were s&p. they wanted to also see some new spending cuts and so we will see what we get. bill: we have to run, we will catch you in a couple minutes and our coverage continues with our colleagues at "happening now." martha: we will see tomorrow, everyone. have a great day. jon: brand-new stories and breaking news. jenna: a key hearing on benghazi already getting heated as lawmakers grill a senior state department official about why no one is being held accountable for these terror attacks the left for american individuals dead. and the suggestion that mandatory budget cuts may have had something to do with the washington navy yard and how vulnerable it was to monday's deadly rampage. with less than two weeks to go, lawmakers are getting a fearful about robot. they are still trying to

overcome. it is all "happening now." benghazi back in the spotlight today. under way in capitol hill with lawmakers asking why no one in the state department was held accountable for the deadly terror attacks at the conflict in libya. i am generally. jon: and i am jon scott. the house foreign affairs committee seeking accountability for benghazi. they are questioning the undersecretary of state patrick kennedy to explain why top officials have escaped any blame. jenna: some are calling him a star witness. lawmakers want to know who made the policy leading to what they say is substandard security at our facility in benghazi. the publicans are criticizing the official report that recommended disciplinary action against for state department employees. the attack left for americans that, as you know, including our vasser cristchris stevens.

the oversight committee will hold an additional committee on the report. it is chaired by darrell issa. he joined "america's newsroom" calling the official report deeply flawed. >> our study shows the accountability review board gave a complete task to undersecretary kennedy, who in consultation with secretary clinton made the decision to keep the benghazi facility open and was in the process with secretary clinton, of making benghazi potentially a permanent consulate is the ambassador indicated. jenna: the undersecretary says the people in 10 people were held accountable. >> for employees of the state department were relieved of their senior positions as a deputy assistant secretary of state and are no longer holding those senior positions.

i submit respectfully, mr. chairman, that accountability includes being relieved from your job and assigned it to other positions and to me, that is serious accountability speech you would have a former ambassador to the u.n. and a former contributor. why does patrick kennedy matter in all of this? >> is the undersecretary for management, he is the key link from secretary clinton down to the people who actually took the hit for what happened in benghazi bureaucratically. because those decisions about security and about opening new facilities has to run through his office. there is a distinction that we must be clear about. political accountability, bureaucratic accountability. i think kennedy's function from the state department's point of view is to try to oversee the bureaucratic accountability and

more fundamental question is that. jenna: what would accountability look like in the benghazi affair? >> the key question is why did the state department treat libya, the couplet at the gaza gates in the embassy, as if it was a country with a normal security situation. how could you have put a facility like the one in benghazi in place, given the circumstances with the terrorist training camps, the risk to american personnel. how could you have allowed to happen what happened on september 11. i think it was because of a willful and political blindness towards the continuing threat of international terrorism. i think that that unwillingness to see reality trickle down in the bureaucracy so that they were not about to approve the request for enhanced security, which would contradict the fundamental political views that everything is okay.

i think that is what congress has to expose. jenna: do you think that patrick kennedy is responsible for that? >> no, i think that secretary of state clinton is. i have served six secretary of state. but in a post like libya with enormous political consequences for the united states and high security risks, it is just impossible for me to believe that those six very different secretaries would not have been fully aware were involved in the decision about things like should we open a conflict in benghazi, and if we do, how much security will be hacked. i don't think it started with patrick kennedy. there may not be a paper trail here. there but attend there may not be this but i think this is done through personal communication and i think that it's a secretaries responsibility. jenna: we still don't know the exact reasoning behind all of

this. this sum can say that there are risks that are taken, like this one, where four people are dead. but some might say that there are bad mistakes that happen in politics. or there is a faulty policy that is behind those decisions. how do we figure out what was? >> i think we know. secretary clinton has art he said, what does it matter? one way or the other. it was clearly a policy that determined against the evidence includes that the global war on terrorism is over and there is no inherent security threat in libya. you can treat it like a quote unquote normal post. or you don't see a high-threat risk. and i think it is that determination that led to the host its ungodly and not having adequate security out there

despite the ambassador himself another saying that we cannot protect his post and it needs to be consolidated with the cia post. i think the lower-level bureaucrats were following what they knew the vibes were from the floor. he didn't want to hear about threats to security and the bureaucrats are very well attuned to what the building is thinking. that is what they carried out. they made erroneous decisions. but they were doing when i think that they believe that they thought their superiors wanted them to do. >> republicans say they they don't trust the obama administration and a report that came out as well. democrats say that the republicans are playing politics. this is the fourth hearing this committee. a master come we have a third hearing for the oversight committee tomorrow. there has been more than a dozen hearings between the house of the senate does that have involved the benghazi is the focus in some way. what breaks his impact in the battle between republicans, saying that there is something.

democrats figure this is politics. >> i think whatever you loose for americans, because of the risks worldwide to know when the appropriate lessons of what went wrong, i think this is a congressional committee, house and senate ally, they have not gotten cooperation. believe me, i am not surprised by that at all. i think that this is a process. we just have to continue to go at it, and if it means bringing patrick kennedy back, i think you'll have to do that as well. jenna: that is interesting. it questioned whether they will call hillary clinton. we will continue to watch this hearing. investor, it's great to have you as always. thank you very much. >> thank you. jon: a fox news alert. top military brass testify before house party right now. you could service that budget cuts they have left the

washington navy yard more vulnerable after the deadly shooting rampage. right now he hearing about the mandatory budget cuts, known as sequester. getting serious attention with big questions still unanswered about monday's deadly rampage. lawmakers want answers about security procedures at military facilities. all of this coming as we learn about the red flags. many were raised, including reports that police warned the navy about some serious mental problems of aaron alexis a few weeks ago and that he visited a psychiatrist twice in the last month. we are also awaiting a briefing for the defense secretary, chuck hagel, as was the chairman of the joint chiefs of staff, national security correspondent jennifer griffin is live with more. lawmakers on the hill are trying to make the link between what happened in jenin on monday at

the navy are common in the budget cuts that preceded that. is there a link? hearing was scheduled with the house armed services committee long before the attack was carried out. shortly after that attack on monday, republican lawmaker mike turner of ohio pointed to the fact that there was a pentagon ig report that came out almost simultaneously with the shooting on monday. and it was dealing with issues of security clearance and facilities of certain workers. they made mention that there were 52 convicted felons who had been given access and could be dangerous, yet they were given clearance. but the navy pushes back hard, saying that this is a different case. aaron alexis does not fall under the inspector general's report of what they were looking into.

here is jonathan greene from the chief naval operations just over to go. >> the measures that were mentioned in this report have nothing to do with budget shortfalls or sequestration itself. we don't cut budgetary corners for security. >> remember that aaron alexis past four separate security clearance exams a monster alone. that is according to his employer. that means that the defense department cleared him and he had a valid badge to get on the debates. it is not like budget cuts have less security and allow him to get into the base. he was essentially going to work that day. there would be questions as to why his mental health can rise to the level of having records taken away from them. and how government contractors are cleared for these kind of jobs. this is not a case of budget cuts that had caused weakened security at the navy yard and allow him into the facility stay

with obviously what has been the reaction there to the navy yard shooting? >> what we are waiting for right now is the first press conference, the first time that we will hear from the secretary of defense, chuck hagel, as well as the chairman of the joint chiefs. general martin dempsey. they will be asked many questions, including what has been forgotten this week and this u.s. strategy on syria. what is the military planning to do if the ability to secure chemical weapons doesn't occur. what we know is that the pentagon announced shortly after the attack at the dvr they would review security and physical aspects worldwide. they will be announcing that this morning's dual jennifer griffin, live at the pentagon. thank you. jenna: we will talk about where

the investigation stands today, what about the red flags and what they do they tell us. also, we will pay attention to this story. less than two weeks before uninsured americans will be able to shop online for a health care plan. some gop lawmakers have a new plan to delay obamacare. karl rove is here and he weighs in on that coming up next. do you heart healthy, huh?!

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republican senator ted cruz of texas pushing to defund obamacare. but some republicans are now taking a different approach trying to delay instead of defund. karl rove is the former senior adviser and deputy chief of staff. what do you think of the latest strategies? >> i think it has a much better chance of passing. twenty some democrats have articulate it, based on the fact that the president granted the year extension to businesses and said that we are not going to make you live under obamacare. but individuals have to buy december 31 of this year, by insurance or start to pay a fine. so if you look at it, if you cross-referencing, a group that helped organize, battleground states found that independent

voters oppose obamacare by about 60% and they also oppose a defunding strategy which would shut down the government. but they support a delay strategy with 50%. jon: what do you gain with a year? >> you gain a chance for continued dialogue and bad things to continue to happen. we saw with big companies. walgreens announced major changes in the health insurance coverage. ibm said that we are going to come coverage for all retirees their. ups said no that no longer are we going to provide coverage for spouses of ups workers and so we will see lots of bad news. the government itself, when it passed the bill, the cbo estimated that 3 million people would lose their employer-provided coverage employer provided coverage for in every they raise that to 8 million. the center for medicare and

medicaid at department of health and human services says it will be 14 million. so what happens when millions of people start losing their coverage next year? then we see how it is affecting employment. lots of part-time jobs and not full-time jobs because part-time workers are not covered. jon: some are secretly hoping for a government shutdown, we have heard, because they are convinced that republicans will get the blame on us. >> and is not a secret. he is openly saying mess and has been saying this for the last several months. he wants a shutdown because he understands that this is one thing that can wrest this way. independent voters that voted 56% in 2010 after voting for democrats in 2008 and 57%, what he wants to do is bring those independents back into the democratic column. it would be even worse this time

than in 1995. because back then we had a shutdown, most of the government was funded in the past seven of the 13 appropriations bills. so most of the government was funded in the 21 days of the government was shut down, most other agencies could continue to operate with existing money. this time we began the fiscal year without a single one of the 12 appropriations bills passed, which means the first week of october, not a single federal employee gets paid starting with the military. >> let's assume that this moves forward to not be fun. what is the likelihood of actually passing the senate? bill passed the house, but in the senate, there are enough democrats and some of them are getting hammered by their constituents. saying that this is not fair. you are given an extension. >> that's why has a good chance of passing. the president said if your corporate america, i will give you a pass for year, but if you are an individual, you are stuck to pay insurance or pay a fine.

so i think if you get 20 odd democrats in the house voting for the measure before the president grant a delay for the corporations come i think he will that you will likely have much better chance of getting democrats in the senate and the narrative changes. right now the narrative is that republicans are fighting each other. you get the democrats supporting this, democrats and republicans alike think the president is making a mistake. jon: "the wall street journal" online. thank you, karl rove. speak to another live event happening right now at the pentagon. we will show that to you as soon as we can pop it up. secretary of defense chuck hagel speaking. a little bit about the navy yard shooting on monday. a lot of big issues before the defense department. the questions about funding, whether or not it is expected to affect security at the navy yard and also that talks about syria.

german martin dempsey and the joint chiefs of staff there. also, the mental stability of the suspect in monday's deadly rampage in washington. questions over why this man's well-documented health problems were not taken into consideration for clearance. we will have that next

jon: defense secretary chuck hagel on the left side of your screen. next to him is the chairman of the joint chiefs, general martin dempsey, talking about the navy yard shooting on monday. they are essentially saying that we cannot talk too much about it because it's an ongoing investigation. let's take a listen. >> in the specific areas of your questions. i would leave that to the review. there are many questions that are going to be asked and need to be asked and the intensity

has to work with every asset. the physical premises, the security clearance, standards of that security clearance, are they strong enough, why did we do certain things the way that we do. we need some answers. and we will find those answers. >> i would just add to what the secretary said. in terms of what we have said and some of those earlier instances, the early indications actually contributed to a less horrific outcome. they were alert notices and coordination with other agencies of government. training for employees and law enforcement on active shooter scenarios. some of the things that we did as a result of those earlier incidents, we believe actually reap the benefits we intended.

the clearance is one that i think we very clearly have to take another look at and the secretary has directed us to do so. >> do you believe that the security clearance procedure and investigations are not rigorous enough or that for the lower level of security of the content security clearances come in the ten-year timeframe may be too long, and again, a question for you. a question on syria. you have expressed concerns about the difficulties of securing chemical weapons sites in syria. even in a non-hostile environment. if they could open up their sites normally to inspection by the seizure by the end of this week or at any time frame. just how difficult would that be. do you think it is possible to secure those weapons during a civil war? >> well, on your question --

jon: clearly they have turned the corner and they are talking about syria. but earlier they were addressing monday's terrible shooting at naval yard in washington dc. really saying that we are not want to prejudge this yet. we will let the investigation move forward. there is new information this morning on the serious questions that were raised on aaron alexis. we are learning that the man killed 12 people and he had a well-documented history of mental instability. please alerted naval authority about a bizarre encounter with him. six weeks ago alexis claimed that he was hearing voices and being followed. we also know that he visited a psychiatrist twice in the last month. and now new concerns about why all of these concerns didn't affect his clearance.

we have a guess that is a senior fellow at the george washington university. it was in rhode island, a sergeant and picked up the telephone, and he called at naval station police and said, this guy is hearing voices. he said microwave -- he says that he can hear people through the microphone microwave and then he managed to keep his security clearance. >> obviously with what happened in seattle and earlier, weapons were involved. you have all the indications that this is a real problem. the question is when that report gets written up, who is looking at and what are they doing with it and what system is in place? fly, let's look at this guy's clearance and access right now. >> they had several weeks to do it. it was several weeks ago that the phone call was made.

criminal record relating to gun violence, and he gained and kept his security clearance. here's how "the new york times" put it. time and again, his behavior fell below a level that would've brought a serious response, like a less than honorable discharge or involuntary commitment to a mental institution. experts and officials said. it does suggest a systemic problem, a flawed system that needs to be desperately corrected? >> here is a guy, honestly different situation in terms of this, but it raises the coat and 10 question of what is the criteria that we use for these individuals that work in these facilities. and then there are millions of people to have clearances. so are there other people out there as well? >> okay, so how many other people out there could possibly

have the situation and what are we prepared to do about it? >> the other point is, if someone was asking me about this. does it require an adjudication to red flag, and the answer is that in a lot of states it does. simply eking treatment is not enough. you can still get your hands on a weapon in virginia. >> remember a security clearance is not right. it is the most subjective thing that the government can get. at any time it can be revoked based on the information you have received. no property rights associated with a security clearance. and all of these indications that have been here, bring the diane, does he still need to clearance. we want good to see you speak to a lot of big headlines today we have some good news for our economy as well.

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stay on a busy day on capitol hill. we are watching several key hearings right now. fireworks as lawmakers grilled state department undersecretary patrick kennedy about why higher

ups were left off the hook. and the impact of the mandatory budget cuts, a scheduled hearing coming amid new suggestions ahead of monday's deadly rampage in washington. and states are airing their problems with obamacare. they have less than two weeks to go before it kicks in. many are still having trouble getting things off the ground. a hearing on the obama administration's policies on climate change is also underway. coming on the heels of the new report suggesting that global warming claims have been exaggerated. >> a lot of topics there. a busy day in washington and a big day on wall street with a lot of us live. the dow has been a little bit lower as we have moved throughout the morning trading. what everyone's waiting for is word from the federal reserve on their stimulus efforts and how that might affect our interest rates. the fed will release a statement

this afternoon and just a few hours. for more on all of this, we are joined by the chief economic correspondent for "the wall street journal." thank you for coming today. >> and depravity. >> this is a very big event for investors and for anyone who borrows money on mortgages, credit cards, auto loans. the fed is talking about going back on a bond buying program that they do, $85 million per month. it has pushed long-term interest rates. the bottom line for anyone looking at this is that there are mortgage rates that you saw a few months ago around 3%. that's a thing of the past. the fed is starting to pull back on us. jenna: why are they making that decision? >> it's a complicated call. the job market has gotten little bit better, so they don't need

to be pumping all this money into the economy. but it's not like the economy is up and running. so they are actually very cautious and worried about doing this. i think one of the messages that we will get from the fed is that they will be tentative about it. while long-term rates have gone low as they are going to go, they were probably not stay that way. we will not have to wait at the rate will go up to six or 7%. it's probably going to stay at these levels and just not as well as it was. >> it sounds great to consumers if you say, okay, maybe i can make that kind of investment. but what is the risk keeping these rates so low for so long? >> that is another challenge that the fed faces and one of the reasons why people in the room are arguing that the fed should get out of all of us. by pumping this money into the economy, $85 billion per month, keeping interest rates so low, it could be one of two things.

it could cause inflation down the road. we have had inflation before. or it could cause other financial bubbles and that is what caused these problems in 2006 in 2007. we had a housing bubble. an earlier in the 19 '90s we had a tech stock bubble. if it overstimulate, they could cause a new bubble. jenna: just the mention of it can make you nervous. >> yet investors love it and they want more every time that they talk about it. so they would have a very hard on. jenna: investors are also the ones that have to deal with this. so why do investors like some of what they are hearing so far. and what kind of bubble are we talking about in regards to another bubble? >> that is good question. a lot has happened in places like china where they have had the housing boom in the last

couple of years that we had five years ago. a lot of this money is flowing offshore. that could be an issue. also some exotic instruments. and the government is borrowing a lot of money right now. the federal government at very low rates. there is an argument that the government is borrowing rates too low and too much in the process in last year's itself speak to what we are going through. jenna: what do we see a lot is the stock market. but i understand what is going on over the last six to 12 months has caused a lot of concern inside of the banking industry. can you explain to our viewers why that matters? >> it matters if it gets overdone again as it did in 2007 and 2008. we don't want banks failing. when they start collapsing, it

causes problems for everybody. we have learned that lesson all too well in 2008. so we want a stable banking system. if they make too many bad investments with those exotic instruments, we could have problems again. but i have to say that the rates, because they have started to go back up again ,-com,-com ma some of them have seeped out and frankly i think what the fed wants to do today is get out of that meeting and then just kind of hyper little while. [laughter] congress and obama, i think it's time for them to take center stage on the budget debate. i think ben bernanke will be happy to just kind of step aside and let them have their own place. jenna: we will see what happens. i don't know if they will be allowed to go hide, no matter how much they feel that they would like to. [laughter] >> there is no place to hide when you have $4 trillion on the balance sheet. jenna: absolutely, great to see you. jon: multiple fatalities as a bus collides with a passenger

train at the height of the morning rush hour. what the witnesses saw. and why physical fitness is important for kids in school. kids can even get some exercise outside of their studios and new york city on this beautiful day.

jon: new next hour, a race against time in colorado to save hundreds trapped by deadly flooding. we are live with today's rescue efforts. and a man that confessed that he killed another man in a drunk driving crash in a post on youtube. new details are coming out. and a commercial cargo krater heading to the international space station what it means for

nasa. jenna: big stories for families across this country as all programs are considering to cut physical education programs. there is a new study out. a brand-new study that really has many implications. cutting the programs could be harmful to our children not just because of weight, the researchers found that physical activity may actually make your kids better students, which is an interesting connection. we have the director of the center for conference of medicine. >> yes, i had some few minutes with what it applies to. the groups look at 12,000 kids in nebraskans have a direct connection between activity and how well your kids perform in school. what is that connection and why is there one? >> there have been a number of

studies that have pointed to this particular benefit from exercise. we know that exercise benefits lower blood pressure, reduces your risk of cancer, improves your metabolism. we know does all of those fantastic things. but these studies have actually shown that exercise improves a child's ability to retain information. what is so significant, particularly in one case, a study published in may, 10 minutes of physical exercise improves a child's attention of math and english dramatically. another study said 12,000 students actually showed significant improvements in terms of their ability to learn. a final sunday that study that his most recent shows that when children were separated into two groups, their ability to retain information significantly improved when they had the best physical fitness. jenna: and they have to do this before they went to their studies, it was something that was directly ahead of this

information. >> yes, and we know that if you exercise immediately before you are asked to retain specific information, your instant recall is better and we know that children are more physically fit to form better overall health. >> maybe i can jump on such make sure that i'm ready to go as well. it's interesting to note that students who are overweight and had activity were in the category of the students to perform better. by looking at kids he would not necessarily know that kid looks that, they will perform better in school. >> that's right, children that were fit to have better recall than those that were thinner that did not have physically fit traits. it is a significant amount of improvement in terms of how this is working. >> does it indicate how much physical activity the child

needed? >> what we are really looking at, again, each of the studies shows significant and long-term benefits. but the long-term benefits, if you have about an hour of physical exercise per day, this is typically what we want our kids to do. we have something that is going to improve a child's learning. maybe the most significant factor in improving their learning. and that is being cut. in addition to some of the things we know about nutrition, physical fitness is part of that. >> very interesting study. it's great to have you here. >> we are getting information on the deadly collision between a train and a city bus in canada. five people were killed and it happened during the morning rush hour at a railroad crossing. photos show the front end of a

double-decker bus ripped off. witnesses say that the crossing barrier was down at the time and it appeared that the bus drove right through it. and new report on climate change raising doubts about global warming. we will have a live report coming up. and republicans looking for answers on benghazi. showing the senior state department staff and officials were let off the hook. we will have that next. well, there's hannah, maddie, jen, sara m., sara b., sa -- whoa, whoa. hold on. (under his breath) here it comes... we can't forget about your older sister! thank you, thank you, thank you! seriously? what? i get 2x the thankyou points on each ticket. can i come? yep. the citi thankyou preferred card. now earn 2x the points on entertainment and dining out, with no annual fee. to apply, go to citi.com/thankyoucards this is the creamy chicken corn chowder.

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jon: a house hearing underway in washington dc on the administration's climate change policies and activities. this comes on the heels of a new report raising skepticism about climate change. suggesting that global warming claims have been exaggerated.

live in washington with more, what can you tell us about the u.n. report, as i understanunderstan d it, it was kind of leaked in advance? >> yes, the u.n. report comes out later this month in portions of it have been leaked. according to those leads the panel has found that there are some elevated co2 levels and it is believed that the u.n. panel will acknowledge that surface temperatures have remained stable for the last 15 years or so. but that is not what the house energy and commerce panel has heard from epa administrator deana mccarthy. >> the evidence is overwhelming and the science is clear. climate change is real and urgent in the basic science behind climate change is simple. carbon dioxide is committing more of it into the atmosphere at a rate that has long been understood to have a material and punitive impact on a scale measured in decades and not

centuries. >> if you contrast that with the pew research findings that was just released today by the nongovernmental conclusions they draw from the scientific evidence. is it that the global climate signal is so small that it has to be embedded within the background and very ability and is not dangerous. that study, which included research from literally hundreds of scholars, has no formal attachment to any government or governmental agency. >> what can you tell us about this one morning's hearing that has been going on? >> they are confronting an epa administrator and also the secretary of energy on all of these issues. this is one of the important questions of the committee chairman asked us this morning about the president's proposal, which he illustrated back in june at georgetown about a climate action plan. here's what one chairman asked

the administrator. >> so we are focused on how we want to know more about the plan. will contribute to higher energy costs? isn't going to raise unemployment rates? will it create obstacles to economic growth? will it have an impact on our ability to compete in the global marketplace? jon: answers from the two witnesses in short supply. the administration is moving ahead with its energy policy and even as the evidence of global warming is coming under increased scrutiny. speak to a jury selection is under way right now in florida. in the murder trial of a woman who became famous for having hiccups. the 22-year-old is now accused in her coworkers that. our legal panel talks about how this case could play out.

also more than 24 hours later, the search is still on for this missing georgia teenager. the young girl was kidnapped during a violent home invasion. what her abductors are now demanding. we have new information at the top of the hour

>> could afternoon here on the east coast. developing stories on fox news for you. a key state department witness testifies as lawmakers want to know why nobody was held accountable for the deadly terrorist attack. crisis in colorado. the flooding disaster as the focus shifts from emergency airliftairlift recovery with the not out of the woods yet, neither is another state and all of this as well. what today's big announcement could mean for your 401(k), mortgage rates and the stock market coming up on "happening now." breaking developments and news stories this hour.

>> to former defense secretary's under president obama finding common ground on the crisis in syria. they say commander in chief. the young woman made famous for having uncontrollable hiccups is now going on trial for murder. the defense team strategy to try and get her off the hook. middle of the night by two strangers be it we will talk to to strangers involved in the desperate search to find her. all "happening now." ♪ back to our top story. the star witness at the benghazi hearing as congress tries to get the bottom of who at the department of state made the botched call on security before the deadly terror attack. welcome to our second hour of "happening now." jenna: were going to go to capitol hill where the hearing

comes on the heels of the accountability review board report. which listing the state department staff off the hook in benghazi. that is what republicans allege. now lawmakers are grilling patrick kennedy, undersecretary for management at benghazi. who is behind what eventually became a death trap for americans in 9/11 not to have security. the decision coupled with the substandard security seemed to pave the way for the terrorist to murder for americans. ambassador john stevens and others. we're live in washington with more on this. catch us up to speed of the hearings going on for two hours now. what is the latest? >> jenna, good afternoon. time a senior department

official patrick kennedy the four employees reassigned were never punish the way most americans think of accountability. they never missed a paycheck and the state department simply shuffled the deck chair. >> at the end of the day no one is held accountable. >> i submit respectfully accountability includes being relieved from your job and assigned to other positions. to me that is serious accountability. >> the reassignment, nobody missed a paycheck. no one has been held accountab accountable. the board did not take this to the upper levels of management. >> the decision to temporarily relieve and reinstate these four state department officials amounted to what they call the potomac two-step virginia managers are blamed as policy

are let off the hook. >> people at a lower level take the hit while other people should have been in the know walk and are not even interviewed. how do you respond to that? they are not even interviewed. that is appalling. >> interviewed by this state department panel, he was never questioned. those who led the independent panel or so-called independent panel did so because they found the blame rested a much lower level. jenna: what is kennedy's defense? >> kennedy's defense throughout the morning, he says nearly every physical security request was met when they got >> except for one request which i will touch on in a second, all the requests that were filed by our embassy on behalf of the mission facility in benghazi

were met. >> and so the terrac terrace ovn the facility on september 11 and what kennedy did not mention as he was a senior state department official who signed off in the benghazi operation with substandard security in an action memo in december, nine months before the attack. democrats complain this morning's hearing should be focused on preventing the next benghazi. they argue cannot do that until you affix blame at the proper level. one more headline as i was sitting down to do this live report. kennedy succeeded in that the security in benghazi was not up to standards and the described physical standards of the state department had laid out was simply a hole in benghazi they were trying to meet. it would never meet what is considered a general guideline,

the prescribed standards for the department. jenna: the person that would enforce those standards is patrick kennedy or somebody else? >> the chain of commands is patrick kennedy finds the memo that says we will be in benghazi on an ongoing basis and we will try to improve things. in december of 2011. former diplomats have told fox news and commission testimony shows this had to go upstairs to clinton because kennedy did not set policy. the people below him who enforced the policy. the people below him were disciplined, not kennedy. jenna: thank you. we will have more of where this goes from here. a g.o.p. lawmaker, very active seeking out the deadly terrorist attacks which tomorrow will have his committee holding a hearing.

he will join us giving us his take on the action on capitol hill. we'll ask about accountability and former secretary of state hillary clinton whether or not he thinks she should revisit the hill. gregg: want to move forward to the navy yard investigation. a huge red flag ignored before the massacre on monday raising alarm bells. the latest police in rhode island are saying that alexis was hearing voices, being followed, strange behavior. they did have this information and pass it on to the navy. nevertheless he still managed to get a valid security clearance, access to the heavily guarded facility. peter with more. >> after aaron alexis told police in rhode island last month three people were using a microwave machine to keep him

away and they were stalking him and sending vibrations through his body the police contacted and on duty naval station officer and told them what was going on but nothing happened. so aaron alexis came to d.c. on august 25 starting a new contract at the time of monday's massacre. the it company who had him on the payroll said he had a background check this summer. we enlisted a service to perform to background checks and we confirmed twice through the department of defense secret clearance. the latest background check and security conference confirmation in late june of 2013 and revealed no issues other than one minor traffic violation. alexis first got the clearance in '08 despite his checkered past because he was never convicted of anything. also how he pass a background check saturday when he bought a gun in virginia.

on monday as the navy yard in d.c. was under siege, we saw police helicopters performing daring rescues from the rooftops and they told me one of the first things they did when they got here was pick up a metr meto canine officer with no ideation that had to leave his dog behind because the police needed the radio helping them coordinate medic poised operations on the roof sheltering a badly injured colleague. the first thing the injured woman did when she got up to the chopper was "thank you." >> incredibly brave. i cannot imagine being through what she had just gone through and being so composed myself. >> in this scenario the most reasonable thing to get her out of that area. so we flew out of the area with her hanging on the outside of the aircraft. >> it is amazing.

the crew told me hovering is one of the most difficult things they ever do in any conditions but a member on monday it was raining so they were doing all those rescues with the windshield wipers on a helicopter going. all the while worried a gunman might stick the barrel of a gun out the window take a shot that could knock them out of the sky. gregg: what the relics. >> they obviously have every right to their opinions on every issue. and if they feel it appropriate, they have every right to express those feelings. obviously i don't agree with their perspectives. jenna: defense secretary chuck hagel is reacting a few moments ago to some new comments on the crisis in syria from president obama's first two defense secretary's. this during a news conference

just held with the joint chiefs chairman. what the reaction is to what these two gentlemen had to say. criticizing the commander-in-chief decision to get congressional approval for a strike against assad forces. he said he would not have advised the president to get lawmakers okay for military action saying this congress has a hard time agreeing what time of day it is. that is the explanation for why he would not go. also echoed that sentiment. he said if you say it, you have to do it without congress. both of these individuals are skeptical. they have him hand over his stockpile of chemical weapons. joining is now retired the tenant colonel, fox news military analyst.

what are we to make of all of this? >> this is almost unprecedented to have senior members like this not only secretaries of defense with records at the cia, so their perspective of leadership to the highest levels of government is at odds with what seems to be coming out of this white house right now. i can't remember any time that filformer senior officials of te current administration speaking about their commander in chief. i can't remember any time that level has come out and spoken out against him, his policies and what is going out as these two rather distinguished and esteemed gentlemen did. jenna: this issue about force is surfacing again. the resolution that has been created of removing chemical weapons from syria seems to be the plan. meditate and france want to

include military action that resolution. russia does not. what do you think is best for us? >> russia will prevail. when we are all done we will probably have some kind of resolution that will say he has to remove his weapons and there will be all kinds of things associated with that. if he doesn't, oh well. we will not get u.n. agreement on all of this. we kind of handed over what is going on in syria to the russians and at the end of the day assad is still going to be there. i don't think anybody really wants to run strikes in syria, but when our president speaking for all americans draws a redline and the rest of the world is looking at it and waiting for something we kind of let the redline disappear or move or whatever. if we cannot at least get those words in the resolutions, we have failed one more time.

jenna: it is something the president has referred to and so has secretary kerry that diplomacy is working in a limited way that it is. what about the message that sends to the rest of the world? are threats taken seriously? >> i don't think they are. i am in the middle east several times. the middle east looks at us and says you guys abandoned iraq after all the sacrifices, look at what you have done in egypt. i don't think too many people worry very much about the u.s. or the u.s. resolve to do anything. if you look again at the end of the day assad will still be in power. all the resistance forces, all those opposing assad who have sacrificed and fought in the belief we will help them at some point we'll have a lot of disappointment, we know that already. they could not believe what happened to them, how we could somewhat outré them.

at the end of the day assad will probably be in power, resistance will begin falling apart over there and we will end up in a bad situation. not a good situation. jenna: thank you. we will be right back.

gregg: we are getting some breaking details now out of colorado where there seems to be no end in sight to the crisis that is gripping the state. now crews are announcing a new shift in the recovery efforts in hopes of locating hundreds of people still unaccounted for this hour. life on the ground in evans colorado with more. >> u.s. senator of colorado says the damage to this state is going to cost upwards of a two half a billion dollars if you can believe that and you might by taking a look out there, this is just one neighborhood that has been blocked off from all

the damage caused by the flooding. the waters ran over and actually flowing over this road area here. you can see it left behind the down power lines, very dangerous. we have had investors checking out the area, things are looking better than i thought they wou would, still flowing water to contend with at this point. they are still working on that. the standing water is a big problem. there is still sewage, chemicals and on top of it a lot of mosquitoes transported the west nile virus. until it freezes, this will be a big problem. folks are told if they had gardens and the water flows over their garden they have to throw away all of the food in that area. gregg: live in colorado with the latest. thank you. jenna: here's what is happening in northern california.

high when responsible for creating this phenomenon. a dust devil appearing out of nowhere. witnesses say it started out small and shot sand in the sky. they're usually harmless, forming from hot air near the surface rising to the pocket of cooler air. it is a little bit scary. something that exists in nature. gregg: you may remember national headlines a few years ago, her battle with a rare medical condition causing uncontrollable hiccups. remember her? she is facing life behind bars now for a brutal murder. plus, he dramatically confessed to a deadly dui crash. he did it on youtube in a 22-year-old is in court today.

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gregg: the high profile first supreme murder trial of jennifer, known for several national tv appearances of the teenager because of her uncontrollable hiccups. the college is performing and last-minute competency evaluation on the 22-year-old after her attorney told the court he recently discovered his client was schizophrenic. facing life behind bars if convicted for her role in the death of a walmart worker back in 2010. the issue if mee was a bystander or the maste mastermind behind e

plot. a former prosecutor. let me begin with you. this evaluation is not to the issue of sanity or insanity, but whether she is even competent to stand trial, right? >> right. they are trying to evaluate if she understands what is going on in court, if she can assist her attorney and asked the judge's questions and participate in the criminal process. it has nothing to do with her sanity at the time of the offense and if she is guilty, simply has to do with how she is dealing right now and if she can comprehend what is going on. gregg: if she can put a sentence together and understand the charges against her she can move forward and then the question of insanity. maybe some form of diminished capacity or temporary insanity based on not just schizophrenia but tourette's syndrome. what do you think of that?

speak other going for more than anything sympathy. she is a young woman and does not have a criminal record. she was not the trigger person in this homicide, she was merely there and made bad choices by essentially littering the person to where the crime was committed. they will get all the other issues off her diagnoses and more of a sympathy factor trying to hope that has an impact on the jury. gregg: what about this argument. yes, i lured the victim to the house but only to buy marijuana. i had no idea there would be a robbery and the end result would be his death. >> that is the argument she has to make in this kind of a case. we prosecute these cases as you are acting in concert. you had a part, you played a role, therefore you are equally responsible, the law does proportion guilt.

her best defense in a case like this is to argue i was merely present. the jurors will get an instruction of her being merely present they are not capable of being committing this crime. gregg: is that going to fly? >> i do not think it is going to fly. they have to get them to testify. remaining codefendants who has had gone to trial yet is her ex-boyfriend. it'll be interesting if he sticks by her or flips and turns on her. they have a felony murder law. if she was guilty of a felony, she is guilty of what happened as a result of that law, which is the murder. gregg: good to see you both. >> thank you. jenna: another sensational legal case w you're following today. the man who pleaded guilty this morning to aggravated vehicular homicide. and operating a motor vehicle while under the influence. you remember this story.

he posted a controversial confession on youtube about his actions. mike has a very latest. reporter: most of the time spent in court questioning matthew making sure he understood the rights he was giving up by pleading guilty. the right to a trial, the right to an appeal. he gave short answers, all of them to the affirmative. they only asked for permission to do an interview from jail. >> he promoted his video will reach people around the world, raise awareness of drinking and driving. more importantly to apologize. >> he told the judge he did not remember if anybody had tried to stop him from driving on jun june 22. in fact is that he was so drunk he doesn't remember anything. the charges are activated the figure homicide and one count of driving while intoxicated. cordle will remain in jail until

sentencing and will not post bond. jenna: thank you very much. gregg: an major hearing underwan capitol hill of the terrorist attack that claimed the lives of four americans in benghazi. the department of state left the conflict vulnerable. one lawmaker looking for answers will be joining us next. house republicans unveiling a new strategy to delay the obamacare rollout without a government shutdown. they are demanding to keep washington up. plus, we are awaiting a key from the federal reserve fighting everything from mortgage to your 401(k). live report just ahead. how mu protein

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gregg: a lot going on across the country today. a hearing on benghazi and who is really to blame? the star witness patrick kennedy just admitting security in benghazi was substandard. moments from now reaction from another lawmaker on a committee trying to get some answers. plus a teenager kidnapped during a harrowing home invasion in georgia. now reports of a ransom request it coming up police involved in the desperate search for the

latest on this bizarre case. and the flooding crisis in colorado just got an update as the efforts shift toward recovery now. damage to the roads and bridges could reach a staggering half a billion dollars. jenna: we will be returning to our top story, the benghazi hearing on capitol hill undersecretary patrick kennedy testifies today. tomorrow the panel he sits on house committee on government and oversight reform will hold hearings of its own on the matters so we have pictures from the foreign affairs committee and live pictures from house oversight committee tomorrow. come his men, nice to have you this will be your third hearing, what is the goal tomorrow? >> is to test and probe the independence of the accountability review board. keep in mind the fact that you also see accountability and review board doesn't mean it is

accountable when they conducted much review. so we will have the cochairman of this accountability review board and i will ask them which witnesses they talk to and most importantly which witnesses did you not talk to because i don't think they interviewed secretary clinton. if you don't interview her, how can you ask are you aware of the security breaches leading up to benghazi, did you prove the facility staying open despite those terrorist attacks? they didn't interview susan rice. how will we know the origin of those were. they did not interview the commander in chief. how will we know whether or not he called any of our allies in the region while it is going on and say can you help us. jenna: there are some questions today u are for the lawmakers le yourself will call the former secretary of state back to the hill to testify. will you do that, sir?

>> i would love to do that. my pay grade is not high enough to be able to make that decision. but as a prosecutor, i would love to subpoena secretary clinton, secretary rice. gregg: what is holding you back from doing that? your pay grade. what is the obstacle to getting those leaders back on the hill and asked the questions you want answered? >> the next time you have a committee chairman and member of house leadership on your show, i would encourage you to ask that question. jenna: are you asking them that? >> yes ma'am. there is work being done aside from the depositions being paid, there is some merit to doing all the other plenary investigations before you: the three central witnesses. it has been a year. just today patrick kennedy telling us what we should have known a year ago at the security is inadequate at benghazi.

i have never had an opportunity to do so, i would like to submit my questions ahead of time. the reality is she is dishing her role as commander-in-chief and has not answer the questions of benghazi. jenna: do you think patrick kennedy should resign? >> he probably will not take employment advice from me. i have been in a classified judiciary briefing this morning so i have not watched this testimony. i know he was a career diplomat so he makes his living saying a lot of words and saying nothing. we'll find out today as they take that same approach but i will have very short, specific, precise questions. i want you to keep this in mind.

what did hillary clinton's a body count ability of the review board? it would answer everything. the first time she repeated it so i will want you to watch and at the conclusion of that hearing you ask yourself do you know everything about benghazi? the president said they would look at every element of benghazi, so ask yourself tomorrow after a year have analyzed every element of benghazi? jenna: you are giving us a lot of homework to do. there are some big questions and we appreciate you joining us and continue to talk about it. we would love to have you back and point well taken about kennedy and his testimony today. there was some reports about lawmakers asking for his resignation to want to get on the record with you about it. we heard from the countless men that he put forward a resolution on the house floor on friday

that would fund the government, but the fund obamacare. the "washington post" did a report that said last night there were 40 conservatives who revolted against john boehner and forced this to happen in a historic way. were you one of the 40? >> i'm not sure it happened, i was celebrating tim scott's birthday last night. but there were a group of conservatives within the conference would like to push a little harder. it is a wildly unpopular law. if the president can turn certain aspects of it, why can't we? i think this palace that some would like to conjure probably didn't happen. jenna: are you willin going to t down the government over obamacare? >> i hope not. we're only talking 40% of obamacare. is he willing to shut down

government so he can continue to fund something wildly unpopular and not working. that is the question i would ask him. jenna: i will give you the job of looking because you've asked me to book the house leadership, the president. it is nice to have you on the program, we will work on that. thank you. >> thank you. gregg: breaking news on the search for a teenager kidnapped from her home. what investigators are telling us now. [ male announcer ] julia child became a famous chef at age 51.

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jenna: incredible surveillance videos to show you now coming from dayton, ohio. join the suspect jumping out of a moving police cruiser. and there he goes. the 42-year-old being taken in on a burglary charge managed to unlock the door through the window left open thankfully he did not get very far. took him into custody.

if you are on your way to get book. gregg: fox news alert happen right now. the desperate search for a girl believed kidnapped from her home. over moments ago we learned georgia police say they have found 14-year-old alive, she was apparently abducted by two men in a brutal home invasion tuesday after her mom told the armed intruders they had no money, no jewelry. they abducted the girl and police say they are transporting her to the hospital right now. no word on whether the kidnappers have been found. word over the last several hours the kidnappers had gotten in contact with the family and or authorities and demanded a ransom of $10,000.

a little odd. there is no indication this family is financially wealthy. these are the two men believed to have been the abductors. rather small amount of money, but nevertheless she has been found alive transported to a local hospital so that is good news indeed. it seems like a random crime because authorities are saying the family did not know these intruders. jenna: i was going to ask you about that. we had an interview set up on this and as we got the breaking news were able to to secure that because things are changing and the details are little sparse right now although we have the headline that the little girl has been found alive taken to a local hospital as gregg mentioned. we have no kind of notice why they would target this house? gregg: i will quote authorities,

it is not appear that they knew each other. the family just moved in about a month ago. the girl was last seen taken in a gray dodge and police were looking for that vehicle and the two men. we put their faces on the screen. we have no idea whether or not authorities have detained or seized these two men believed to be the kidnappers. jenna: we will continue to watch for that. in the meantime we will get back to the new testimony on benghazi. a critical hearing taking place on capitol hill. coming up, details on why a decision to take action that might was not made sooner. and the first ever private spacecraft is launched into space. we have all the details on its mission next.

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>> four, three, two, one. launch. we have ignition. we have lift off. >> and we have lift off. jenna: that is a look at the first launch to the space station for one private company. >> space history truly being made as we speak today as space x not only the only game in town and it comes to private american commercial spaceflight companies launching up to the space station. two hours ago from virginia, virginia-based orbital sciences

blasted its way to a major milestone. the weather allowed for a picture-perfect launch after a bleak separation of the first and second rocket stages. the cargo ship is orbiting earth with solar arrays deployed to the space station. >> this is another historic day for commercial spaceflight. a very proud day for nasa. an amazing accomplishment for our partner. congratulations to the entire team. you have operated flawlessly. the teams came together beautifully today for a picture-perfect launch. >> they have a four-day trajectory to reach the space station. these are very critical days as able conduct several demonstrations to prove its capability to hold gps

navigation works. the ship is often called the beer can for its shape bringing supplies like clothing, food, spare parts and scientific experiments and watching it all in houston at the space center this morning a group of very scientific school kids from texas all of whom have experimented on board the cargo ship full player hoping everythg goes perfectly. >> it is a new vehicle, you have to expect something could go wrong and you have to be ready for all scenarios. >> that is space station resident pointing out or clarifying reminding us all this is a test mission for orbital sciences. first ever attempt to get up to the space station. if everything goes well not only will her husband on the ground

venture up some chocolate to share, but the robotic arm sunday morning eastern time if everything goes perfectly will grab and bring it into the harmony node and that would become the second american post space shuttle private spacecraft to deliver the space station. jenna: fascinating. i loved her hair. >> very similar. jenna: thank you very much. gregg: a couple of flyaway's. let's check the market right now. the dow jones industrial average down 41 points as investors waiting to hear from the federal reserve this afternoon on the fate of the big central bank central bond buying program. the decision affecting interest rates on everything from credit cards mortgages and car payments and your 401(k) and even more.

fox business network nicole petallides live on the floor of the new york stock exchange. >> high, gregg and jenna. the market coming back a little bit. everybody is awaiting the 2:00 p.m. time when we hear the fed statement. followed by ben bernanke who will have a press conference. the big deal is what will the fed do. they have been purchasing $85 billion in an asset purchase program buying treasuries and mortgage-backed securities. in the meantime we have seen the 10-year bond running up to 3%. you may remember 1.8% earlier this year. a couple of things going on pertaining to the fed. what will they taper, how will they do it in one thing they may do is actually decide they're going to taper treasuries on the mortgage-backed securities. that will keep the treasury yields down and that is good news for mortgages and credit cards and all those rates we

pay. the second part is who is going to be our next fed head. larry summers who seems to be the front-runner recently threw his name, we're looking closely at treasury secretary larry summers stepping down. janet yellen as the front purse at this point. another name in the ring and tim geithner has made it known he is not interested in the role. there's a lot going on at the fed. four wall street it is a big deal for your home as well. gregg: they are like dad, can we talk about movies or something? i tried. nicole petallides, thanks.

at dinner we try to tackle tough subjects in that one came up. jenna: i give you credit trying to do it. gregg: i did not do a good job. jenna: i am sure they got it just fine. we are life in capitol hill as lawmakers try to find out why no one has been held accountable for the terror attacks. next. e lady of the house back on her feet. [ all gasp ] oj, veggies you're cool. mayo? corn dogs? you are so outta here! aah! 'cause i'm re-workin' the menu, keeping her healthy and you on your toes. [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. i see you, cupcake! uh-oh! [ bottle ] the number one doctor recommended brand. ensure®. nutrition in charge™.

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there's no obligation. one reverse mortgage is a quicken loans company. their licensed experts can answer all your questions. call to find out what a great solution this can be. don't wait, call now! >> it is obvious great to have gregg but john is not here and this is the reason why. >> the flooding is the big story of the week in colorado. tomorrow night i will be hosting a fundraiser for the navy seal foundation taking place in the hangar. if you would like to come out and support the families of the fallen navy seals, we will welcome you. i am the emcee and would love to see you there.

this is thursday on the centennial airport. come by and support the navy sole foundation. >> it is a great cause. i wonder what other videos he has taken? >> we tonight want to go there. >> it is a great cause. we look forward to hearing about it. >> america live begins right now. >> fox news alert for you on the battle of the budget and spending. welcome to america live. i am allison came authorityota in for megyn kelliy. president obama pushing his agenda to the top business executives and addressing the country's deficit and efforts to grow the economy. listen. >> we have to be tight- fisted. there is waste to be