down -- argentina is as close as i got. thanks for watching us tonight. miss megyn is up next. the spin we're always looking out for you. a big story breaking tonight as two media outlets, one in america, one in england decide to publish a 36 page manifesto penned by the mastermind of 9/11. breaking news on this story, khalid sheikh mohammed has confessed to being the critical planner between the attacks on 9/11. he planned it, he helped organize it, he celebrated the murders of those innocent men and women, beyond that among his other numerous confessed crimes, he celebrates the fact that he personally murdered daniel pearl in pakistan in 2002 by cutting

off pearl's head in a video seen around the world and now this terrorist, this murderer, the worst terrorist we have at gitmo has been given a new platform to share his message. a message that started on a laptop in his prison cell, went through a courtroom at gitmo and is now out there for all the world to see. our coverage begins with charles swift, a retired navy j.a.g. attorney. thank you for being here. and our understanding is because we have been in contact with the authorities all day long khalid sheikh mohammed has released a 36-page manifesto that just appeared on the huffington post as well as a tv station in england, he's also taken up a pen pal in england to whom he

wrote a 25 page letter and retyped by someone. our information tonight is that the manifesto was released in a court proceeding down at gitmo by a judge who declassified ksm's writings, and that his pen pal, his letter to this guy, some home health care worker, some kid in england was mailed from gitmo without the knowledge even of his attorneys. i ask you, sir, someone who has defended some of these terrorists at gitmo successfully, i should point out, how can it be that ksm is allowed to communicate with the world and continue from a jail cell spreading his propaganda. >> thank you for having me. to answer the manifesto first, it's exactly that, it went through a court proceeding.

he represented himself, he files things, that's why he has a laptop, with the court. those documents are public information. >> let me stop you there, so we can walk the viewers through it. it was the policy that high value detainees like ksm at one point were not allowed communication with friends, family -- anybody, because this is the worst terrorist we have in custody in the world, we don't want him talking to people. then our understanding is, a year ago, a judge at gitmo ruled that ksm's communicationses aa high value detainee would not be top secret any longer, and, therefore, this manifesto was no longer classified and somebody released it. it's interesting they released it to two left leaning media outlets. i know have you represented these terrorists at gitmo, that

suggests to the average person had is around attempt by somebody involved in that court proceeding to shape the view of gitmo and, perhaps, even of ksm. >> well, i would doubt that would be the presiding judge for the military commissions. what he did was he applied the law, and -- >> who would leak that? who would leak it. i don't know if it's classified according to the judge. >> i don't agree it was leaked. it's part of the courtroom records. i could get it if i wanted it. >> got it, let me ask you this, i don't get that it's leaked. they asked for it and got it. >> do you think that we should be letting that man's communications, a 35-page manifesto, and by the way, it's one of three, there are two more coming, the next one is why 9/11

happened and was justified. we should be allowing those rantings to be surrounding the world? >> if you're going to have an open trial, you don't have a choice. >> that's nonsense, the judge could have class guyed it. >> not if he applies the law. there's nothing in it that's classified. >> oh, come on. so national security is no big deal, don't worry about it? >> well, you have to apply the law and what is classified? his words aren't classified. what is classified is u.s. information. >> so if his manifesto has specific messages to people who want to unleash hell on this country as they've already done and he's included that in his manifesto that's available online. and our competitors on cnn are discussing it in detail, that's fine by you? >> no, but that's not going to happen. before it was released, it had

to go through military intelligence authorities. you can't say the military should do this trial and then say the military is incompetent to judge what is classified, whether or not the information contained in this has a secret message. they're either competent or not. in this case, i believe they are competent. this is not unpress tented. >> let me shift gears here. i apologize for my tone, i'm worried. i'm concerned. i don't -- my next guest is coming up, he's going to talk about how there are secret messages in here. that may be the prelude to an attack. >> if you're concerned, i have a great suggestion, move him to federal court where things will be a lot more limited. >> you have to protect us from messages like this? >> what you have here is a judge who applied the law as he saw

it. you can't ask the judge -- >> let me finish before i go to andy mccarthy. the pen pal in england, that's okay too, he can write from his jail cell to whomever he wants, anybody? >> during my time there, yes, you could write. all of that weren't through military sensors,ed prosecution is not particularly upset. they're getting their case no more problems with waterboarding. khalid sheikh mohammed's confessing in these manifestos. from the prosecutor's standpoint, they're quite happy tonight. >> i want to bring in andy mccarthy now who used to prosecute terrorists for a living. he was the lead prosecutor in the '93 world trade center bombing and helped launch the investigation. am i offbase? >> no, not at all.

he's confessing, we don't need his confession the whole point of shifting our par dime after 9/11 from law enforcement to counter terrorism was the recognition that these characters were not mere criminals, they are enemies of the united states. can you imagine that during the second world war we would allow imprisoned germans or japanese operatives to get their propaganda out of an american prison? it's preposterous? >> no, i could not imagine. >> he sends a message to a health care worker in england. they didn't know about it, who did? who would have allowed this. everyone at gitmo has access to normal mail. as long as his correspondent is vetted by a security team. we're allowing him to write letters to anybody who wants to

release a three part manifesto, the huffington post headline on is mastermind september 11th attack wants to convert his captors, and you can see here -- it says wants to convert his captors, and they talk about how he's now changed his tune. you say they've got it totally wrong? >> yeah, of course, they do. they are -- to answer mr. slip, they are totally incompetent. they don't understand islamic supremacist ideology. no one in this government has bothered to get a grip on that for 20 years now running. if you're a jihadist, you're supposed to invite the infidels to convert to islam before you conduct jihadist attacks. we have a mile long trail of people like bin laden and zawahiri doing just that sort of thing. this is a guy who's getting his

messages out who's getting his propaganda out, his ideology out. and the three blind mice at the switch don't have a clue what he's trying to do. what we hear is, let's not worry, they're perfectly confident. if this was happening in federal court we wouldn't have this sort of thing. the last time we had people in federal court bin laden credited him with issuing the 9/11 attacks from his american prison cell. the man who killed kahani in 1990, plotted the 1993 attack from his cell in attica. so don't start telling me how competent these guys are who are watching what goes out of these institutions. >> now we're hearing the

lawyers, as far as ksm and the pen pal, that the lawyers may have seen the letter. let me put on the board, because this is from one of the lawyers. this is what he writes about his client, the man who beheaded danny pearl and killed 3,000 americans in 9/11. i believe mr. mohammed was touched by mr. green's letter. because the home health care worker wrote him first. it will surprise some people to see this respectful dialogue between two humans who are concerned about each other's souls. this is the mentality. >> yeah, it's touching. i'm sure he'd like to touch him. >> i don't know. i -- you know, look, you can

either fight a war and try to defeat the enemy, or you can consider the enemy to be criminal defendants, assume that they're innocent just like your average bank robber and decide that their due process rights and human rights are moreant thr to victory, if that'sed decision you make as politics. that's fine, you shouldn't expect to win many wars and you should expect to suffer a lot of terrorist attacks. >> we're not going to repeat what ksm said in this program. we're not going to be a platform for that man's rantings. andy mccarthy, thank you for being here. >> thanks, megyn. >> we're taking your thoughts on it. let me know what you think. you heard both sides, let us know what you think. a top iranian official pays tribute to a man who murdered hundreds of u.s. marines. wait until you see what this guy did, and he did it hours after americans announce a nuclear

deal with his country, iran. also tonight. a jury just acquitted two police officers of criminal charges in a dramatic struggle caught on tape. why are the feds saying they may go after the cops? exclusive on hillary's hit list. a former investigator who says this is only the tip of the iceberg. is your tv powered by coal? natural gas? nuclear? or renewables like solar... and wind? let's find out. this is where america's electricity comes from. a diversity of energy sources helps ensure the electricity we need is reliable. take the energy quiz. energy lives here.

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this will past sunday at 22 minutes after 6:00 beirut time, with dawn just breaking, a truck looking like a lot of other vehicles in the city approached the airport on the main road. there was nothing in its appearance to think it was different than the other trucks or cars on the road. the man at the wheel was on a suicide mission. more than 200 men were killed in that one attack. >> president ronald reagan addressing the nation just days after one of the worst terrorist attacks in our history. the 1983 bombers, the mastermind behind it was killed later in a 2008 car bombing, just yesterday

iran's foreign minister chose to honor him by laying a wreath at his grave the move comes hours after our president announces that the united states and other world powers have reached a nuclear deal with that man's country, iran. that's how he chooses to mark the occasion of the agreement we've reached with iran. in geneva, agreement, world powers surrendered to iranian nation's will. so we see. these are the people that we're trying to deal with here. >> that's all we need to know about the true intentions of this regime. we ink this deal and they go lay a wreath at the grave of one of the biggest killers of americans, and they declare us in full out surrender, this is a

declaration for them of victory in this deal. and demonstrations of willful blindness of this administration to believe we're dealing with moderates in iran, it's the new president hass hassani, no, thee the same guys, same people, same control, same ideology, we seem to believe now is the time to describe. >> that guy is a foreign minister. >> he was the one shaking hands with john kerry. >> this is supposed to be our bargaining partner in whom we have to place faith. the add men did condemn the wreath laying, doesn't matter what they say, it matters what they do, and we've managed to halt the program. you can't look at the wreath, you can't look at the tweets being sent out by the iranian

president. we have halted the program and didn't surrender. >> we haven't halted anything. nothing's halted. the centrifuges are spinning, they're still enriching uranium, and they've declared that they have a right to enrich uranium. this is a horrible deal from the beginning. what's so disingenuous about the administration, they would hold iran accountable if we don't meet the standards we set forward. if you support it to democrats and republicans, you're a war monger, you want peace with iran or you're a war monger. no, a lot of us are clear minded. if you're so invested in the deal working, are you clear eyed about the science of it working. what do we do next? >> i don't know that this administration is prepared to do what it needs to do next. we better enforce it if this

administration is unwilling to. it's a sad indictment of those who lead our foreign policy. we have to leave it to congress to do just that. >> these are the people we need to negotiate with, if we -- that's up to the viewers. do we need to or don't we. thanks. the shocking outcome to a scene have you experienced. how texting in a movie theater left one man dead and a cop in trouble. brit hume reacts to the details of what president obama knew and when he knew it as for american americans are being honored. how liberals impact war. >> we spend our whole lives trying to defend this country. because we were over there doing what we were told by our

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major news tonight in the benghazi terror attack. newly declassified documents appear to predict the president's story of what he knew and when. the president suggested publicly that the nature of the attack was unclear. refusing to say it was a terrorist attack. new documents suggest the president was told it was terror from day one. these documents show it exactly, but let me show them to the audience so they know what we're talking about. general carter hamm who was overseeing libya, i think at the

command, i personally, and i think the command very quickly got to the point that this was not a demonstration, this was a terrorist attack, he's asked by one of the congressmen, you would have advised as much if asked. would that be correct? he was going to a meeting with general dempsey and lee on panetta. that is the nature of the conversation we had, yes, sir. and after general ham had that conversation with mr. panetta and mr. dempsey, they met moments later with the president of the united states. >> we're to believe now based on these documents that this was the military consensus. this had been a terrorist attack, and, of course, famously

then days later, susan wright went on the surprised talk shows, that we've seen many times, she portrayed this as a situation that got out of control on video. it was seven weeks to the election, it had unmistakable cover-up. as you recall, i did say it was a terrorist attack the day after, it was in the rose garden, we're not going to be cowed by. a very general way that was not in direct reference to this episo episode. but even weeks later, you remember on the view, was this a terrorist attack? we're still investigating, well,

the impression was made at the time, and i -- now it becomes utterly clear that he was told from the outset that it was a terrorist attack. there are reasons for not disclosing that information. we don't want to scare the public. we want to cross all the t's, dot all our eyes. >> you don't send someone out to tell a whopper on every single sunday talk show. i mean, that's the -- and -- you know, that was a person who herself she was a senior member of the state department. i don't know -- it's -- i suppose it will always be said -- did what the intelligence told her. it's not a.

it wasn't all saying that. my sense is, the impression of a cover-up is strengthed the media has never been interested about it from the get go. >> benghazi, not so much. >> the bridge is a legitimate story, this is much more important, a much bigger national story. it is always smelled to me like a cover-up and now we have strong evidence that the president knew and let members of his administration tell a false tale about it. >> up next, the jury acquits two officers of charges of a dramatic struggle call on tape. >> the cops have been acquitted. up next, the kelly file investigation why the kelly feds may go after the cops.

>> new details on hillary's alleged hit list this is only the beginning. and a contestant on the bachelor. >> if you do the heimlich maneuver and someone's dying, you're going to have to straddle them. ♪

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new reaction to a new book claiming that hillary clinton has so called political hilt list, among the biggest names, senator john kerry, patrick leahy, democrats. not mention senator claire mccaskill. the chief investigator for bill clinton's presidency, matt

bennett worked in the clinton administration. let me start with you, you did a movie with hillary clinton claiming this is what he's about, as i said last night, in mrs. clinton's defense, if this is true, wouldn't you keep a list if people who you backed for office then turned around and refused to back you? what's wrong with having a list of -- these are the ones i like, and these are the ones i don't. >> you know, megan, it's interesting. politicians do that all the time. but it's really the pattern of lists. the clintons like to keep lists, back in the '90s during the clinton administration, when they were in power, they kept lists, sometimes they came into power with lists, like the travel office, they fired everyone in the travel office, and actually criminally indicted

some of them, and they were found not guilty, these people use nixonian tactics throughout their career, this is just politics. a lot of democrats are claiming -- i don't understand why i'm on the list, but lists are perfectly understandable in this town. >> one person on the list, claire mccaskill, they were very angry with, because they worked on her behalf, and she turns around and goes on a sunday show and says, bill clinton is a great leader, but i don't wants moi daughter near him. that may give people a chuckle, and they may agree, but if you're the clintons, no wonder you're mad. why would you continue to help claire mccaskill? >> that's right. everyone in this town keeps lists, it's what politicians do. look, the clintons, if you drew a circle around all of the people asking favors of the clintons in the last eight

years, would you encompass the entire democratic party. everyone wants a piece of the clintons, they got to keep track of who's been helpful and who hasn't, that's what every politician does. what is it -- some people are saying, no, no, no, no, no. had is just like chris christie, it's abuse of government power, but how? >> well, look, there's some similarities, chris christie's folks were keeping track of endorsements, and there seem to be political pay backs. >> in both cases, it's not the principle, it's the staffers around them. >> that's true, but the principles, a lot of time know what staff is doing, let me say this, in the '90s, the clintons had enemies lists of people in the media, folks at abc news, jackie judd. sue schmidt at the washington post. this was very well known at the time that these folks were part of the enemy's list if you will,

the clintons have a history of doing this and folks need to mow. >> you're using it p.e ining it. that term was made up like enemies like you. >> no, no, no. they created -- mark fabiani created it, these guys came at us, from the clinton white house, it's okay, because we were coming at them too. it's a two-way street. these guys on both sides had a lot to do with it, including the clinton white house. >> i'll give you the last word, matt. >> what chris christie's people have done is use the leaders of power, that's had a huge impact on the people of new jersey and the new york area. >> the concern by some is that's what hillary clinton would do, if she were to get in power. >> we had eight years of the clintons in power, and that didn't happen, notwithstanding what some people -- it was all

made up, it didn't happen. >> all right, guys. >> there were a lot of people that went to jail. >> we'll leave it at that. thank you, both. >> thanks, megyn. there were protesters on the street of fullerton, california after a jury found two police officers not guilty for their involvement in the beating death of a homeless and mentally ill man. this is a violent piece of tape. trace? >> it was just hours after that not guilty verdict came in when the fbi jumped in and said they would go back and review all of the evidence in this case, to see if a federal investigation was warranted and if it is warranted that could result in brand new charges, the entire 33 minute beating was caught on surveillance, the audio caught on police audio recorders of this entire incident. listen to some of it. >> okay, help me, please.

i can't breathe, sir. >> kelly thomas was beaten, tasered at least five times with officers pressing on his head and neck. the oxygen had been cut off to his brain, the defense called it justified, thomas' father calls it horrifying, listen to both. >> these police officers were doing their job, they were operating as they were trained and they had no malice in their heart, they were not out to get somebody that night. >> police families, so many people, our families are police officers, now i just don't like them, and i was one. >> ron thomas was an orange county deputy. the autopsy showed there was no drugs or alcohol in his system on the night of july 11, 2011. megyn? >> thank you. murdered over a text message? that is apparently what happened to a father inside of a movie

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discuss a shocking outcome to a scene you may have witnessed before. two moviegoers get into an argument over text messaging in theaters. cell phone use can be common in theaters and other public spaces this one left a man dead. joining me now, david webb, fox news contributor, mercedes cohen who's a legal analyst. former president of the human rights campaign. let's start with this movie theater business and we'll get to the bachelor in a minute. basically, he got ticked off, the former cop, over a guy texting in the theater. somehow it escalates into shooting the guy. what's his defense? >> unbelievable, completely tragic, he's saying he's in fear of his life.

>> he claims he -- >> he confronts the guy. >> he stood up, he slapped me in the face, i was in fear for my life, and that's why i shot him. it's going to be self-defense, but their witnesses say, wait a minute, there was no slap, there was popcorn being throw. he was throwing popcorn, his wife was throwing popcorn. it was complete melee. >> 43-year-old man is dead. because he texted in a movie theater, he said he was trying to text his baby-sitter at home to see how the kids were. it was in the previews were. >> i read that the sheriff -- he threw popcorn in his face considered the stand your ground option here. >> rejected it. there's an absurdity to this whole thing, i have to say, it's a bit offtopic, the fight to end gun violence in this country is

in a bad place right now. >> retired officer. >> i have to disagree with this, i don't have any problem with someone lawfully carrying a gun, that's not the issue here. the instrument is a gun whether it's a knife. this man is the problem potentially, the 71-year-old former police officer who was frankly trained when and with when not to use force and application of force. >> you don't -- >> nobody -- but what -- >> texting or talking -- >> you know, he's not -- >> what takes it further, the law enforcement officer, which this guy's not a good example of, is trained when to use -- and popcorn leading to the death of -- >> control your -- >> there's no imminent harm of death. he had to harm himself? >> he walked into a movie theater with a gun. that is a problem if you shoot someone with the gun. >> he was a retired officer.

>> there was a lot of discussion too after aurora about whether they could use a gun in that situation. >> let's move on, we need to lighten this show up a little bit. we go to "the bachelor." this young woman named victoria -- well, just watch. >> today i gave him the heimlich maneuver, i saved his life, i should totally get a rose for that. everyone's like you straddled juan pablo? like -- who's legs do i have to straddle to get some one on one time. >> i find this horrifying. >> as a gay man, i'm going to need someone to explain to me the maneuver. i missed that one. or i shut it out one way or the other. >> tell me. i know they put themselves on the show voluntarily, do you not find?

i find the setup and letter behavior degrading to women zm. >> i cringe when i was looking at this. any time i look at these shows -- >> women took a real hit because of that. >> oh, absolutely. the gyrating, the sex and shopping all over, she's slurring her words, and she's going to say the producers induce us to drink and we drink and drink and drink and we didn't know how far to go. sorry, she signed a release. >> i know they do the opposite where they have the bachelorette and the men make fools of themselves. >> i'll have a little fun with this. you. >> like it? >> no, i don't. i'll tell you what, this is tv, not one of these women that you see in this video, will have a problem getting a date. why don't you do it the old fashioned way in a bar like the rest of the women in america. put beauty challenged women and

hand some challenged men together and see how that works out. that doesn't sounds like -- >> no one's going to watch it. she's a legal assistant the. would you now hire this person as a legal assistant the. you may be helping your love life and ruining your love life. >> i wouldn't want her in my law firm. >> don't bring her home to mom just for now. >> she may be a nice girl without the alcohol. she claims no role in that behavior whatsoever. >> you need to be going exactly the opposite way. the real life lone survivor joins us live. we're looking forward to speaking with him. every meeting in the situation room, everyone would trash the bush administration. >> good thing you're not there. >> what a bunch of bums the bush team were. and we're thinking, what are we, invisible?

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let him go hike up, he'll be found in less than an hour. hike up, roll the dice, he'll probably be eaten by wolves or freeze to death. >> we cannot do that. >> that is a clip from a new blockbuster film, which tells the story of a 2005 navy seal. mark walberg recounts the fateful decision that led to the firefight of their lives. the real lone survivor marcus

latrell joins me now this movie has gotten incredible response. a theater in texas had to close down the other movies. the demand of the lone survivor was so big. what do you make of the reaction to this film? >> that was my hometown, so hometown support, but that's great, no, it's -- it's amazing, i had -- never in a million years would i thought it would have resonated through the american public like it did. i'm honored it has. there's been obviously some push back, some on the left we talked about the atlantic magazine article, we talk about how they view this as propaganda, they didn't like the way the taliban were portrayed in the film. we heard a little bit of that chorus going on in the national media, your thoughts on it. >> i don't really have any thoughts on it at all, to tell you the truth. we were talking -- someone told

me about pro war, i sat and thought about it for a while. is that a real term, there's nothing glorious about war there's nothing glorious about watching your friends and letting them die. bottom line,there's bad people everywhere, every now and again, we're going to have to step to them to make sure that we preserve our way of life, and it's people like my teammates and i that have to do that. nobody want its war, it's the most horrible thing in the world. i think anything about the movie or the story, it's that you go and you watch it, and it's about the brotherhood, it's about the guys that are willing to die for each other, no matter what.

it's about the afghani village that brought me in. i don't see pro, i don't understand that term actually. three out of four of you died, because the goat herders went on and reported your decision. that's something you have to deal with. when people walk away from this film and understand what went wrong that day what do you want them to remember. >> that's a tough question, it wasn't ever one of those situations where i was trying to throw something in somebody's face where you say, i want you to take something away from this. we're all somebody's sons,

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our twitter feed is going nuts right now. people are fired up about this ksm thing. tell us your thoughts. @megynkelly. more on that tomorrow night. hannity is up next. welcome to hannity, it is his first cable interview, and in a moment, i'll be joined by robert gates to respond to the explosive revelations in his tell all memoir. last week, the political world was buzzing. most were shocked about some of the things he witnessed during his time in the obama administrati administration. >> damage control from the white house. >> the white house on the defensive after excerpts were released, a devastating