn about this, it just stuns you. >> bill: i can't imagine that two brothers don't know. >> the sun came out and said he wouldn't let me go anywhere in the house. the baseman was lock. the attic was locked. the windows were locked. the only opportunity they had to escape was monday. >> bill: in 10 years. >> in 10 years. they also said they don't

believe they were outside the house with the exception of two times in 10 years. those were brief occasions. remember we talked about last night all the neighbors said there was a naked woman on a chain in the backyard and called police? i think they were very strong in suggesting that that never happened. >> bill: i didn't buy that for a moment. now, what i'm curious about is soundproofing. i mean, you know, the guy couldn't have been in the house all the time. and when he left the house. scream or yell or break stuff? did he have that. >> it is believed that garbage bags were taped over the windows. it's believed that the women for the most part were kept in that basement about 780 square feet. >> bill: that's a big basement. >> it is. they took 200 items out of it, too. the whole house is evidence there. this is -- two things here that i think could become very important. there is a question tonight at this press conference about whether or not there was some sort of confession that was written by aerial

a couple years ago, whether that was confession or a suicide letter or a diary. it's not clear right now. we believe police have that in their hands. >> bill: is he cooperating, right? >> i'm not so sure about that. here is what i heard and you correct me. the police chief in cleveland said he had been waived his miranda rights and waived them and talking to them about the case. >> i'm told that in jail he is carrying a large smirk. that's what i'm told. >> bill: smirk? >> one more thing i want to pass along to you. in the basement they found a flier of one of the missing women. and it is being reported through police sources that that flier was attached to amanda. and that flier would have been obtained, bill, two and a half weeks ago on the 10-year an verse -- anniversary of her

disappearance. april 21st, 2013. the eyewitnesses and the family members have already come out and they have said that they saw aerial at several of these vigils. they said that he was a friend of gina dejesus' father. it's so sick and twisted. he was going to the vigils? it was likely that he was the one passing out fliers. >> bill: is he is a psychopath. last question, kidnapping is a federal offense. a federal crime. who has got jurisdiction? >> jurisdiction state of ohio. had they crossed state lines it may cross into the federal case. right now it's cuyahoga county. amanda berry is staying with her sister. she is home. gina is home with her mother and father. michelle knight, the oldest of the four in this case she is still in the hospital. and we had talked about her condition last night and apparently she was pretty roughed up and she needs more treatment than the other two. >> bill: all right, hemmer. thanks very much. we appreciate it when we come right back, how bad is

kidnapping in the u.s.a.? is it legal is investigating that. then, we have more in the benghazi story what about those congress people who don't want to know the truth? what about them?

>> bill: thanks for staying with us. i'm bill o'reilly in the is it legal segment tonight. another brutal fight between a teacher and a student. also, what is the real story about kidnapping in america? here now attorneys and fox news analyst kimberly guilfoyle and lis wiehl. we just heard hemmer. it looks like this one guy kept the three girls. these are brothers. we don't know what the situation is yet. i don't want to speculate i think there is something going on. how common. >> 411 people were kidnapped in 2012 by strangers. it's a fairly low number. below 1% of the overall 660,000 people that go missing every year.

>> most of the missing are -- >> -- runaway kids. >> parental stuff? >> exactly. >> that's part of the problem because initially when you get reports of a missing child or a missing teenager, the assumption can tend to be well was there a problem in the family? is this a teenager who is having some adjustment problems? social problems at school? they assume it's a run away. after a certain amount of time they can say it's a missing person that's frustrating for family members. >> don't know what the situation is. even though there is 411 stranger abductions. a most of the others are family things and. >> 2,000 are family. >> bill: impact of them is so tremendous. that's why the kids can't play anymore outside. play dates. molestation problem and this kind of stuff that pops up, elizabeth smart case. >> i work for the

prevention of cruelty to children focuses just on that issue about awareness and one of the mottos that she has is get smart. know who your surroundings, the people you are supposed to be with. she talked about how she was able to get through this and never stop believing and hoping that shield be rescued or found. >> the sad fact is that 87% i'm writing my newspaper column on this of children who are abducted are murdered. 87%. >> right. the parents, even though it's very low, have to be. >> the fear, absolutely. >> bill: do you know how much this has cut into our freedom here? you can't even have children go play in the neighborhood anymore? >> you have to put tracking devices on them in their cell phones and vehicles. >> bill: supposed to be a free country evil people have destroyed a lot of it. >> once you are caught and assuming that convictions go through, it's life. it's up to life. >> bill: it better be. because this is the state

of ohio thing not a federal thing. >> first 27 hours is crucial for the recovery of a child. >> bill: amber alerts help a little bit but boy oh boy. another epidemic is happening very silently not hearing a lot about it teachers assaulting students. all right? not only that they curse them out they do all this stuff. all right. so, i want to roll this tape oakland, california, go get out of here. don't hit a teacher. >> guilfoyle, how old was that kid attacking that teacher? >> 8th grade female. >> bill: about 13 or 14, right? >> you would be surprised. you would think ordinarily in classrooms like this the boys -- having been a

substitute teacher and worked in schools that have at risk juvenile offenders. >> bill: that's what this school is. >> right. >> high need situation you have a lot of disruption and the students are very distrustful of the teachers and haze the teachers that are new. the teachers don't want to leave. this school had a high turnover rate because of that. >> bill: what has happened is the because the school authorities don't have expulsion immediately. if i was teaching high school a kid cursed at me used the f word expelled. it was a private school. even in dade county where i was teaching. the public schools would move the kid out and put them in a place called opportunity school which is like a reform school. >> here is the crazy thing about this we are expelling kids from school because they pop tarts. try to make guns out of pop tarts. expelling them for that but not something like that. they wouldn't tell us whether she has been expelled. >> she is no longer at that school. >> bill: she might have been transferred over to another school. >> she is bigger than the

teacher. he had to use a desk to protect himself. i have seen kids throw desks. >> bill: this is epidemic public schools in the u.s.a. particularly in bad neighborhoods. poor neighborhoods. it's got to stop. >> we had it in stockton, california as well. you discussed it on the program. >> bill: rules. no cursing, no threatening behavior not only towards teachers but other students. ladies as always we appreciate it on deck, what should fair minded think politicians who really don't want want to know the truth about benghazi? that report moments away.

>> back of the book segment

as we said last night the benghazi story has now become a partisan situation. those who dislike president obama want the story pursued aggressively. those who support the president not so much. >> 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 accusations to smear public officials. let me be clear i am not questioning the motives of our witnesses. i'm questioning the motives of those who want to use their statements for political purposes. >> bill: joining us now from washington kate obenshain a republican strategist and kirsten powers a fox news analyst. all right, powers, there were a bunch of democrats. carol malone get a sound bite from her in a moment. nothing here they don't really want to know and you just think the behavior of the democrats today was

astonishing. they had no interest whatsoever in what the witnesses were saying. which was riveting, i think for anybody who watched it there was a lot of new information in it to elijah cummings saying i want to hear what the witnesses say i don't like the way it's going to be used. fine. ignore. put out a statement the republicans up to their old tricks. gregory hicks is not there as a republican. he was the number two person in libya and he is there telling them all this information including the fact that nobody in libya thought is was anything about a terrorist attack how was that not having to people. >> obvious that democrats on the committee are going to protect mrs. clinton and mr. obama, kate. they didn't ask any penetrating questions. their staples were rife with this is just a

witch-hunt kind of rhetoric. i want to run a carolyn malone sound by the, democratic congressman from new york. go. >> i find it truly disturbing and very unfortunate that when americans come under attack, the first thing some did in this country was attack americans. attack the military, attack the president, attack the state department attack the former senator from the great state of new york former secretary of state hillary clinton. >> bill: i don't think that was the first thing that happened after benghazi attack. that came a little bit later. you say? >> really, the disturbing part about this is the first thing that happened was the president and the secretary of state engaged -- i know you said we don't have proof about that yet but we know that they engaged in an extended political coverup. that was the reason for the questions that started coming forth when everyone in the state department

knew, everyone in the white house knew this was not a spontaneous protest, that it was a terrorist attack. and yet for weeks, even with the families of the victims standing there, the president asserted that this was the result of a hateful, video. that is the stunning part. it's stunning that the democrats are saying oh no it's a budget issue. combings said oh, death is a part of life. this is stunning stuff. and the problem is it is getting closer and closer as graham said the dam is about to break and the truth is going to come out. that's the last thing that the democrats want. they are not helping their case right now. >> powers, i think obenshain articulated what most republicans believe that it was an active coverup generated by the president and the secretary of state. do you believe that as a democrat? >> i don't know that you can prove if it was a coverup or if it was incompetence. i would say today is pointing more in the direction of a coverup in the sense that you have.

>> bill: let me challenge that. >> okay. >> bill: hicks basically said got a call from hillary clinton at 2:00 in the morning and hillary clinton didn't even ask him who did it. >> right. well, yeah. >> bill: come on. >> he said that he just assumed she knew it was terrible since it was so obvious. >> bill: doesn't matter about hicks it matters why didn't secretary of state clinton ask hicks what the hell happened? you would have,. >> nobody on the ground thought it was anything but a terrorist attack. and also in the hearing they were quoting an email that was sent by a senior state department official to libya saying that they knew that it was terrorism. >> bill: so you are making kate obenshain's point. >> yeah. that's what i'm saying. i would say up to this point. >> bill: she covered it up anyway you have to assume by extension the secretary of state talks to the president. they both knew it was terrorist attack. sent ambassador rice out to mislead the world. >> i will give you the counter.

the counter to that is that they would claim they were getting other intelligence from the intelligence niewnt saying that it was the -- i don't know if it's coverup or incompetent. >> i will give kate the last word. governmental there has been zero evidence that this was any indication that this was a spontaneous rite riot. kirsten's point is not backed up by anything in the state department. anything that any of the witnesses said today. you have to look at the fact that even three weeks later, the president and the secretary of state produced this video apologizing for american insensitivity on islam. this is part of the narrative and what happened in libya went against the narrative and they had to protect themselves. it is a coverup. >> bill: all right, ladies. thanks very much. factor tip of the day. what should we do about evil in america? the tip after these messag.

it. >> factor it of the day about each in america in a moment but first the mail. >> helen from cedar rapids. >> congress approved both campaigns and they were held accountable. and by the media you couldn't have possibly missed that. from california. >> most americans have cable, kevin. ice not hard to get the picture about benghazi if you want to. tim roe, grand rapids, michigan. >> jim, the use of guns by criminals is causing great pain

for this country. only way to discourage thugs from arming themselves is to send them a message. you will go away for a long time if you use a gun or even carry a gun illegally. most judges are solid and fair, but some are not. law-abiding americans have right to protect themselves with firearms. let's get tough with those who abuse the second amendment and make a significant dent in the gun kind problem. >> you don't seem to want to solve the problem, mandy. tough federal prison time for criminals would work. >> is it really that hot in hialeah already, george? do you actually believe i, your humble correspondent, is afraid

to speak to boudin? >> let me any what you think, will, and thanks for picking it up. if you bought it on billoreilly.com, enjoy the tote bag from the fisher house and plus a buck of what you paid goes to that fine charity. from pennsylvania. >> that's great, linda. if you buy it on the website you get lis wiehl's new book absolutely free. from illinois. >> i'm sure your mother is a patriot. 93! the factor tip of the day. my new book, keep it pithy, was

released yesterday and to promote it i went on "the view" today and really shook things up on that liberal program. an important part of "keep it pithy" deals with keep it evil in america. >> we have a problem with ten percent of our population being evil people capable of doing anything. and this is what you see and the media grasps it. here's the unintended consequence. when we were all kids, most of us, you guys were maybe a little younger, we could go out to play. my parents didn't want to see me. >> no. >> nine in the morning, see you back here at 7:30 at night. here's a snack. and i went out and i just played. >> but the country has become more evil you think? >> no, i'm saying that it's constricted our predooms. society has to put these people away forever once they are caught and convicted. we don't give them a second chance. you send a message if you molest a kid, kidnap a kid, rape, kill,

you are done. you are done. no second chance. [applause] >> factor tip of the day, embrace that concept. we will be a better nation if we all do. that's it for us tonight. please check out the fox news factor website which is different from billoreilly.com. also, we would like you to spout off about the factor. o'reilly@foxnews.com. name and town, name and town if you wish oh pin. word of the day, do not pettifog when writing to the factor. i'm bill o'reilly. please remember the spin always

>> good morning. i am heather cheryleds. >> i am patti ann browne. it is thursday may 9th. thanks for watching "fox & friends first". we begin with a fox news alert. we are following three big stories developing right now. first in cleveland. amanda berry and gina dejesus return to hugs and cheers. their captors are charged with kidnapping and rape. how they were able to keep the girls trapped so long. >> the benghazi