drink in your hand or swear. but this is a big day. >> kings win the stanley cup. he is happy. over the rangers. you know, right? you don't get a drink in your hand or -- >> congrats. "happening now" starts now. see you back here tomorrow. well, today, we start off the president reviewing his options for stopping the terrorist moving through i am j to have jon scott back after a surgery on a wounded wing. you look good. >> thank you. i am feeling good. hundreds of iraqi volunteers are signing up to fight the al qaeda

inspired militants. three hundred forces are taking up in and around iraq. president obama notifying congress about this deployment last night after meeting with his national security team. and our soldiers are armed for combat the president insist they will not engage in direct fighting. this is as we get word the white house is considering sending a group of special forces into iraq. peter is keeping a look on this. >> >> the united states spoke briefly and directly with teran. they talked about iran's nuclear program. the white house explained it isn't in anybody's interest to let iraq be torn apart. we would like to see iran to

encourage iraq's leadership to include a diplomatic agenda. officials from the pentagon are noting there is no coordination between the american and iranian military. as talks continue, 275 u.s. troops have been deploy today baghdad and they will remain until the security situation on the ground improves enough that american citizens are no longer in danger. we heard from a top republican in the senate who thinks they need to pick up the pace. >> they must work quickly before every gain made by the troops is lost and before isil expands and can threaten the united states. >> officials tell us american made soldier fire stinger

missiles have fallen into the hand of fighters and scooped up from deserted basebases. >> that is the scary part of all this. or potentially. our next guest served as a pilot in the air force and few through areas that have been taken over by the group. congressman, it is nice to have you on the program. >> is great to be here. >> tell us about what you would do today? >> this is a bad situation but of all the of scenario we talked about that could happen in iraq this is the worst-case scenario. i think we need to come in with airstrike and pin them down in the towns they rin. there is going to be concern with bombing targets and vill e villages. but we can freeze the movements

in open decembsert by taking oue tanks and that gives the iraqi army room to breath and take back over and come up with a political situation. but the fall of the iraq state would be the worst case scenario and i think they would have trouble recovering. >> what is the goal? if you can map out the goal in iraq, what would it be? >> the first is our national security. and an isis controlled iraq body devastating to our national security and put us at risk of having something like 9-1 or grit greater. we know there is a lot of political implications in the area and there needs to be fixes. we are on the doorstep of the

whole state falling and if that happens you have lawlessness in the region. as the president is looking at his option, it is going to take a robust air campaign with special forces on the ground and not in direct combat but helping pinpoint locations of the enemy. >> the question is how do you contain that with special forces on the ground and airstrikes. ho do you prevent us from becoming in civil war? >> that is understandable. in 2006 and 2007 there were a lot of people advocating to let iraq chew itself up and leave. and there was that advocating. then the war was won in 2011 when we left. i think the idea of just saying get out we don't want to get involved in the thing is a

defeatist attitude that is not natural to the united states. go in with airstrikes, if they are not successful we will continue to see the worst case scenario play out, but it gives an option to buy breathing space for the iraq government and help take back the territory they lost. this goes into syria. this isn't limited to iraq. >> and they have had a hold there. i think not tell you what relief to is to talk with someone involved in the iraq war. there have been few and far between of those who served on the ground there. some are arguing to go back and use special forces to train and engage the iraqi forces. but we are hearing the security forces are deserting and laying down their weapons and not organized or motivated.

why would we pour more money in this? >> voluntethis isn't a surprise remember that. but malkey has to step down and have a political solution that pulls sunni's into the government but i don't think we can wait for that to happen. go in, train the forces, stiffen their spine, the military since leaving in 2007 has been rotting away in a constituent of disrepair. and there is a lot of troops on the ground but you will not fight when the officers leave. and people will say what are we fighting for. so getting in there with the political solution and having the breathing space is our goal.

>> with that breathing space, focusing on a political solution, what are your thoughts about a solution with tehran and trying to figure out how to work. what are your thoughts on that? >> the enemy of our enemy is still our enemy. and maybe they align momentitarimoment earlier but a lot of what we fought about in iraq was iran medaling. iran was trying to destabalize them from the beginning. a lot of the ied's that killed soldiers is believed to have come from iran. i think that is a very bad precedent for the united states to say we found on ally in iran.

we have to deal with the issue and how will we do that after coming in to iraq. >> i know in january, you were calling for military intervention and this is something i want to add to viewers people people feel they were caught off guard. i hope you come back. thanks for the time, today. >> i would love to. >> what do you think should be the next step in iraq? airstrikes? our live chat is up. foxnews.com/happeningnow and click on america is asking and we will use your thoughts throughout the show today. rare and deadly. twin tornados hitting a mile apart in northeast nebraska. look at this. dramatic video as one of those

funnel clouds touches down the tornados killing a five-year-old girl along with a motorist. 20 others hurt and many critically injured. the nebraska governor declared a state of emergency as the neighborho neighborhoods are left in shambles. >> the governor is going to the damaged area to survey the mess left behind by these twisters that happened yesterday afternoon. this spokes person is planning to talk to the media within the hour at the junction of two highways. the state patrol reported closers of the highways leading out. what makes this rare is the inty of both and the amount of time

they stayed on the ground. >> i have been telling people i never saw a tornado for years. i got to see something today i wish i would have never seen. >> whole blocks of houses are destroyed. all of the business district. our co-op. the grain bins are gone. >> about three quarters of the town was damaged or destroyed. shelters are available and the people running them said a dozen folks show up. we tried to reach the red cross in omaha that covers this and their lines are totally booked. >> it is such a sad, sad story. good people there in nebraska. i am sure they will take care of their own. >> in the mean time, growing

outrage after the irs tells congress that two years worth of lerner's e-mails were lost after a crash. e-mails that have been susubpoena. what happens next? that is the big question. and picture a live free of shots. that is what they think diabetics could experience with a fake pancrease. a fake pancrease.

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what's your policy? >> well the irs commissioner faces another grilling by congress next week over the agency's targeting of conservative groups this is after e-mails to and from lois lerner the former official at the center of the scandal were lost quote unquote in a computer crash. we have a staff writer from the washington free beacon and the irs has known about this since february but just released it on friday. always good to dump news on the friday when it will get lost over the weekend. >> that is what the republicans are so mad about. they were not told they were permanently lost for over a year. no one mentioned they were lost.

you had the current irs commissioner say the computer crashed and they thought they could get back most of the e-mails but it will take a while and now they are saying they are permanently lost. a lot of republicans are saying they are angry and these were gone and they are not buying that excuse it was lost pe permane permanently. >> let me read a line from a daily caller piece. the irs said they are working to retrieve the lost e-mails from the other departments but the other departments are not part of the irs agreement with the ways and means committee and are not required to provide assistance in retrieving the e-mails. >> that is what the health ways and means pointed out. president obama said he was

going to work hand and hand with congress and they are saying we need you to work with us and want you to give us e-mails you have nat were sent from the executive office to lois lerner. it isn't sure if they are going to cooperate because they are not required to. initially the white house was out raged they turned to this is another political gain they are trying to get by with. but dave camp sent a letter to the white house requesting these letters and sent information to the doj. >> this was going to be the most transparent administration in history. >> there are a lot of things republicans can point to. transparency being one and also

the you said you were going to work with us on the issue. democrats think this is an orchestrated scandal. but i think you have a lot of people saying this is concerning. it doesn't make sense they have lost e-mails because according to the federal records act, federal agents a required to keep e-mails and there is a procedure for when you delete them. >> i have had issues with the issa and i wasn't able to say i lost the records. >> right, if we saw we are sorry we cannot produce the documents. >> and here is this government agency that can not produce. they are sago -- saying sorry

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sport with chewing tobacco. we have a doctor here to talk about this. a lot of people, baseball players, included probably think chewing tobacco is safe because you are not inhaling it. >> there is a lot of evidence this leads to cancer. he did dipping and put it on the right side of his cheek and that is where his cancer was. there are 28 known carcinogens with this product. 1-3 major league baseball players were using smokeless tobacco. it is much more of a problem among boys. 11% of high school boys are doing this. >> the game, organized baseball, has tried to get it out of the dugout but got push back from the players association. >> they tried to ban it in 2011.

they got it to where you cannot use it during an interview or have it on your uniform. he used it 20 years during and after the career. >> and oral cancer is difficult to cure. >> five year survival rate. 50% don't last more than five years. it keeps coming back. it is hard to remove this. anyone using smokeless tobacco. watch out for little bumps. you see any in the oral cavity get it gone. like any cancer the quicker diagnosed the better. >> it is just from the chemical compounds in the tobacco? >> i believe that. it has never been proven but we have all reasons to believe that. >> one of greatest dead much too

early at 54. a flood of illegles -- illegals -- streaming into the bo border and what does the age mean and what does washington need to do? we will go into that. and now word on investigators never looking in the area where satellite data indicated the malaysian jet went down. why? we have the story ahead.

óqoq >> breaking news in this fox news alert. an arrest has been made in connection with the benghazi terror attacks, at least one of the suspects in that attack that took place on september 11 of 2012 picked up by u.s. forces in libya, we understand. ed henry is working on that story from the white house. he has some more information for us. ed? >> that's right. this story breaking just now that one suspect is in u.s. custody in the benghazi terror attacks from september of 2012. i'm told by a senior u.s. official this suspect was

apprehended by u.s. officials sunday near benghazi. and that this suspect is currently being held inside libya by u.s. officials but will be heading back to the u.s. soon to face prosecution here in the united states. multiple sources familiar with the operation tell fox that the suspect was captured as part of a joint u.s. military and law enforcement operation. as i said, he will now face prosecution in the u.s. the name of the suspect is atalloh. the justice department filed a sealed criminal indictment in the benghazi terror attack. at that time, the indictment charged several individuals, not just one, but it included him. he's the head of the libyan militia. that's very significant. he was seen at the u.s. compound in benghazi on the day of the terror attacks, later did interviews with various media outlets boasting about his role

in all of this. now apprehended, i'm hold, by a senior u.s. official, sunday near benghazi, currently being held by u.s. military personnel. he should be headed back to the u.s. shortly to face prosecution. incredible development, jon, on a story that's obviously been going on almost two years. >> i know there are at least three other suspects, perhaps four that the f.b.i. has named and is looking for. where does he go from here? has any decision been made about that? obviously this administration is teamed to close guantanamo bay. likelihood is that he'll be brought to the u.s.? >> that's going to be the question and that's one of the reasons why i'm told by a senior u.s. official this suspect is being held in libya. are they going to bring him to guantanamo bay? are they going to bring him to a u.s. military base? these are obviously important decisions to be made. the kinds of decisions they were deciding were going to be deciding over osama bin laden but he was killed in that

operation with the u.s. special forces. they didn't have to make the decision in terms of where to try him, where to deal with all of that. this a much different situation. as you say, they've got one suspect in custody, we're told by u.s. officials, but they're still looking for more. this president has been under great political pressure, republicans have that special committee in the house investigating exactly what happened with the benghazi terror attack, investigating the after math of whether or not there was a coverup. there's been a lot of charges but an important development now for this president, for the u.s. military to get at least one of the suspects in this terror attack that killed four americans september 11, 2012. jon: the obvious question, ed, and i'm guessing you're not in a position to answer it yet, why now? as you point out, this guy was sitting in sidewalk cafes meeting with reporters and bragging about his role in all of this. why did they pick him up now? >> we'll have to fill in more detaild what intelligence they

got in the last days, weeks to move in on him. you're right that the administration was facing criticism last year after they named this suspect in a sealed indictment. the justice department did. then as you say, he was openly doing various media interviews boasting about his role in all of this and the question was, why hasn't the u.s. been able to bring him in if various media outlets had been able to interview him? i remember asking president obama last year at a news conference why he had not been able to get any suspects and he said at the time this is difficult business, we're trying very hard and i remember him telling me at that news conference, look. it took us a long time to get osama bin laden. we ended up getting him. we'll get these suspects as well. they've gotten one of them at least. jon: good news there, i guess. thank you. jenna: a little more on this breaking news. senior judicial analyst is standing by. what is next now? >> well, it really depends as jon and ed henry were just

discussing, where they bring this guy. my guess is they will not bring him to guantanamo bay because of the president's decision to house them at gtmo. my guess is they'll bring him to reagan national which means he'll be tried in the federal courts in alexandria, virginia this which is typically the government's favorite place to try criminals when the case happens outside the u.s. the law is he'll be tried in the judicial district where he first sets foot in the u.s. or where the harm that he caused was perceived in the u.s. jenna: we've talked about new york and that's because of the ties to 9/11 for some terrorists. in this case -- >> well, the u.s. attorney for the southern district of new york in manhattan has the best track record in the country for successfully prosecuting terror

suspects and getting convictions and convictions that withstand appeals. they have a large and excellent team that does these prosecutions, both f.b.i. and lawyers. so they are certainly equipped to do it. there was a similar team, though, not as large but just as well reputed in the normaling district of virginia, right outside of washington, d.c. that's the place that i think the government will probably take him to. jenna: how would he be treated? who will represent him? walk us through some of those next steps for this individual. >> he will be in a federal district court. he'll have all the rights that any defendant has, that any american or non american has. all the rights that are guaranteed by the constitution. he will probably be represented either by a federal public defender, that is, an employee of the federal government whose job it is to represent indigent criminal defendants in major prosecutions, or sometimes some lawyer will come out from

nowhere like the lawyer that represented the sheik that had a hook on his hand, a very, very fine criminal defense lawyer in new york city who i think did it for free. sometimes you get lawyers like that. but in terms of his rights under the constitution, his right to confront the evidence against him, his right to confront the witnesses against him, the presumption of innocence, the right to a speedy trial, he has all those rights that the rest of us do. jenna: has he been read his miranda rights? it always comes up when there's an alleged terrorist that is captured. >> typically the military does not read miranda rights. typically they'll be read to him once he's transferred from the military which arrested him and according to ed henry is still housing him into the hands of the u.s. marshals who will deliver him into a federal court. it might occur at libya or reagan national. jenna: the reason i ask is because of the time line. here we are, many in the public have been waiting for the arrest and what happens with this trial.

>> the miranda warning might not be very crucial in this case because of what the guy has been saying in public about his own role when he was free, prior to his arrest as jon just pointed out. the government has a slam dunk case against him because of his admissions to media and other people and not too long ago in a cafe in libya. jenna: but not exactly, judge. i look back in the article in "the new york times." he paints a little bit different picture. of course, he was coy with the reporter but he said he showed up that night and he didn't have anything to do with the attack and the people inside the compound fired the first shots and he wasn't there the entire time. he went later and so he has his own story of this event. will he be able to tell that story? >> he might be able to tell that story to his benefit because sometimes the government intentionally arrests someone at the bottom of the totem pole, charges them with a serious crime and then they trade information about people north

of him inn for the lesser charge or guilty plea to a lesser charge so the government may know exactly what it's doing by arrested him. he may be the gateway to the people who plotted and planned this thing. jenna: you're saying this might be part of a larger puzzle that the government is putting together. >> yes. he may not be the person who killed chris stevens or who ignited the flames that consumed the consulate but he may know the people who did. jenna: and that's the big question. how much is he a part of this terror group, what role did they have in the actual murder of americans. what is he facing potentially as far as time behind bars? death? >> he's facing the death penalty. absolutely he's facing the death penalty. the charge would be using a weapons of mass destruction to kill americans and that's the death penalty even in states that don't have the death penalty, the federal government has the death penalty so that's a tremendous incentive to him to

negotiate with the government by giving the government information that it wants in return for them charging him with a crime that does not expose him to the death penalty. jon: we're getting a few more details about what transpired about his capture. we're gathering some information as we're on the air. apparently, he was captured during a joint u.s. military law enforcement operation. there were no shots fired. there was no violence. apparently special operations forces as well as f.b.i. agents were there on the scene. this is still very much developing, judge, but we do know he's on a u.s. navy ship headed back to the united states. is there anything, any obstacles because of how he was apprehended, is there any things to consider as far as how he's being handed from the point of where he's captured to when he's deposited on u.s. soil? >> one of the things his lawyers, whether they're public defenders or private lawyers will cause a federal judge to scrutinize was the manner of his arrest and the manner of his

treatment between the time of arrest and the time he got to a federal courthouse. and if the government broke any laws or violated any of his rights in that time period, will that affect the outcome of the trial? i will tell you typically a judge will say, i don't care how you got here. the point is you are who the government says you are. you're here. i'm going to defend all your constitutional liberties once you're here. it doesn't concern me how he got here when you were arrested outside of the united states. that's one argument and there's case law that supports that. the other argument is, was he tortured? was there a basis for his arrest? did they just arrest anybody who happened to be hanging out in hopes that this was one of the guys? it seems like there's a valid basis for his arrest. the government is well experienced. they know not to violate any of his rights because they don't want to affect the outcome of the trial. they already have enough evidence to ground the arrest and probably to begin preparing a case against him. they're not going to kick all

that away. jenna: we hope not so many years after the case transpired. i believe you do have more? jon: in the last 10 minutes, fox has learned exclusively that one of the men suspected of being behind the attack on the u.s. consulate in benghazi in september of 2012, one of those men has been arrested. the guy who was seen sipping a frappe drink in the months after the attack, sipping a frappe drink in libya openly talking to reporters. he's been arrested in a joint military operation involving special operators and one f.b.i. agent. jennifer has more for us now. >> what's interesting about him is that we knew about him in the days after the attack on the benghazi consulate because he

gave an interview to the "new york times" on october 18, short just a few days within a month afterwards and he was very confident at that time. he didn't feel any special operators were going to be rounding the corner. he was out in the open. then last october when the delta force operators landed in libya and snatched another high value target, terror suspect from back in the 1990's, we understood at that time that this man was on the list of possible targets for that capture operation back in october. they didn't get him. he was in benghazi and the situation on the streets of benghazi were very difficult last fall and so that part of the operation was called off. now it seems they've gone back in. we have details and we know they grabbed him south of benghazi and from what sources are telling us, he didn't know what was coming. he was grabbed quickly.

the reason he's on a ship and we're just confirming the name of the ship right now is that remember, they want to buy as much time as possible. they want to possibly interrogate him. they have certain ways in which they can gather information before he is lawyered up, mile an hour -- mirandized and then appears in court. what's not clear is how long they can keep him on the ship but from past experience it is normal for them to put them on a ship and that is where they can carry out some interrogations in the coming days and then shortly thereafter, they will bring him to the united states, we understand. the other important thing to know is that the f.b.i. has a sealed -- there is -- there are sealed documents against him. what i know from sources back when we were reporting on the benghazi story shortly after the attack is that he is seen in multiple videos at the site. in fact, giving orders to the

attackers so there's pretty strong evidence he as a leader was involved in the attack on the benghazi consulate three years ago. jon: jennifer griffin, gret work there. thank you. we'll let you get back and work some sources there as this news is breaking. let's read for you the pentagon statement from rear admiral kirby, the press secretary there. he said i can confirm that on sunday, june 15, that would be father's day, the u.s. military in cooperation with law enforcement personnel captured a key figure in the attacks on the u.s. facilities in benghazi, libya in september 2012. he is in u.s. custody in a secure location outside of libya. there were no civilian casualties related to this operation and all u.s. personnel involved in the operation have safely departed libya. we know now from jennifer's reporting that he's on board a ship headed back toward the

united states. whether he makes the entire journey by sea or whether at some point they put him on a helicopter or airplane remains to be seen but for now, we know that one of the men believed to be responsible certainly wanted for questioning in connection with the attack on the u.s. consulate in benghazi, labia on the night of september 11, 2012. he has been arrested by u.s. forces and he's on his way back to this country. more information as we get it. stay tuned to fox news channel. today his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen. still runnng in the morning? yeah. getting your vegebles every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories.

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jenna: there had been an arrest in the capture made in the benghazi terror attacks in september of 2012. and that this man, this alleged terrorist is on his way back to the yat. we don't have a time line on that but we do know he was captured on sunday and as the details continue to come in, we're learning a little more about the significance of this arrest. the name of this man is abu khattala. he's the one as we've been talking about over the last several minutes that told the "new york times" back in october that he didn't have anything to do directly with this attack in benghazi but also showed very little remorse in what transpired there in the death of four americans. joining us is the defense for democracies. he takes a look at different terror groups around the world. tell us about the state of the

group now and how it's grown the last several years since the terror attacks of september 2012. >> it's an infamous group that came to being in the wake of the revolution that overthrew muammar qaddafi. the libyan branch is widely believed to have been at the lead of the attack on the u.s. consulate that killed ambassador stevens and also a group that has connections to a wide arrest of other jihadist groups in the country, including some training that's going on in the south and that really concerns libya's neighbors. jenna: just real quick here, as we look at the state of the group and many are speaking of this man again, abu khattala as the head of that group, is this a group that has many different people in charge? is there a central figure in charge and it's organized around that central figure? how is this set up? >> it seems to have central

leadership as well as regional commands. look. these groups are a bit secretive about how they're structured but you've had members who talked to the media and from that, we can glean a bit about the command structure but one of the ways you can tell it's secretive is there's a debate even among experts as to whether it should be considered a single group or whether it should be considered two groups with headquarters in benghazi and durna. that shows you the command center is a little opaque but it does seem to have a centralized command in addition to regional commands. there's a big debate about how many members it has. often when estimates are given as to how many fighters a jihadist group has, they seem to be more than anything, spit balling. jenna: we're inviting you to talk about what's happening in iraq in the middle east and obviously this is part of a major story that's the growth of terrorism not only in the middle east, in syria and iraq but also across north africa as we pay

attention here and benghazi. i have to take a quick commercial break. when we come back, i want to ask you about the growth of terrorism in that swath of the world and what that means to the united states. [cat meows] ♪meow, meow, meow, meow... it's more than just a meal, it's meow mix mealtime. with great taste and 100% complete nutrition, it's the only one cats ask for by name. fousugar. only six?ns. six grams of sugar? that's really good. excellent, delicious... and yummy! honey bunches of oats. tasty! yummy!

that's why i always choose the fastest intern.r slow. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener.

the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. jenna: an arrest and capture of a main suspect in the benghazi terror attacks and murder of four americans back in september of 2012. that suspect on his way back to the united states now on a navy ship. in the meantime, we want to invite back a senior fellow at the found for defense of democracies and we were going to talk about iraq but let's bring the story together, the state of terror and the growth of terror in the world today. we're taking a look at benghazi, the chaos there, the swath in north africa that is certainly

under fire by islamic militants and then over to syria and the spread of syria and islamic militants into iraq. obviously there's different groups at work, different people at the head of these orrings. but how do you see them together when you look at the state of the war on terror and what it he united states? >> i think that's very important, the question that you put to me. you're looking at the bigger picture that overall, a lot of observers looking at the advance of isis, islamic state of iraq, they're going to have reversals and i think that's correct but if you look at the overall picture, there's more and more countries in which you have these periodic jihadist advances capturing territory, implementing an extreme brand and then retreating and regrouping. it's happening in the countries you mentioned but also somalia where two days' worth of slaughters were carried out in kenyan cities, attacking outside

of their direct area of operations and also happening in northern mali where you had a french intervention pushed them back but now they're regrouping and taking out i.e.d. attacks and periodic offenses. that's why we shouldn't really have comfort in the fact that isis is probably going to have to retreat in iraq. jenna: that's the question. what does one arrest mean for some of the broader picture that we're still going to continue to look at? we're limited on this breaking news but we appreciate your expertise and you're welcome back any time >> my pleasure. jon: the pentagon spokesman will brief reporters 2:00 p.m. eastern. we hope to learn more about what transpired sunday in libya when special operators nabbed one of the men wanted in connection with the terror attacks that killed four americans, including our ambassador. that's up a little more than two hours from now. here's what we're working on. more trouble for general motors. a brand new recall as the c.e.o. prepares to testify before a

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jon: we'll see you back here in an hour. jenna: certainly a lot to talk about. "outnumbered" starts now. >> this is a fox news alert. new information coming in on a major arrest in libya today. a suspect linked to the 2012 attack on the u.s. consulate in benghazi has been captured. his name is abu khattala and the pentagon is calling him a key figure in the attack that killed four americans. this is "outnumbered." today's hashtag one lucky guy, veteran himself, pete and he's outnumbered. >> thank you for having me. >> we're going to continue on with breaking news and then get everybody in on this. here is what we know at this point. the suspect is in custody on