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. millions more vehicles pulled

off of the roads for a familiar reason. >> let's start out with the top news of the day. a key suspect for the attack on the consulate in benghazi under way. i am jenna lee. >> and i am jon scott. he was captured sunday. abu khattala now on's u.s. navy ship and president obama said he will face the full weight of the mefrn justice system in the attacks that left four americans dead including ambassador stephens. >> reporter: 642 days have passed since the benghazi terror attacks and the apprehension of abu khattala on sunday. the president is speaking out for the first time saying in a written statement that he authorized this operation and special forces to go in and

bring in the suspect. bottom line we are told that the president authorized this operation friday. he spoke out on iraq before heading to palm spring, california for the weekend. apprehension came on sunday and all leak out today. the president saying in his statement we'll continue our efforts to bring to justice those responsible for the benghazi attacks and we'll remain vigilant and prioritize the protection of our service members and civilians overseas. four americans were killed in the terror attacks. and republicans have raised questions of why the administration had shifting stories and whether it was a terror attack or video and questions as well as to why the suspect was charged by the justice department last year. and did introduce and was not captured for many months until this past weekend. another new development in the

last few moments. they praised the mission and raising questions of what is next in terms of the prosecution of the suspect? rather rushing to read him miranda rights and telling him he has the right to remain silent. i hope they will focus on the intelligence necessary and define the other terrorist responsible for the benghazi terrorist attacks. and the justice department told reporters they will not say whether or not the suspect was read his mir apda rights and upon capture he was brought in from intelligence interrogation. and a big question coming up in the hours and days ahead is the intelligence. are we finding new information about exactly what happened in benghazi and at that facility? back on september 11th, 2012, and number two, are we learning about new suspects that we are

trying to bring to justice, their where withes. >> good news they got this gee at last. more on this is from the senior vice-president and former senior intelligence official. bob, thank you for being on the program. talk to us about what ed henry just talked about there. there is an interrogation that happen or ongoing. what is going on right now? >> that is an important point. it is a question to ask, what is happening with him now. and what is going on with the interview. first and foremost, it is about fresh intelligence and other acts that are underway and cohorts and other vital intelligence that speaks to national security issues, more so than what happened in benghazi. >>ç looking forward than what looking in the rearview mirror. >> how dow get him to talk about

these things? probably joint terrorism task force and fbi special agents. and the case agents invariably would be involved whether it is where abu khattala is or in a remote location. it is the copious amounts of information from the case field and u.s. intelligence reporting that informs the steps with the interview. >> what kind of time frame are you working with? we know he's in u.s. custody. but we don't know where he's headed or how it will go down? >> in the immediate, the pressure that the pros with him right now are under. time is of the essence particularly with the bits of information to disrupt the plots and provide communication notes and counterparts. there is a lot of pressure in the first few minutes and hours

are critically important. knowing from experience, it is building a rapport, or a relationship based approach that gets to what we call an operation accord. >> how many interrogators will have a chance to talk to him? >> typically a lead in interviewer and counterpart and there may be teams. what it is predicated on is how well it is going. you keep going as long as possible and provide medical issues and taking care of those kinds of things and information is the name of the game. we are waiting a state department briefing and we'll learn more about what is going to come for this one individual. >> he has spoken a lot. and the interview was given to the new york times and western newspapers and also the newspapers in the arab world as well. based on what you have heard from him, what do you think

about this guy? how big of a deal is it that he is in our custody. >> he is under indictment and wanted by the u.s. that is major. born and raised in libya and early 40s and spent 20 years in the prison under the gaddafi regime in tripoli. he is reported to be the hardest of the hard-core theories. in fact, he has said, and he's known to fight other hard-core sunni extremist that don't believe the way he does. after gaddafi fell, he had skirmishes with other sunnis on that site. and in part of the tragic attack. he is known to head up a group,

the a ba brigade. it is small but good witness reporting and he himself placed himself in the night of the attack. >> you believe there is a strong case against him on the night of the attack? what happens if he is in our custody and he doesn't talk? >> i have to say that i doubt is the case. but there is always that possibility. there is other ways to build a case. his own statements in the press about being there. >> it is great to have you. we won't know everything but good to know that there is work done. >> we have a copy of the criminal complaint filed and one

place shoes he is charged with firing a fire arm and dangerous weapon and conspiring to provide material support for terrorist involving death. and possessing a fire arm during and relation to a crime of violence. it is said that this man is seen on the the surveillance videotapes rolling that night at the u.s. facility, in benghazi. and as we learn that american forces captured this suspect, president obama is ordering 300 troops in iraq to guard american lives there. with the blood shed in that country getting worse by the day. >> an explosion in the baghdad district killed ten people. it was on a system 40 miles from

baghdad. isis fighters may have got their hands on powerful american weapons. here is the disturbing revelations about that. canner. >> reporter: we are hearing about explosions in baghdad. fighting going on and killing in the religious lines and the scary news. isis fighters continue their push in the country and we are hearing that they now have acquired an american made stinger missile. they seized them from the iraqi military during the battles with the army and when the army fled their bases. this would give them a powerful new tool in battling iraqi and international forces there. as the situation worsens there, the white house is ordering 300 american troops to a rack to secure the embassy there and

american facilities in the country. troops and combination of marines and special operation forces and they are there in defensive position. they are not there for combat. that could change if president obama orders military irpt vention and a sign of how bad himmings are going. the u.s. is openly talking to iowa ran to work together to stem the rise of the insurgents. iran backed the government there in baghdad. this type of cooperation between u.s. and iran was unthinkable but teheran and washington have a vested interest in seeing a stable iraq and prevent the rise of sunni insurgent coming over from syria this type of cooperation is unthinkable and where it goes is unthinkable. that is how bad it is in iran. >> unfortunately they have a different definition of what

constitutes a stable iraq. connor power joining us from jerusalem. new information in the search for answers in the irs targeting scandal. law makers following revelation that e-mails to and from lous learner were lost bite irs. mike emmanuel has more from capitol hill. >> reporter: now the irs is telling congressional investigators it cannot produce e-mail records of six other agency employee yet much of the focus remains on lois lerner who refused to answer the questions and the targeting of conservative 2k3wr0u7s. they have retrieved learner's internal e-mails. and the tax collection agencies emphasizing that more than 250 employees worked more than 120 hours in a cost of 10 million

and delivered 67,000 learner e-mails. the senate republican leader accused the obama administration of stalling. >> the latest claim by theires, it lost two years worth of e-mails and the woman in the center of the scandal. they lost two years worth of e-mails. but congress submitted a request for the e-mails a year ago and they are telling us now? . irs commissioner has been called to testify by two house committees about the missing e-mails. he met with them last night and utah senator warren hatch said he was greatly disturbed by what he heard. a white house spokesman told reporters that there is achlle evidence to indicate a good faith effort was made by the irs

to cooperate with congressional over sight, yet many law makers feel like the missing e-mail ç 67ar areio doesn't pass the smell test, januaria. >> coming up more on our show today. >> it doesn't pass the smell test. e-mails from former irs officials lois lerner, supposedly vanished because of a computer crash. should a special prosecutor attack up the investigation. plus iraq in chaos, is this an example of president obama's bush hang over? we want to hear from you. how do you think we should prosowed next in iraq? go to fox news.com/happening now and get in on america's discussion. 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®.

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is that the way you see it juan. >> no, you have a president in tower and what you have got is a president who has a hang over earlier and dealing with his own answers and the problems with those answers and the problems he encounter ared when he first became president. >> some single he could have done more to get use forces and stabilize that country and get that government up and running. and so it would be better able to handle the attacks it is facing now. >> you know, i find that a puzzling argument. it would have required the president to make tremendous concessions to malkey. we have given so much to the effort to try to help iraq stand on its own feet. one of the key differences

between bush administration and the obama administration, is the notion of nation building. and where as the bush administration felt in some ways we would inspire people to a democratic principle and nation build, the obama administration is clear, we are not in the nation building business, unless it is here at home. >> a ri flesher who was the president for president bush said the only question was did the obama administration make things better or worse. and he said president obama made things worse, your reaction? >> i don't think that is right. clearly if you get in the blame game, then you open it up to all of the political arguments that come with that, john and people saying why did we get in the first place versus the way we are trying to manage the situation which is putting american interest first and

foremost. they are clearly served by anything that eliminates the hospitalible environment for terrorist and terrorism. that is what we are coping with now. it is a war of choice and necessity and the argument against the bush administration that it iraq was a war of choice and obama making the case that afghanistan is a war of necessity and to say things are worse off ignores the idea that we are coping with fast- changes on the ground in the middle east and making sure we don't get beat. that is necessity and not choice. >> maps of that world is being redrawn in front of our eyes. thank you. >> thank you, jon. general motors is announcing another recall. and a takedown today.

u.s. forces capture a benghazi suspect. what we are learning about the murder of the four members at the consulate. when it comes to good nutrition...i'm no expert.

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headaches for general motors today. another recall announced today. >> reporter: gm recalling 3.2 million cars in the u.s. for ignition switch problems and heavy key chains and jostling can cause it to move out of the rupposition. here is the list right now of recalled vehicles covering a span of 14 years. gm said it will take a 750 million charge to cover the recall expenses.

it is not enough repolicement parts to it fix it right away. out of the first cars recalled not even 2,000 oaks will be fixed. gm will be on the hot seat in capitol hill tomorrow. the investigation will have testify before the house committee. they came down hard on gm and company culture. he is expected to come down on gm engineers debated whether the fixes were cost-effective. focus on cost was driven by the failure to understand that a safety defect was at issue. the defect that killed 13 people. in the prepared testimony will go in detail on how gm is making safety a priority. 18 million gm cars recalled here

in the u.s., that is more than gm solid here and a third of them are related to the switch recall, jeopa. >> a big story for the committee and business as well. capture of a key suspect in the 2012 benghazi terror attack. for more on the suspect here, abu khattala, we are joined by ba rak ba fee who was six months in libya in the revolution. who is this guy? >> boot bot he was a movement of the sharia that sprung up after th the refalation. abu khattala has proclaimed everyone in libya to be infedells. >> he was a enemy of gaddafi.

this begs the question of what happened to gaddafi and the power vacum that came in to place. >> this is one of the reasons that he became so popular. he spent years under the gaddafi after the ref lugz and they respected him. and people came to him for mediation service and in the power vacum that was created. people like him became powerful. >> he said he played no role in the attack and he was on the scene after the attack got under way and he went in to the compound to rescue libyan personnel. is this a way to discredit that? >> it is difficult for him to come up and say what he did.

people saw him on the scene directing fighters. it was a picture from the new york times that authenticated and in court, he will have to explain what he was doing. there he gave many, many reasons that all sound dubious. >> would you guess he will provide enteleigence information as authorities debrief him? >> what he will give information is known as a decksteri movement that excommunicates muslims from society and it is strong in benghazi and east of benghazi. they may have linked to larger movements of an sware sharia. if he can give insight in the opaque world. >> it is more important about the information on the terrorist

movement today than what is 1220? >> that was the primary reason he was incarcerated. he can give information about the global jihaddist network and that is more important moving down the road. we are looking to prosecute people for benghazi and we also want to prevent attacks like that from the future. >> ba rak, thank you. >> and great insight about the bigger picture issues that could be talked about in the interrogation that is taking place on the ship as the man is heading back in the united states. nothing happen in the vacouple. what happened that night and what happened since. >> and now calls for action against the irs. the aenls lost two years worth of e-mails subpeonaed by congress. we are just learning about this. republicans call the timing

suspicious. >> and a powerful storm slamming the midwest. one small town getting a brunt of a pair of tornados. we have a live report on the aftermath. ugh. heartburn.

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powerful storms in nebraska. twin tornados just touchdowns down and we'll bring you the latest in that area. certainly a lot of destruction.

15-year-old girl killed amongst the motorist. >> and another big story. growing calls for a special prosecutor to look in the irs political targeting scandal after the tax collection agency said that it lost more than two years worth of e-mails from that woman. lois lerner who is the former official over the targeting tea party from extra scrutiny. >> and it can't produce records from six other irs employees involved in the alleged targeting and joining us is doug burns and a list wheels a fox news analyst. it smells fishy. first to you, doug. >> lessons of watergate. it is the cover up more than what is going on.

let me everseerate the excuse. forepzices experts can retrieve the information not withstanding the crash. they can get the e-mails which was who it was sent. to >> you have to figure out all of the e-mails. >> they have subpeonaed the commissioner of the irs and call him in and get to the bottom of it. >> it is a good start and i am loathe to say special prosecutor because i was involved in the impoachment of president clinton and tasked on ken star. and after that the statute went away. and now we have independent counsel. at a certain point when you talk approximate a potential cover up and maybe the doj is not the right place to put that and that would be a special prosecutor. >> and the e-mails went to

outside groups. e-mails they cannot find is the e-mails that did not go to other irs employees which suggest the white house? >> how are they retrieved when you don't know where they are? >> they have to subpeona the hard drive and computer. and many, many cases computer people retrieve data people think that is crashed. and i worked with them in cases. >> assuming that you are right and i do agree with you. don't you think it is really strange that they just lost the e-mails. >> and ironically they come up in irs cases a lot. we had a flood or fire. you hear that all of the time. here this is particularly weak. but the computer crashed so what. get the hard drive. not to be a broken record. they can retrieve the data. >> and the fact that you know, it is the irs. it is the agency that will hound

you mercilessly if you can't provide a copy of a check. my computer crashed. you think they listen to us? i don't think so. >> they lose the corspopdants when they try to get your money? no, they don't. and they are remarkably efficient and a lot of times they are. getting the last 1.82. but this is two years. >> come on, >> special prosecutor when you have such a gap with this kind of nonevidence retrieved, that seems to call to me that you need someone in there with clean hands. >> does that idea appeal to you? >> this department of justice and a lot of arguments that it is political and so forth. >> it is doj officials that complain to me and it could be

politicalized. and a list is right. look at ken star and other independent councils. there are problems with too zealous and over reaching. >> several congressional committees are trying to get to the bottom. >> congress will be more effective than the doj. >> doug burns and a list wheel, we'll hope they find the e-mails. >> and we'll head back out west, we have seen terrible storms that are deadly specifically in the state of nebraska. and mike to bin is there. mike? >> reporter: right over my shoulder now and give you's look at all of the devastation and the path that the tornado took. 2 or 3 miles making a direct hit on the town of pilder, 350 people. you can see the path the tornado

travelled. first responders are in the debris and resident picking through the debris. and just off of the screen to the right, a house that is still standing and that gives you an idea of how focused the destructive power of the tornados can be. and behind me, i want to look at the house that was stripped down to the the foundations. you can see it # a basement. they give a lot of credit that the casulty figures are rather low given the direct hit. stories where people are on the cell phones and they were talking to people saying i am looking up and can i can see the sky, because my home was stripped out over the top of me. >> and aerial footage is the different colors of the earth. the dark earth is where it

travelled on the ground and churned up the spoil and exposed that dark rich, wet soil. and the impact of looking at two tornados side by side. the initial weather service issued a prelimary they were ef three and about medium in terms of destructive ceremony. you can see the pavement. they are a powerful tornado coming through here. and problem not the most how can

that impact iraq's future.

the president is in pittsburg making remarks about the benghazi arrest. let's listen in. >> that is one of the masterminds of the attack. (applause) and he is, (applause) he is now transported back to the united states. i say that first of all because we continue to think about and pray for the families of those killed in that terrible attack, but more importantly, it is important for us to send a message to the world when americans are attacked, no matter how long it takes, we will find those responsible and we will bring them to justice. and that's a message i sent the day after it happen and

regardless of how long it takes, we will find you. and i want to make sure everybody in the world hears that message clearly, because my first and most solemn duty as president and commander in chief, is to keep the american people safe. and there is a lot of dangers and challenges and our diplomats serve with incredible courage and val our and it is difficult situations. they need to know that this country hask will always go after anybody that goes after us. >> now, with that in mind, let me get to the point of this gathering here today. i want to thank mark and jim for the great work they have done in setting up a tech shop.

we made enormous, in the ve vitalizing american manufacturer. there was a time when people felt as if no matter what we did. >> we got to the head line, the president commenting on the operation that he authorized on friday as we understand it. it took place on sunday when abu khattala, the man wanted for connection in the attack on the u.s. diplomatic facility in benghazi, libya was picked up with u.s. special operators in libia. and he's on the way back to the united states to face charges including murder charges. the president making a comment about that and making an appearance in pittsburg in a manufacturing facility to tout the successes we'll move on

there and highlights for most americans. we are monitoring the briefing and the president is speaking on it and it was the most important headline. >> and the briefing from the pentagon when that takes place and they are not always on time. we'll go back there. >> a lot to keep an eye on and in the meantime combating the terrorist storming through iraq. the white house said all options are on theitably. the obama administration is considering direct talks with teheran to determine a way to get a more stable iraq. talks started face-to-face in vienna. we have now a research fellow in

the hoover institution. corey, your expertise is in building coalitions and what do you think of this one? >> we and the iranians have differing views. and while we may have the latitude for elemented tactical cooperation to prevent the government from falling to isis. i wouldn't take it far. >> where would you take it. where should we look for support in the region? >> it is a great question. if i were building a coalition to prevent isis out of iraq. i would get the turks, and on the syrian/turbish scomboerd get wide cooperation, and if we don't want to get pulled in the

desput between qatar and saudi arabia about the muslim brotherhood and the role of islam. i think the broader the coalition lessç likelihood we will see. and determine long- term influence. and we need to be careful about the long- term affects of the near term choices. >> and it is interesting to note that iran accused saudi arabia of funding the terrorist in his neighborhood. he is not the only one to include saudi arabia in the meddling. and how do we build the coalition and not look like we are picking on the shiits and sunnis and getting in that a leiance that could be problematic for us.

>> we already look like we are doing. that sunnis were worried about the overthrow of saddam hussein. we are dealing with the effects of it for sometime. and dealing with our choices of whether to embrace the egyptian government first of the morsi and now of the new elected president of egypt, and so we do have to be careful but not let it prevent our action. we would to choose narrowly the participation. and as madison said influences balance against each other. >> in your estimation of what is going on, are we clear enough of our priorities and goal in iraq to state to our partners or those who are not our partners what we want from what is happening? >> we are not.

we need to deconflict them by time. what we want in the near term is prevent isis from taking over the entire country of iraq. we are unclear of what we want for syria and that will affect our ability to build a coalition of iraq and unclear of the larger question of role of islamism and governorance in the middle east. >> those are big topics and it would be helpful. kori, i hope to have you back on the program so we could talk about that which is perhaps the bigger story today. >> we just got word today that the u.s. picked up a top terror suspect. many of the other suspects, including the alleged plotter of the uss cole attack are still in the guantanamo bay prison. a big question of what is next

as president obama attempts to close the camp. we'll look at that. 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. of swedish experience in insidperfecting the rich,ars never bitter taste of gevalia. we do it all for this very experience. [woman] that's good. i know right? gevalia.

>> governors mccain and roib are calling for the suspect arrested in the benghazi attack to be brought to gitmo and not to the u.s. that request was shot down by the democrats. eight 34e7b're under arrest accused of. of terrorism. and the release of five taliban leaders are raising questions about the other people inside of the detention center. they are live with more.

>> the detainee was known by number 72 and he was brought to the detention camp three miles from where i am standing by the high security courthouse from afghanistan back in 2002. he was part of the initial wave and according to the spanish authorities, the former detainee was trying to recruit european jihaddist to travel from spain to fight with isis. we have had a series of arrest to shut down that network. according to the review file in 2004, he was considered to be high risk and continued detention was recommended. and according to the investigation here, it was alleged that he was involved in the jihad in afghanistan in 1998 and significantly recruiting fighters to go there as well. he was transferred to spanish

custody and there was a criminal prosecution and those charges were eventually thrown out. in guantanamo bay, there are two dozen high valued detainees. and a bu, a çshiri was plannerf the uss cole attack and also referred to as the osama bin laden of indonessia, jenna. >> thank you. >> a lot of breaking developments on the capture of the key suspect in the benghazi terrorist attacks. we are bringing you updates on the arrest of that suspect in the murder of three americans and our ambassador.

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>> the real story with gretchen carlsson starts now. >> we are waiting on the brand new reaction from the pentagon. a defense department news briefing is set to begin. welcome to the real story. details coming in about the arrest of abu khattala. they are nabbed him in the. the suspect on a u.s. naviship and heading back to the u.s. to face charges. >> we have the unsealed criminal complaint. >> that is new this hour. attorney general eric holder unsealing the criminal complaint that was fighted. let's quickly go