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 a u.s. navy ship and will face

trial in the united states, we're told. u.s. special forces along with law enforcement led the operation to get him and the pentagon says there were no civilian casualties associated with the mission and all u.s. personnel involved in this have left libya. those are some key points. here's another one. this affected probably more than any other agency in the united states government the state department because those were their employees we lost that night so we're in the next 44 minutes or so scheduled to see a state department briefing on this so we'll take that and bring you the news on that as it happens. kimberly, you've been following this along with us today. what are a couple of things that stand out to you? >> what stands out to me is i think we already knew where this individual was, his location and they've been tracking him, so to speak, and what you do is wait for the president of the united states to sign off to go in and get him, capture or kill. in this instance they were able to take him into custody but now the point remains, what will we

do with him? if you recall, this was a gentleman focused and highlighted as one of the key ring leaders in that benghazi attack. this is somebody that was quite boastful in the papers. he was seen outside in a luxury hotel drinking a strawberry frappe talking to a "new york times" involvement and not fearing at all that the yat was going to the him or the authorities. now that's changed. he will be brought to the united states and likely be tried, whatever the closest point is. he could be taken off the navy ship and transported helicopter or otherwise and then be tried in that jurisdiction and held in the u.s. facility. keep in mind, our president has told everybody he's planning on closing gtmo and the releases have started. >> guantanamo bay, if you're not going to put him there, pete, where would we put him? >> federal court, probably in new york city where we brought other criminals like this before. when you're not willing to admit

you're -- someone is at war with you, you trite it as a criminal action which is where he'll go in a federal court which is why i think they have him on a boat right now because it is international waters and they're able to interrogate and extract information they won't be able to do once they bring him to the state, read him his miranda rights and he clams up. hopefully they are garnering intelligence. i think we have to be pleased that this guy obviously is apprehended. we all have questions about the timing and the -- but you've got delta operators and f.b.i. guys that did an unbelievable operation to pull this guy without a shot fired. >> also you have the former secretary of state who is in the middle of a really high profile book tour and i think this is convenient for her to shift the talking points from some things she's been discussing. other thing that i find curious, the president has been careful from the beginning not to label this a terrorist attack for whatever reason. i think that is politically motivated but we're not calling him an alleged terror suspect.

we're not calling him a terrorist and in the war on terror, he's not necessarily held as a criminal. he could be a criminal combatant. >> we don't know how he'll be charged. >> but it is pretty much well known those documents include very strong evidence against him. >> okay. so on air force one right now, we've just found out that press secretary jay carney has said this confirms the capture, refers to the department of defense. these are just some readouts of things happening on the plane right now. he would not say anything about legal process which is what we're all kind of talking about now and he called it, quote, an important milestone, an important development. as this news is coming together, sandra, you bring up the recent history that we had and evidence against this guy but also the fact that it's been almost two years since we've heard anything about any sort of arrest. >> yeah. and we go back to those days, those immediate days following the attack in which we heard president obama vow he was going to bring these guys to justice, whoever these attackers were. all the meanwhile, kimberly brings up the day that the "new

york times" talked to him, sittingous much a luxury hotel, sipping on a strawberry frappe. >> that was just a month after the attack. >> within a month after the attack and at that time, he said that no authority had yet questioned him about that attack and he also went on to say he had no plans of going into hiding. he was very confident at that time and how much time has now passed when we knew then. >> something clearly changed in the calculus of the united states and a lot has to do with the state department. i think this thing needs to be tied in a bow to have a clean break from an incident that will continue to be a scandal and an anchor around a certain individual who may want to run for president. >> he's having an interview today with fox news. >> what a great thing to announce tonight at fox news that the perpetrators have been brought to justice. it's all too neat and it's too cute and i want to give -- i want to be grateful. i always want to give the benefit of the doubt to our authorities but in this case, it

feels too neat. >> i give the benefit of the doubt to special forces and law enforcement who are involved. they're out there doing their job but i do question some of the political motivations. and the secretary -- the former secretary of state, when she testified in benghazi hearing, she said what difference does it make if it was a two video or two guys going out for a walk? we know it wasn't two guys going out for a walk who decided to protest. this was a terrorist act. why are we not calling it terrorism? >> he's had to a little bit. he's since had to walk by and say, yes, this was not -- this was a protest about a video. >> it was not spontaneous. >> it's a difference between protest and terrorism. >> absolutely. they'll have to confront that when he opens his mouth and depositions come out and the reality is, of course we were there to attack the consulate. that's what we were doing and we sold the story about a protest to cover it. >> take it from the bad guy. he's happy to take credit for it. he's like, here i am, frappe and

terror manual in the other hand. he was very overt about what he did, about what their intentions were but we had an administration that pepper -- perpetuate false talking points and then you had, of course, rice perpetuating those routinely on the sunday talk shows but now we see a different situation. same thing happened again. it's their ammo. >> you brought up former secretary of state hillary clinton and kind of her role in this and now she has the book out and she's talking about this. i'm wondering if there will be any sort of push now to get her back on the hill. now that you're going to build a case, potentially there are other suspects out there that they're looking for today as well. as this rolls out forward, i wonder how bringing her back and getting those notes she says she took and subpoenaing that. >> you can read about it in the book. >> but we might want to see the context of the notebook they came out of, that sort thing.

>> and is she being briefed? how does former sencretary of state who was active in the benghazi scandal, where does that stand? >> i think she's resigned to the fact. i don't know how they don't bring her before the committee at this point, how they don't ask additional questions. i think they will. i think they need to. i think the country needs to hear what she knew and when she knew it and in light of what this guy is going to say, because we did get reports that the terrorists were spinning their motives knowing that we would jump at the opportunity to blame something other than terrorists for this attack and we did so they did pass out propaganda and said of it the video and we bought it, hook, line and sinker. >> i wonder if you're going to give us color what's going to happen now. he's on this military ship. it's a naval ship. you mentioned that there's going to be interrogations. we don't know military law how long they're going to be able to keep him on the ship. kimberly said they could fly him out of there when they're done

with him. i'm just curious what the happenings are. do you think that's happening right now? >> and there's an f.b.i. agent that scooped him up. no civilians were injured. >> sure. that's a product of great intelligence. you don't have a raid like that or operation like that that goes without shots fired or casuals unless you have great intelligence. on the ship at this point, presumably because of what this administration stated, they're not using enhanced interrogation techniques and this guy seems to be happy to chat. if he's smart, he's clamming up, too. now he's used everybody we won't use difficult techniques to extract information and he's going to the u.s. where he'll have miranda rights in new york city and given a high profile lawyer to defend him. this is how we fight the war on terror today. we let them lawyer up and don't get the intelligence we need. >> greg is one of our foreign

correspondents and it's just kind of detailing, some in sentences but you get to see the news as it's kind of coming in. we nabbed this benghazi suspect abu khattala, spoken in off camera interview with fox news 2012, a little over a month after the deadly attack. he admitteded to he was subcommittee scene of the attack. he claimed he was not there to plan the attack, that he was just looking after fellow militia members who have been guarding the complex and who were feared injured at that time. he also claimed that he was directing traffic. >> that's right. and there's witnesses who have an account of that as well. >> he offered no remorse regarding the killings of ambassador stevens and three other americans saying that the u.s. should not be involved in the internal politics of libya. also at the time, he said he had not yet been contacted by u.s. officials. so talking in an off camera interview to fox news, october

2012, the guy that they just picked up that's on a u.s. navy ship. >> he's talking to the press. he has no problem divulging his story. >> obviously a lot to say. >> his whereabouts are known so why is it taking so long? >> his emails have also been deleted so we don't know his correspondence. that's bad attempt at sarcasm but he's -- clearly this is a guy who is unafraid, feels like he's got protection from somebody inside libya, not worried about the united states because we're checking boxes other than finding the perpetrator. disrespect and he's picked up in the area where he always was. we should have just lured him with a strawberry frappe. come over here. >> what took this long? >> we know from reports and we'll learn more at the state department briefing coming up about whom else they're looking for and what that further investigation -- >> that's a great point. how many others are out there? >> maybe we're watching this guy

because of who else they could turn over. >> who else gives him over to law enforcement and if he's a legal martyr, it only perhaps -- >> they were talking the whole time, they have a whole book, a whole spread on everybody that he was in contact with, everybody in the terrorist organization they were working and they'll be next. >> new details about the i.r.s. targeting scandal and key emails the agency says have gone missing. why? house republicans say the problem is much bigger than the i.r.s. initially admitted to. great things go together. and new sargento tastings are perfectly paired with every day. exceptional cheeses in smaller, snackable sizes that make it easy to explore new flavors and savor every moment. new sargento tastings. one of a kind flavors found right in your dairy section. find your favorite and make your own perfect pairing. new sargento tastings. perfectly paired with every day.

ugh. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. [ male announcer ] that's why there's ocuvite to help replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. ocuvite. help protect your eye health. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition in charge™.

[ bottle ] ensure®. could help your business didavoid hours of delaynd test caused by slow internet from the phone company? that's enough time to record a memo. idea for sales giveaway. return a call. sign a contract. pick a tie. take a break with mr. duck. practice up for the business trip. fly to florida. win an award. close a deal.

hire an intern. and still have time to spare. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business. built for business. >> key emails the agency says have gone missing. fox news learning the issue is bigger than the i.r.s. initially admitted. house republicans say the agency knew as far back as february it did not have all the emails connected to lois lerner at the center of the scandal and the emails of six other prominent i.r.s. officials are also missing. house republicans speaking directly between president obama and the targeting of conservative groups releasing a report. it points to mr. obama's speeches as a main influence on the media and then on the agency. the report says i.r.s. employees read and acted upon the news reports put simply as the

president's political rhetoric drove the national dialogue and shaped public opinions. i.r.s. received and responded to the political stimuli. the commissioner will testimony about lois lerner's missing emails. agency claims they vanished because of a computer crash. one expert said that's highly unlikely. >> in a large organization such as the i.r.s., it's extremely unlikely for the data losses to occur. we need to pay attention to this because when you're actually going through a computer loss, when data is being lost, there should be an incident trail that actually shows what actually occurred and the steps taken in order to actually see if they could recover that data. if that didn't occur, then there's some major problems we have here. >> senator hatch saying he thinks obama administration will go so far as to purposely delete those emails. >> okay. this was not just one i.t. expert that was saying that it's impossible for these emails to

go missing. microsoft program manager has gone on the record by name saying that he doesn't know of any email administrator, let alone the i.r.s., that doesn't have three ways to back up emails. 30-year veteran of i.e.t. said it would take a catastrophic event to delete the emails and not to mention in march of this year, the new i.r.s. commissioner testified in front of congress that all the emails of all i.r.s. employees are stored on servers and always have access to those. so anybody who is involved with these missing emails needs to testify under oath before congress so we can really find out what happened there. >> go to the people, the creators of the emails. this is just ridiculous and how about criminal? you can expect that u.s. department of justice or anybody under eric hold to her do anything about it. they'll sit on this as far as they can and they're all gone. the dog ate my homework. the emails are missing. >> a couple of things here. one, i believe that the i.r.s. could possibly be so incompetent

that they lost the email. they possibly could. then there's that. >> number two, the n.s.a. collects emails and data on every living human no matter where they are, if they work for the gvt or not so put the n.s.a. on the trail. make it part of the snowden package. >> and to piggy back off what sandra was saying, i talked with an i.t. expert this morning who told me if the emails were sent, they exist in several different places, least of all, the server that the computer is so even if they didn't -- >> they can't erase it which is really interesting but do you know what? let's consider that this is an i.t. issue. we've already seen this administration roll out a website for health care so should we be that shocked that an i.t. issue could go this far south? >> no.

we shouldn't be that shocked. >> this is criminal. we have the emails. they're lying. this is ridiculous. >> some people have a website serve millions across the country for health care. >> so this story fell apart from minute one. they said her emails are no longer here because they're on her personal computer and not on servers and the same thing has happened to six people. did it happen to six individual computers or did it happen to the server? their story doesn't make sense on five different levels. how could it be lois lerner's computer and now the server? it cannot. >> it cannot be. it's the principle of non contradiction, pete. i'm so glad you pointed this out. >> i have no idea what you just said but you're right. >> anybody she sends the emails to, they'll be on their servers. there's a chance the emails only went to the six other people on

which case you have them. >> why would lois have anything to hide? >> i want to run this past you. the reason why the i.r.s. actually stores their emails on these server $ because it provides backup and recovery of records to protect against information lost or corruption because it's very well known that spoilation of evidence would be the result of not holding on to any backup of these emails. so does it really matter that these are lost? shouldn't there just be some sort of legal action that takes place anyway? >> well, listen. can you claim the dog ate the emails? >> that dog would have to eat the emails, server, even if you went to poured acid on lois lernor's computer and lit it on fire, you could still recover the emails. fine. we'll go along with this little joke and then continue forward on a criminal investigation and have to do the best they can to put a case forward regardless.

this should not count in their favor. you don't get to destroy the murder weapon. >> the criminal investigation is done by who? >> right. until 2016. >> that's right. who believes we're going to get to the bottom of it. they're recycling. they talk about the backup tapes. why are we recycling backup tapes from 2011? >> why are we using backup tapes? >> very good question. >> is there not the cloud? >> you know what i think is interesting, too, i wonder how embarrassing this is for them. when you look at what democrats are dealing with right now, ron widen out of oregon is actually the person pressing. you know what? we'd better make sure there's nothing more to this and we actually would like to see the paper trail on what is there. so if you have a leading democrat on the finance committee actually pressing for information, that's an indication that politically, this is toxic for democrats. >> by the way, republicans can do better than saying the president was throwing out secret signals and the i.r.s. knew to start targeting people

he doesn't like because he was upset with the citizens united decision. there's plenty there. come up with something else. by the way, it is a bipartisan issue, transparency. >> notice they don't lose anybody's information when they're charging you excessive penls while your case is pending. all right. personal knowledge. we're waiting a state department briefing on the suspect arrested in connection with the benghazi terror attacks. we'll hear from greg who spoke to that man just one month after the deadly assault. [meow mix jingle slowly and quietly plucks] right on cue. [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. t! [bell rings] this...is jane. her long day on set starts with shoulder pain... ...and a choice take 6 tylenol in a day which is 2 aleve for... ...all day relief. hmm. [bell ring] "roll sound!" "action!"

>> fox news alert. u.s. special ops forces nabbing a major suspect in the benghazi terror attack. the accused terrorist now in custody on a u.s. navy ship. greg is live from london. he spoke to the suspect one month after the attack. greg, what was abu khattala like? >> sandra, he was markedly relaxed when we spoke to him. it was about five weeks after the attack. we were preparing a report for fox news and we wanted to talk to hip. we got in touch with him. it was not too hard, i must say, to get in touch with him. we met him at a hotel in benghazi. we sat with him at a terrorist outside and had some soft drinks with him and he told his tale. he did, sand ra, admit to me that he was at the scene of the consulate attack in september 11, 2012. he did say, however, he had nothing to do with the planning. he claimed he was there to help

out fellow militia members who is part of a militia ring leader in benghazi who were supposed to be protecting the compound who he heard were injured. he also claimed this is pretty outrageous but he claimed he was also directing traffic because it was quite chaotic but he said he was not a ring leader and he was quite open about it. he also tellingly, though, sandra, told me that he had no remorse for the killing of ambassador stevens and three other americans. he claimed that the u.s. should have nothing to do with libya and internal politics. when i foupointed to the sky, y could hear what we believe was a u.s. drone aircraft overhead and he looked up and said that's no problem for me. but again, quite open, talking to us and in fact, again, five weeks after the attack and i asked him point blank, have you been contacted by anybody, u.s.

officials, libyan officials acting on the part of the u.s. investigating this man. he said no one had approached him. we were virtually one of the first people from the media to talk to him. he had had a few other interviews around that time a few days prior to that but again, very open, very calm. he claimed he was not a master mine at all. he had nothing to hide. apparently from today's events, i've learned in the past couple of days the u.s. thinks otherwise. >> all right. so this is a guy who was kind of boastful, relaxed, arrogant it seems like in his demeanor the way he was recounting the events but were you really surprised he was going to minimize his overall mastermind involvement to say that he was just one of the -- not a key player but on the collateral involvement? >> i think that might have been his strategy at the time. he was basically hiding in plain sight and he might have thought and this is con jenjecture on o

part, if he claimed he had nothing to do with it that he was just an upstanding citizen or upstanding militia member in that very hot bed city of bone -- benghazi, thgd be the way to get him off the hook. he would he was a key figure in a militia group a long time but there was a splitting of ways from the leadership so he was not a part of that group according, once again, to abu khattala, in this interview and again, we sat there and talked to him for an hour or so. he was there without a major entourage at all. he had a young aide with him and he did not seem to be nervous about any officials approaching him or whatever. he was just sitting there talking to us about the incident and i have to get back to this one point, though. at the bottom line, he kept denying, denying any kind of culpability in the planning of this attack but again, he said

he had no remorse, that he had no problems with four americans dying in that consulate complex and the adjoining annex, that again, the united states had no reason to be there. so maybe a little bit of an explanation for what he eventually is being charged of being involved with, that is masterminding or a key player in that attack on the consulate. >> greg, besides denying involvement with this case, why was he so easy to find? why was he so relaxed? did he explain that at all? >> again, he was denying involvement but again, that might have been his motive that people had seen him, he had been spotted there by other witnesses and we spoke to other eyewitnesss who were there at the scene around the consulate and they said that there were groups, islamist grups -- grups dressed in various garb and

pinning the attack on more groups that are still operating in benghazi, so those kind of groups are there. he's been spotted there. i guess he has two strategies. either he goes off into the hills or he goes off to a training camp or he pretends that he had nothing to do with it and he was one of many militia members and there are a lot of militias of various tribes in benghazi, then and now. >> it's kennedy. i have a question for you. does this signal a big shift in the way that terror suspects are prosecuted? he is presumably heading back to the united states where he will be charged and read his miranda rights, i'm assuming, so what does this mean and do you think there will be protests in places like new york where there are a lot of people that aren't excited about having ter or trials in new york city. >> there were too many people saying he was a suspect and he wasn't all that hard to find as

we found out many months ago. so the act of the united states moving in and getting him was kind of inevitable. trying him basically on the territory of libya in benghazi i think would be a non starter. right now that country is in turmoil. there's basically no judicial system of standing. there's no government of real substantial character there right now. there's turmoil officially so in fact, the idea that he might be in some way arrested by local officials, tried there in benghazi, i think probably the folks in washington say that wasn't going to happen. everything was pointing to them to keep them going after him and there have been reports that there was another thinking about going after him several months ago and the decision was at that time it was too hot. perhaps now the special forces, the pentagon decided that this was the time to act. >> all right. greg is joining us today with

all the latest and your conversation with the suspect giving us some perspective on this. greg, thank you very much. we appreciate it. i want to bring in now some words from the president. president obama has just issued a statement and it says in part -- it's rather lengthy but this part is kind of key. he said the suspect will now face, quote, the full weight of the american justice system. we've been talking amongst ourselves here on "outnumbered" about what the legal way forward might be. i also want to mention, he says even as we welcome the success of this operation, we also pause to remember the four americans. and i think that would be fitting for us to at least say that now. you've heard their names and seen their pictures in our coverage here but just to take a moment as the president has in his statement, he said as i said shortly after the attack, goes on president obama, they exemplify the value we see stand for as a nation.

that takes it back to the human element. let's talk about loss. pete, we've got a situation now where he's on a u.s. navy ship. the president now says he'll face the full weight of the american justice system. this answers some of the questions we've been asking. >> sure. civil, criminal justice system. not military justice system which has a particular set of protections that are afforded to those in that system which are, i believe, and many believe way more restrictive than you would need in extracting information from terrorists conducting terrorist operations on the balthdz field. i want to say one thing about timing. he could run for the hills or pretend he's hiding in plain sight. timing matters because if you follow on after the attack and go after these guys, it's more likely you have an understanding who is involved in the attack. he can't become the one fall guy. it wasn't just him regardless of whether he was the ring leader. these are dozens and dozens of people that organized different militias so it doesn't stop here and we do have to remember the four that lost their lives that day.

>> why is he the one in the open? he's been waiting, standing there waiting to be en snared in the net. who else is out there? >> the president alludes to that in his statement. the u.s. will continue efforts to bring to justice all those responsible for the benghazi attacks. >> we have this in on the urgent wire from katherine harris. abu khattala is on the ground manager for the assault and we believe he reported up the chain to al qaeda. he was a member of a terrorist group and the administration may make the argument he was simply a local militia leader and not with formal connections to al qaeda because that would be problematic for them politically since they said that al qaeda doesn't exist anymore but note this individual at least in his interview said that he was affiliated with al-sharia that he led them but he was someone that was of significance with that group and we believe to be the on-ground manager of this

operation. >> you're talking about seman c semantics whether he was with or wasn't with al qaeda. look at the person head of isis, carrying off the move through iraq right now examine -- and killing so much in that country. also said to be tied to al qaeda just in terms of inspiration, if you will. it's interesting how you can't get away from coming back to that one organization, particularly with benghazi, though, because from the very beginning, we were told they had nothing to do with it. >> and it's also -- you're talking about a grup of militants who clan up and work together when they've got a common goal. i think it's really important for the u.s. to not be that common goal. obviously. but it is such a post modern world where you have -- you know, who knows who is fighting? who knows if it's al qaeda? who knows where the head of the monster is and how you chop it off and if that's possible. >> for those keeping track, it's been 642 days since the benghazi

attack and now we have this man in custody. we are waiting a state department briefing on the suspect arrested in connection with the benghazi terror attack. we will bring that to you live when it happens. stay right here. and polluting the airwaves with lies. they're trying to overturn the epa's carbon pollution... standards by lying about electric bills. the same kind of lies they told about limiting smog, soot... and acid rain. they're fighting against energy efficiency measures that... would lower your bills. just to protect their profits. washington: tell polluters to stop the lies and clean up... their act. sfx: car unlock beep. vo: david's heart attack didn't come with a warning. 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.

mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition in charge™. >> we are waiting a state department briefing, a matter of minutes. we'll bring that to you live on the capture of a man considered to be a ring leader in the benghazi attack. as we await those remarks, pete, your thoughts? >> i thought we were talking earlier about the distinction between core al qaeda and affiliates of al qaeda and i think this administration has delineated, we decimated core al qaeda while ignoring this massive underbelly that has a connection to the beliefs of al qaeda and in iraq take him more radical than al qaeda in their outreach. what we saw in benghazi, what we're seeing in iraq, what we're seeing in other places in libya and syria is a march of radical

islamists, whether technical al qaeda or not. in this particular occasion, i hope others will press hard on that affiliation as they always have. i think it's important to remember it's just a name of al qaeda isn't the only thing that designates them an enemy >> we talk about the brazen nature of this man. in the days following the attacks, sipping a strawberry frappe at a luxury hotel scoffing at the u.s., in fact, and he really hasn't been in hiding but yet, it's been years and now a capture. >> it's really interesting and, you know, pete and i were talking about this earlier in the show and i hope i have not become a jaded cynic and i hope it has not gotten to point where i think that every story is politically motivated but it seems to be in this case if you knew where this guy was, if you have known where bowe bergdahl was, why change the narrative of certain stories? it's twofold. one is perhaps it's a political motivation on the part of administration and the other one is this guy has nothing to fear. he's going to the united states,

he's going to be kept in federal custody. he's probably going to have perhaps a better life and meet some bros in lockup where they can exchange secrets for the next go around, whoever the common enemy might be. >> this is from speaker boehner and he said it is obviously good news this terrorist, calls him a terrorist, is now in. we talked about how the administration has not until now. i'm grateful for the work of our military assisted by the f.b.i. in capturing him. i look forward to hearing more details regarding the raid and i expect the administration to give our military professionals time to process this and to properly gather any useful intelligence he has, end quote. speaker john boehner now just crossing a statement from his office. it's interesting how he's very clearly gone forward and said exactly what he thinks this person is. i am curious to see. you know, we saw something just cross while we were in a commercial break and pete and i both said, oh, interesting.

there is a push now, and we saw the senator say this. don't mirandize this person too quickly. how long will they fight the waves on the ocean on the u.s. navy ship? it will be interesting. >> that obviously is also not -- that is not just something that's happening because of circumstance. i mean, there's a reason to detain someone for a long period of time. and also international law is very different than in the united states when you're on the boat in the middle of nowhere. >> what a de facto acknowledgement we're on warment they're going to pause for multiple days at sea to interrogate the guy. they know we're at war. they don't want to admit there's people that want to kill us. >> it's a big shift and going from a place like guantanamo bay to bringing people here for american justice, that's a very different strategy. >> it is. >> i just wanted to bring in a few facts about the actual capture. you know, we heard from jennifer

griffin minutes after we learned of this who said that we learned that he did not know that this was coming. remember, he had not gone into hiding. he made that very clear. he was grabbed quickly. we know, pete, that it was a special forces, a small special forces team and an f.b.i. agent that were part of the operation. he's now on a u.s. naefl ship headed back to the u.s. where he said he's most likely being heavily interrogated by u.s. >> i hope so. i got to believe he is and there was an operation in october that occurred of 2013 where we nabbed another gentleman, what do you call them, terrorist, and we were hoping to nab this guy as well and we're not able to coordinate that timing due to other things that were occurring so i think there may have been previous attempts to get him and not to push back on the political narrative, i think there's a political angle to this. there are windows of opportunity when your source on the ground knows go and you act and that could be the case here, too. >> this is just from "the washington post" reporting. >> criminal complaint has been unsealed. >> and part of that, and this is what i want to ask you about, a

part of the criminal complaint against him says providing, attempting and conspireing to provide material support to terrorists resulting in death. it's a lengthy document obviously, but as this is coming from "the washington post" reporting, we have the actual criminal complaint. >> right. i think that's great. it's well worded. when you're going to prosecute someone like this, you want to make sure and use a language that shows that someone could be held liable as a coconspirator. what i would need them is send forth the facts of what happened and then overt act in furtherance of that. he can't just simply be absolve by saying i was just directing traffic. i used to be a member of this group. wrong place, wrong time. no. they will show specific actions that he took at the time that helped assist and aid and further the attack against the u.s. troops that were there and in fact, again the ambassador and the people assisting him. they'll be held liable. that's the best way to get somebody in a criminal prosecution. >> supports the terrorists,

though. when you talk about war and put it in quotes, you've been saying on this very show, why is that word specifically significant in this document, do you think? >> it is. terrorism, we must all acknowledge and remember is a tactic used and we call it the war on terrorism and incorrect naming of what it really is. it's against radical islamist that seek to destroy us. terrorism is what they use. this administration will make that delineation very clearly. we use it in the context as war on terrorism. they're saying it was a terrorist act against an individual embassy and he'll be charged as such. >> statement from secretary defense chuck hagel on the capture of abu khattala. i want to commend all the service members who were involved in the planning and execution of the operation to capture abu khattala. their tireless efforts may only be known to a few but felt by all americans who are proud what they have done to defend this nation and goes on with more which is just giving you some of the flavor and the ex texture of things coming from

washington, d.c. off to the left part of your kreen is that state department briefing that we are waiting for. they're already a few minutes past the time we had anticipated. we're watching it. we'll take a quick break. when we come back, more of this news that's breaking. stay close. i do a lot oresearch on angie's list before i do any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.

sweets become salaries. an oven heats up a community la cocina, a small kitchen that kick-starts the careers of 41 entrepreneurs. they bring the talent. we help fund the tools. it's a small way we help that's been huge for the community. little by little we can do a lot. because... small is huge. visit www.wellsfargo.com to see how big small can be. and that's epic, bro, we've forgotten just how good good is. good is setting a personal best before going for a world record. good is swinging to get on base before swinging for a home run. [ crowd cheering ] good is choosing not to overshoot the moon,

but to land right on it and do some experiments. ♪ so start your day off good with a coffee that's good cup after cup. maxwell house. ♪ good to the last drop

>> this is a fox news alert. we're waiting the state department brief. it's now scheduled for 1:00 p.m. eastern time. national security correspondent jennifer griffin joins us live at the pentagon. the criminal complaint has just been unsealed. why did they not go after abu khattala earlier? >> well, what's interesting, kimberly, is that they did trying to after him at least once before. we know from well placed sources that back on october 5 when delta force operators went into libya and grabbed libbi, another

high valued target, that they were supposed to go into benghazi at that time and capture abu khattala but something went wrong at the site and they had to pull back. so this is actually the second time they have targeted abu khattala. we also know from sources they've been watching him for some time. in the 19 months since the attack, he had given multiple interviews, not just to "new york times" but also to greg and to cnn so he was living a life where he was not feeling the pressure and we understand from sources who are knowledgeable about how this capture went down that he did not see it coming. we also know that there were no other people killed during this capture raid which happened on sunday. >> all right. you heard earlier in our interviews with greg, abu khattala was trying to minimize his ties, his involvement with sharia and he said he was no longer with that group. your thoughts? >> well, sources that i know who are very knowledgeable about

this case tell me that there is videotape of him at the site of the attack, that he was the -- giving orders on the ground that night and so they feel that they have quite a bit of evidence, including those videotapes showing him being involved in more than just a bystander at the attack that night on september 11, 2012. >> all right. jennifer, thank you for that. the very latest live from the pentagon and that does it for us. the state department briefing and happening now is going to continue with this breaking news on the fox news channel. when it comes to good nutrition...i'm no expert.

that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a delicious taste. grandpa! [ female announcer ] stay strong, stay active with boost. shingles the pain in my tremendouscalp areailot. and down the back of my neck was intense. it would have been virtually impossible in that confined space to move to change radio frequencies. i mean it hurt. i couldn't even get up and drive let alone teach somebody and be responsible in an airplane.

as a pilot that meant i was grounded.

a fox news alert on three stories that we are following. we are awaiting the briefing on the arrest of a militant accused in the deadly benghazi terror attack in 2012. he is now in u.s. custody and we are live with the breaking details on his capture. and thousands of e-mails subpeonaed by congress. it was lost by the irs. and latest on calls for a special prosecutor to get to the bottom of why the irs was targeting conservative groups and gm adding to the recall troubles. millionsor