everybody, tune in tomorrow. >> we've got a busy show coming your way. >> don't miss it. >> it will be really crowded. >> we promise not to be two dimensional. built * good morning. a fox news alert. the first arrest in the benghazi terror attack has been made. ahmed abu khattala in libya. 642 days after the attack that left four america's dead. the white house says he will face justice in a court of law. he's head for new york. a packed show for you today in america's newsroom. martha: i'm martha maccallum. this suspect basically hiring in plain sight for two years.

many reporters were able to track him down before the state department got to him. >> would you agree there has been a rather egregious delay in this case in finally apprehending this individual? >> i would disagree. this is a case where there is no one more committed than the leaders in united states government. >> you are not addressing the central question. why a reporter was able to get within 6 inches of this guy and u.s. special forces weren't for two years. >> reporters have interviewed a range of terrorists in the past. there is nothing new about that. bill: he was tracked down by

gregg palkot in 2012. what did he tell you? >> reporter: he told us his version of the story. it was not that hard to find ahmed abu khattala. we heard about this guy. we reached out to him. he's willing to talk and give us his account of events. he admitted he was at the scene of the u.s. consequence flat benghazi. but he denied planning it and denied he is a member of the militia group. he also claimed he was directing traffic. but telling is he had absolutely no remorse for the deaths. he said flatly the united states should not be meddling in the internal affairs of libya.

he told me he had not been questioned by any american authorities while as you say he was hiding in plain sight. it was pretty wild when we were there. the militias running things. now it's even wilder. that could point to the timing of that raid. a response to that activity by the islamic militias could have resulted in the cap tiewfort suspect in the attack. an ex-libyan military officer is staging an armed uprising against these islamist militias and it's been going on for six weeks. we heard sunday there was a lot of activity between the folks trying to tamp down the islamic militias and it could have been

that. the idea was anybody who would vo been defending khattala would have been too busy fending off the attack and that's why the special forces moved in. martha: what do we know about this man named ahmed abu khattala. we know he was born in benghazi. he is in his mid-40s. until he got on that navy ship he says he never left libya. he spent much of his adult life in the abu salem prison and he was known to be on qaddafi's enemies list. bill: the white house made it clear he will be glide a civilian court. is that the right call?

former attorney general mike mukasey is live with that. martha: hillary clinton in an interview last night stood behind the claim that a youtube video was have much to blame for the violence. but now she he she had her doubts about that even then. >> this was the fog of war. my own assessment careened from the video had something to do with it, the video had nothing to do with it. it may have affected some people and it may not have affected other people. the conclusion to draw, we were not just man tweerg was happening in benghazi once it began to unfold but we had a dangerous assault on our embassy in cairo that same day which waslinged to that video. martha: is hillary clinton changing her story on that?

we'll talk to jason chaffetz and bret baier and what they took away from the interview. and whether they felt it was unfavorable to admit there was an al qaeda presence. bill: that was one of the interesting issues answered in the interview last night. martha: let's get you to the latest on the crisis unfolding in iraq. president obama ruling out air strikes due to a lack of sufficient intelligence on the grounder to targets. pell meet with congressional leaders at the white house today and will discuss his possible responses to the deteriorating situation in iraq. militants seizing iraq's largest oil refinery. but the iraqi army he they have

taken back control of that refinery. kurdish forces battling the isis fighters as they move closer to baghdad. police say that iraqi soldiers had abandoned their post without showing any real resistance. bill: an unbelievable turn of events on the animation running from north to south. this is june 10 in mosul last week. last tuesday as it runs count tigris river into tikrit and veering east toward the iranian border june 13. what is the united states doing to counter what's napping iraq? i'll show you the persian gulf, its relationship to iran-iraq and what we are doing with assets in that area.

the strait of hou. the u.s.s. george w. bush is moving into the persian gulf. this is what you need in a scenario like this if you are going set up operations there. it carries 80-plus combat pair craft. in addition to the u.s.s. george hw bush you have got mesa verde. a transport dock amphibious ship. this is positioned in the persian gulf. the president said no air strikes. will that change zm? right now on the ground if there were air strikes in the country of iraq, you can see the targets that would lay out here. the u.s. embassy is being secured by 275 military

personnel. they were sent there in the last 48 hours. the military personnel would take them to amman or basrah in the southeastern part of iraq. if there is strike or drone support or u.s. activity that will help the iraqi army counter the offensive, where would they go? we talked about mosul and tikrit. but this is the section the isis now controls. so those can be some tarring test as we move forward. why is that so important? the president will talk about it with the leading in the members of the white house and senate. john boehner said he wants a coherent strategy from the white house to figure out all the american gains, all that blood

and treasure were not lost. martha: we heard from some experts on this program that they think isis is not as powerful as they fear. but they are extremely well funded and that leads up to a difficult situation to combat. as the situation in iraq deteriorates the chorus of criticism for the white house is growing louder. vice president cheney releasing a scathing op-ed. he writes this. rarely has a up s. president been so wrong about so much at the expense of so many. let's bring in chris stirewalt. a fox news editor. it's not a surprise that dick

cheney is cite california what's happened here. >> reporter: cheney beat obama pat foreign policy before. shutting down guantanamo bay failed in part because dick cheney plownltd a strenuous opposition. democrats sided with him. when it comes to national security many listen to the former secretary of defense and many think he has points to make. and the president find himself in a situation where democrats, people like dianne feinstein and others are echoing some of the same things coming from critics on the right like cheney. martha: but he's got pelosi and hillary clinton who said she wouldn't do much to help mall hi in this situation.

a lot of mixed opinions on how this should go. when you look at syria issue. the president said congress i am going to leave it up to you. he said congress wouldn't support air strikes. is he going to look for a similar kind of exit in this situation? >> since the president -- the disastrous u.s. intervention in libya that deposed moammar qaddafi and led to an islamist state where there once was a cruel dictator but was a stable force has been replaced by something much, much worse. since the president authored that strategy he has been loathe to get drawn into conflicts including the famous red line flinch on syria which his critics say contributed to the moment this is happening in

iraq. he's probably playing for time. martha: there is a lot of talk we didn't help out in syria early enough and that allowed this group to strengthen there. bill: the heartland hit hard yet again by mother nature. that's another twister hitting not far from a town already devastated by twin tornadoes. we are live on the scene in a moment. martha: how to stop the surge of illegal children. bill: it's not just lois lerner. the emails of six other employees at the irs vanish income the heart of a scandal. jason chaffetz is not buying this excuse. you've got to be kidding me. 13 months ago we asked for these

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don't have a place to detain these high-level terrorists. what we should be doing is getting information from them. we are under severe threat of islamic terrorism. that's a sad fact. bill: you say it's not so important where he's tried but more important how he's intergate. >> what we to the do is getting people in who are acquainted with the intelligence already, who know as much as we know at all about how that attack occurred and can question him, get his account and check it out, double back and get as' intelligence as we can. not simply on him but others involved in this. this was not a one-man information. they talked about himming "a" mastermind.

we need to find out what people he was plugged into and what they are doing now. bill: how long will he be on this ship? is that days or longer than that? >> that's up to the administration. my view is he ought to be on that ship for as long as it takes. and it could be months. interrogation is not just a matter of asking somebody a couple of questions and asking them to sign a statement. you want to get information, check it out, go back to him again and again and again. some people were giving valuable information even years after they were first captured. bill: he could be on this ship for months. >> if they do it right he could. but i question whether he will. i think they may very well curtail it. bill: they came out on libya

also? >> warsami was captured on the high sea and they were brought to the united states in a week or two. bill: he made a public point that what the cia was doing was wrong and it should stop and end. but these ships at sea. this is their plaque side area. so they are doing the same thing. is he having it both ways? >> i wish he were because that would mean they are getting intelligence. i think they are having it one way. i think it ought to be extended as much as necessary. bill: is he read his miranda rights when he gets off that ship in washington. >> they should interrogate him

and get as much information as they can, then send in a clean team that will read him his miranda rights. often people will be quiet as soon as they are told they are entitled to the have a lawyer. bill: you think all this information should be swhaird the house select committee. >> i don't know about all of it. but they ought to have input into what questions get asked and get some of the input. they are conduct an investigation into how that attack came to be and how we came top respond to it. that's part of our political process. bill: michael mukasey, a slow boat to washington. martha: a 1-year-old girl taken from her family over a medical dispute ... a decision to send her home. >> i was on my way back to my office. my wife is calling in and it was

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bill: a check of some of the top stories. the survives of the boston marathon bombing. five people dead, dozens mission after a wooden passenger boat sings off the coast of malaysia. 50 people survived. the boat was carrying 9 ought indonesians -- carrying 90 indonesians back to their home country.

the latest execution last night after the botches execution in louisiana. martha: we are getting an up close look at a series of tornado in northeast nebraska. that terrifying funnel cloud touched down in the city of hardington after the twin tornado ripped through the town of pilger leaving two people dead including a 5-year-old child. look at these horrific pictures. mike tobin with us on the story. how is it going for all those

people today? >> reporter: you have got volunteers showing up. to pull a line from local papers, "this is when the grit kicks in." after everything that makes this thing a town a town was destroyed. main street, the coffee shop, the bang, the school. 86% of the homes. but the wholes are promising they will put the town back on the map. >> first we have to clean it up. and from there -- well, we'll get it done and build it back. these people are strong. >> reporter: pilger is so small, had that tornado joogd little bit north or south it would have missed the town as so many springtime tornado have done. the tornado ef4 made a direct hit. martha: a lot of raw emotions

understandably. we understand there is a severe threat of more of this kind of weather. where is that headed? >> reporter: there is an additional threat and severe weather formed up last night. two tornado formed up an hour north of here. you can imagine the people out here are feeling very, very threatened by what happened. people only survived the tornado monday because some of them hid in their basements. a few survived by hiding in a bang vault. >> you have to ask the man above. we had a lot of of luck and we had people who took it seriously and took cover. but there should have been more people seriously injured if not killed. >> reporter: the current threat involves thunderstorms, straight-line wind and flash flooding and a slight threat of tornado. bill were the general motors ceo is back in the hot seat.

why did it take 10 years to recall millions of cars with fatal flaw. martha: the irs says a computer crashing caused the loss of more than two years of emails that congress has been asking for for 18 months. lois lerner, the woman at the center of the tea party targeting scandal. >> you don't just lose a handful of hand picked emails. it's very deliberate the emails they said are lost. it certainly looks like a coverup. woman: everyone in the nicu -- all the nurses wanted to watch him when he was there 118 days. everything that you thought was important to you changes in light of having a child that needs you every moment.

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bill: the gm ceo mary barr is set to return back to capitol hill. they allowed the problem to go undiagnosed for more than 10 years at general motors. martha: the irs admits they lost track of even more emails related to the targeting scandal just days after saying it was a computer glitch that basically ate up two years of lois lerner's emails. of course they are the two years congress wants to look at. and the irs is saying 6 other people had the same problem.

critics are not buying the explanation. >> i'm shocked that this is their process because it violates federal law, and number two that they did not immediately notify the congress and immediately notify the federal judge when they lost these files. martha: what's going on here? jason chaffetz is a member of the judiciary committee and oversight committee. it's good to have you here this morning, congressman. if you were the teacher in this classroom you would have to call the parents and say what the heck's going on here? >> what do you think would happen if the irs asked you for documents and you say my computer crashed. it would never pass the most basic test. we had the irs commissioner come before our committee. i asked him if they had the

emails what are they doing with them? he said they have all of them and they were toward on servers. because he disup general use or lie -- was he disingenuous then or was he lying? to release this on friday at 4:00 in the afternoon. martha: it's unbelievable he said to you we have them. now they have disappeared. how do you los -- how do you loe something that's so crucial. when you have lois lerner taking the fifth. then you have the huge redactions that wear in what was released. then you have got the rest of the emails seem to have poofed into the ether. what can you do? what's your recourse? >> again, i candidate him directly if he had these. the on excuse was they had to

redact the 6103 information. it was the on the reason they couldn't immediately give them to congress. our recourse now? we have got to explore that with chairman issa. i know he's furious about this. the chairman has issued a subpoena for the actual hard drives themselves. martha: they are stone warming you. short of whose going to do it? eric holder is going to send somebody in there and say i want you to turn over these hard drives now. we'll investigate them. we'll see the issues you were subpoenaed for that you suddenly can't find. >> when this investigation started jim jordan was great being aggressive and revealed the person at the department of justice they put in charge of this was a maxed out donor to

the obama administration. you look at this every step of the way it's infuriating how bold they are say nothing we are not going to do what you asked us to do. martha: the president said he knew there was not a smidgen of corruption in this case. it goes back to how he knew that when you can't seem to get the information that would help you ascertain whether that was the case. >> somehow the president went to this outrageous and we'll get to the bottom of this to there is not at smidgen of corruption. did they look at the emails? if they didn't look at the emails how did he come to that conclusion? somebody was definitely looking at that stuff at some point for them to go more than a year. martha: they said sit would cost $10 million to have the software to that would allow them to keep these emails:'. they say they don't have the

money to keep those fancy emails. >> they were using microsoft outlook. get the geeks in the room. let's get some geeks coming before congress and tell us how there is not a person i have talked to that is an i.t. professional -- they laugh at this and how the obama administration stand behind this, i don't know. martha: i know you will keep us posted. bill: a teenager hid away in the wheel well of an airplane from san jose to hawaii. he can't believe he survived. for five hours enduring frigid temperatures. then flew at 38,000 feet. he says he ran away because he missed his birth mother in

ethiopia. he says his health and hearing are getting better and does not recommend anyone else try this. martha: the doctors said it would be impossible. we thought maybe it was a hoax that he filmed it in a way that made it look like he did. a man find a baby in a dangerous spot. he saved a 15-month-old who was found on the side after highway. bill: thousands of immigrants streaming across the border. what should the administration do? one democrat from texas just back from the border says he has the answer. >> my request into the homeland security department is asking for the resources that will pay for this surge activity for several months so we can blunt these forces that rao are leading to 1,000 arrests per

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baby crawling. the baby was crying, she didn't have but a few more feet and i'm not sure the next man would have been looking. >> he sat with her for two hours and kept the baby calm by playing gospel music on his phone. police arrested the girl's father and her mother may face neglect charges as well. >> i realize i sue obama a lot. i try to sue him before breakfast of morning. they should not be doing this to the state of arizona. they should be flying people back to the home of origin. bill: a surge of immigrants crossing into the country with no aparent end in sight. a democratic lawmaker says the

migrants need to be deported to send a message. he says the only way to stop that flood is to make sure central american countries get the word that they will be sent home. sir, good morning to you and thank you for your time today. what did you see down there? what stories did you hear? then we'll get to the issue about why this is happening and how we stop it. it must break your heart to see these people coming over the way they do. >> when i talk to border patrol. some of them are former military. no matter how tough you are. when you see young girls and young boys coming in traveling thousands of mile to the get over here to the u.s., it has to break your heart. i spent time with the border patrol. i got to spend time with them. one thing they said which was very significant. this is the border patrol i sat with both officers and the agents, they said we cannot

enforce ourselves out of this particular issue so we have got to do a lot more to support our men and women down at the border. bill: people say the government has no desire to stop this flood and the policies of the administration have failed. you yourself, a democrat says our policy needs to change. why doesn't it? >> i don't know. the first thing i ask, the homeland folks should head down there to the border to spend some time to see what i saw and spend time with the border patrol agents. the men and women doing a great job on the field. if we don't change some of the policies, i sat for an hour with the ambassador from honduras talking about how do we get the kid back over there. how do we prevent them from being brought over here by the struggle drug organizations. if we don't change policies and

work those countries south of the border, this wave of humanity is going to continue. bill: in the next 2 years they expect 250,000 more to cross. and they are coming into texas because they know that's the easy route. again i ask why doesn't the president stop this? >> it's a question you have got to ask the president. i want him to change the policy. we have a good protocol with mexico. we have ports of entry. but with mexico we can do expedited removal. we can return people pretty quickly. but with the central american countries we don't have the same type of protocols. i just sat down with the ambassador and talked to the other ambassadors. we have to set those protocols so they can return the kids back to their countries. if we don't send a message the

numbers are increase. in 2009 there were 6,000 kids. in 2013, 25,000. so far this year over 66,000 kids coming in with no parents. it breaking your heart. bill: you don't know who is coming into your country. you have a situation where in the tralt american countries the word has gone out. once you make it to the united states's a one-way ticket. you get to stay there. what you support is to send the message that it's not one-way ticket. >> visits iting some of these countries, -- visiting some of these countries this week, do you know if he' he's prepared to send that message? >> the only message he's getting is saying if you are from central america they will let

you go. this is not a mexican problem. 70% of these people coming over are from central america. we have a cuban policy de facto. if they come in they will give you a piece of paper and you will be released. in my hometown of laredo they released over 2,000 people at the bus station in the valley. in the valley over 8,000 people they left at the bus station with a piece of paper saying they can go anywhere in the united states. you tell me after you pay thousands of dollars, travel thousands of miles, face violence on the way up here, are you going to turn yourself in after you have done all that? i don't think they are going to do that. that's why they have got to do something at the border and change the protocols we have. bill: you know you have a strong voice on this. we'll stay in contact to see what we can get done.

we'll speak again soon. martha: scientists are using infrared technology to reveal an unknown painting which one of the 20th century's most revered artists and it's raising some interesting questions. bill: one family's legal battle to get their little girl back finally coming to a close. >> knowing this is the fight we had to go through to get her here. some people say time is just -- it's been almost irrelevant because there have been so many phases of this. el room until you're sure you do. bartender: thanks, captain obvious. co: which is why i put the hotels.com mobile app on my mobile phone. hotels.com i don't need it right now. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure.

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martha: this is a child custody case we have been watching for a long time on america's newsroom.

not appears to be finally coming to a close. that is a picture of 16-year-old justina peltier. she'll be returning home to her family following a year in the custody of the u.s. government. because her parents disagreed with a medical diagnosis at a boston children's hospital. a new ruling from a massachusetts judge has put an end to this bitter legal battle and her family of course is extremely happy. >> i was on my way back to my office. my wife's phone calling in, whose on the phone, justina screaming "daddy, daddy, i'm coming home"! praise the lord. she is coming home. no strings attached. she is back to being part of the

peltier family and we can start the healing process. martha: why after all the back and forth and fighting over this has she been released? >> reporter: it comes down to the judge's decision. the custody battle between the state of massachusetts and the family is over. in just a short while justina will be exiting this facility in just a short while and we'll be standing by live when that happens. her parents described this as a legal nightmare that started in february of 2013. we have been showing you those pictures for the last year. she was taken to boston hospital to be treated by her doctors and was recently relocated from tufts. doctors that boston hospital disagreed with the diagnosis and said they believe justina had a

psychiatric problem. the parents as you know have been fighting for months off this. the secretary of health and human services released this statement. today's decision is the result of our collaboration with the peltier family and the reunification plan in helping justina along her road to recovery. as we are standing by live here outside of the gates we are expecting a press conference to happen very shortly in which we'll see some of justina's family members here. martha: what a resolution to all of that. thank you very much. bill: the president set to meet with lawmakers to talk about the options on the ground with iraq. the white house is ruling out air strikes. will that change? will special forces head to

baghdad? martha: a suspect in the benghazi terror attack coming to american soil. he will face federal charges here in court. revolves around your symptoms, ask your gastroenterologist about humira adalimumab. humira has been proven to work for adults who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. in clinical studies, the majority of patients on humira saw significant symptom relief, and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as

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so let's simplify things. let's close the gap between people and care. ♪ martha: look at these scenes. there is discussion about whether they have been able to hold on to it. the president is calling leaders of the house and senate to a meeting in the oval office. he will discuss the options politically and militarily. welcome. brand-new hour of america's newsroom. i'm martha maccallum. bill: i'm bill hemmer. the white house consulting congress as it scrambles for a

plan of action. the president seeking comprehensive strategy to end the violence and keep jihadists from topping iraq's government. congress is deeply divided on how to react. martha: what a situation on the ground. ed henry is on top of all of it for us at the white house. once you ruled out air strikes and boots on the ground, if that is the case, what options does the president still have on the table that he's going to put in front of these members of congress this afternoon. >> reporter: you are right. you are not left with a lot of options once you tart ruling out some of the key ones. senior officials insist the president has not made a final decision. they sayf what he wants to do is get some sort of consensus by talking to these congressional leaders at the white house

today. remember the syria conflict and what happened there when he considered air strikes went right up to the line and then pulled back in part because he had so much division on capitol hill. that may be instructive again here. what i think based on what i'm hearing from senior officials. the president seems to be leaning toward a different option which is sending 100 special forces to iraq. deal with training and deal with intelligence on the ground to get a better sense of what these extremists are doing and what the u.s. and other allies will be able to take. but there is a lot of kept sivment on capitol hill about sending troops into harm's way. there is a lot of work that has to be done. martha: you just mentioned our allies. that's become a tricky question in this situation. members of congress are going say who is on our side in this, and who could be helping us diplomatically. >> reporter: you heard ryan

crocker who had credibility because he didn't just serve in the bush administration, he served as an ambassador to iraq and afghanistan. he said why isn't secretary john kerry in the region right now. why isn't he on a plane to baghdad. when you look at these four lawmakers significant, this afternoon. speaker john boehner, the senate republican leader mitch mcconnell. they may be more on the president's side. they do want to see some sort of u.s. action. nancy pelosi said iraq's not our responsibility. then senate majority leader harry reid said on the senate floor a few minutes ago he believes republicans are playing political games saying this is iraq's civil war. suggesting it's not a place for the u.s. to get deeply involved. martha: we have seen how that

played out in syria when congress didn't want to go and that provided cover somewhat for the president. thank you very much. bill were iraq was one of the topic as hillary clinton sat down with bret baier and gretta van susteren for 30 minutes. she's slamming iraq's prime minister saying the country would be better off without him. >> he failed as a leader. he purged the military of some of their strongest leaders. he had rearranged the government and gone off sunniss who are willing to work with him. that's the recipe for continuing instability. if there is going to be a stand against these extremists who are worse than even what's reported publicly in terms of what they are doing and how they behave, then there has to be a different government and i don't believe maliki is the person to lead iraq. bret, terrific job last night.

let me get to maliki. how did you think it went? >> reporter: it was a different format. gretta and i split the time and did 7 and 7. i spent a lot of time on benghazi at first. i was laying out some of the thing that she said before. if you look into the what she said there, coming out of the benghazi section, she stand by the fact that a video was a part of the situation on the ground in benghazi. to this day she stands by the statement she made in testimony that there was together in intelligence community that would have changed what susan rice said on those sunday shows despite the fact that we heard the deputy cia director mike morell i they were surprised. and we have heard from survivors saying they knew realtime a

number of different ways. laying that out, she said that multiple times. 2, she separate herd self from the president on the irs, on iraq, on dealing with iran. there were a number of things this interview that while there wasn't this blowup moment that i think people were -- some people at least if you read my twitter panellen page and facebook page and email were waiting for. there were interesting nuggets that advanced the ball on a number of different fronts. bill: is she in lock step with what we have heard from the president? >> reporter: she said prime minister maliki need to step down. that's something the administration has not said, at least yet. bill: he publicly accused maliki of isolating the sunniss which led to the disruption. report report true, but at the the same time they are working with maliki to defend baghdad

against these terrorists. bill: here is the moment i believe you were referring to about that video. watch here. >> there is no doubt terrorists were involved. there is no doubt. i from the very beginning and in my statements as, you know, and as i write in the chapter, said that these were attackers. who was leading in the them we think we now have one of the ring leaders in custody. but others were motivated because of their extremism and their ideology and others came along for the ride and maybe others also were motivated by the video. bill: is that different from anything she said prior? >> reporter: she said last night -- she was bouncing back and between blaming the video and saying it was a coordinated attack. that's something she hasn't said before. two, she said the phone call with president obama happened after she put out that statement. the statement that came out on 9/11 in which she refers to

benghazi and directly blames the video for that. the big moment i think was when i asked they are what exactly is she taking responsibility for in and she said that she was taking responsibility for being secretary of state at the time. even though no one was fired. and she said they couldn't by law fire them. i think that exchange was kind of interesting. bill: oftentimes in your interview she said look at the internal review that was done. the internal review, the actability review board, never talked to hillary clinton. >> reporter: we pointed that out last night. i think that there is this sense that she did probably the best of all the interviews she has had so far on fox. she definitely had her a-game as least to the analysis i have

seen across the board. bill: the answer on the taliban five will come back up yet again. we'll see where that goes. >> reporter: i think some of the benghazi answers will couple in the benghazi hearing. bill: terrific work. martha: very interesting. we'll keep going through some of what we saw last night as we move forward this morning. in the meantime this fox news alert. the ceo of gm is back on the hot seat. marchy barra is back on the hot seat after gm recalled 3.4 million of their cars for ignition problems. stuart varney is the host of the varney and company. she just took this jab over a year ago and she spent quite a bit of time in washington.

>> reporter: this is her second appearance before a congressional committee. second grilling. there will be three questions asked. mary barra is supposed to answer them. why the delay in fixing the safety defect. answer, engineers thought it was a consumer convenience issue, not a safety issue. there was a delay of many years there, a fatal delay. question two, why the delay in compensating victims. easy answer, general motors wants to limit its liability. it knows it has to shell out billions and it wants to restrict the number it has to shell out. the money to victims will start flowing august 1. the last one. will any gm cars with these defective cars still stay on the road? answer, yes, they will. history shows when you recall

vehicles only one-third -- two-thirds of them are fictions, one-third don't get fictioned. the owners don't want to bother with it, they don't harper about the recall, they leave them as is. so defective cars will still be on the road with defective parts and they will be driven. three questions, three answers. martha: heads up to all of the owners of the gm cars. the stock has done okay. the stock market likes to get the news out and flesh it out. bill: another benghazi suspect on his way to washington, d.c. but should the ship he's on go straight to gitmo? then there is this ... martha: that's problem. bull on the loose. see the rampage as these people actually try to make the bull

angry. that's a fun summer day. bill: the president's approval rating is back to a new low after 6 years in the white house. is there anything americans can do to get americans behind his policies? and this from brit hume. >> reporter: it's hard for me to imagine the same policies he's hesitant to change will bring anything other than the the same results going forward. starts with back pain...

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>> so, they go on a rampage while the guys in the town tried to calm him down. you are outmanned there, right, martha? he was gored when he agon the charging beast. 10 injured before the bull run ends. martha: the only suspect arrested in the benghazi terror attack is now on his way to washington. some lawmakers argued he should be on his way to know. ted cruz says "he belongs in guantánamo, and the military justice system not the u.s. civil court system."

he is joined by many others. senator, good to have you here. >> thanks, martha. martha: it doesn't seem there'sh chance of him going to gitmo. >> unfortunately no. we had terrorists affiliated with al qaeda, all of which were put on a ship or brought directly to new york instead of taking the full-time to be intimidated. we lose valuable time we don't bring them to gitmo. we need to know what he knows. he is a global terrorist organization associated with al qaeda, so what does he know about the attack on our consulate? who else was in charge. what else have they been plotting against not only us, our allies and that is by

bringing him to gitmo do have a full, complete interrogation is the right thing to do for our country or else we lose valuable information, and that is dangerous. martha: i imagine the administration will say he is going to be interrogated on his way to the united states. that appears to be what this guy is on right now. they claim they have been more successful than getting the ball rolling at gitmo. >> it is ridiculous they are on ships. that is a temporary facility, not intended for ana$5 interrogation, and that is why gitmo to be able to bring somebody therefore a full, lengthy investigation to find out what they know, after the full interrogation is done he can be prosecuted in the military system or in the

civilian system but number one priority has to be getting a full interrogation to know what attacks he's been involved in, what they plan against the country and the fact this administration has been putting them on ships, submarines, places like that for a temporary investigation instead of a full oinvestigation, that is dangerous. what are we missing that could prevent future attacks? martha: i want you to listen to this sound, he is referring to the suggestion that this suspect was in plain sight and talk to reporters. listen to this. >> the presumption and the question is he was going to mcdonald's for milkshakes on friday night, we could have picked him up in a taxicab. these people delivered the delio

evade capture. >> let me say this, i want to thank our intelligence military, law enforcement officials that captured ahmed khattala. they did a great job. but the reality is he was giving interviews with people like cnn, "the new york times," detailed interviews where he is in a cafe having coffee and it took a long time for us to pick him up. i'm so glad for our professionals and what they did in getting him and capturing him, now we have to fully interrogate him to make sure we know everything he knows about the attacks with the consulate and any other attacks al qaeda affiliates have been planning that he is the leader of. martha: thank you very much. bill: has president obama now lost the support of the american people? new line report reports have peg

obama a failed president. martha: and call the it department because the e-mail of now six more employees has mysteriously vanished. if the irs wanted your e-mail, i am sure they could find it. one woman who was targeted by the irs and what she thinks about this excuse. >> it certainly gives one pause to think there is interagency collusion against private citizens. d to get really tired. d to get really tired. until i started gellin'. i got dr. scholl's massaging gel insoles. when they're in my shoes, my feet and legs feel less tired. it's like walking on a wave, dr. scholl's massaging gel insoles, i'm a believer!

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lawmakers don't buy that. >> we're told facebook postings are there forever, yet important government documents are not backed up? i don't believe that. >> there are more unanswered questions then there were a few days ago. bill: founder and president of found the vote, targeted by the irs. good morning to you. >> doing well, thanks. bill: around here we call the help desk and we get it right away. anything we want. what do you think of this rationale being put forward? >> i don't think there's any rationale to it. keep spinning, say whatever is necessary and hope the american people forget, which they are not going to. bill: you filed for tax-exempt status and they kept you up all night long after that. what happened?

>> we filed in july of 2010 for both organizations, and in both instances it took us a little more than three years, getting our certification, in that time answered 300 questions, received a lot of correspondence from them during the smell years of 2009 through 2011. i don't buy it for a second they can't find those e-mails. they know what is in them and they just don't want people to see them. bill: you had 15 inquiries or audits targeted toward you are in that time? >> yes. bill: i am sure it has been outrageous. nicole flax is one of the six routed to lois lerner. is this a cover-up by your observation?

>> yes, of course it is area did it is completely unreasonable to think the irs does not have backups of all manner ready to go to preserve its most important documentation. i can tell you this as a taxpayer if i got audited and said i lost everything, that wouldn't go. they would not accept that. bill: i have not heard anything from eric holder. do you even expect him to act? >> no. my curiosity at this point is when is enough really enough? at what point do we say no more? bill: but if you can't get the attorney general to move on this, what happens to this case? >> we now have to look to our elected in congress to stand strong and we need to be fully engaged this november because

leadership starts at the top and rolls down. this has gone on far too long as an example for this country. bill: the irs says they have spent $10 million already producing 750,000 documents. $10 million to print paper and they can't find e-mails during the critical time. i will give you the last word. >> i think it is now up to the citizens to take a strong, hard look in the mirror and get reengaged in this country because this administration is rattling the very foundations of this republican. we need not kid ourselves about where this is going. bill: thank you, we will talk again. martha: this question has been raised, is president obama failing in his presidency? brit hume says yes. >> i hate to say it because i am an american, i wanted a robust

economy, i wanted a more peaceful world. we don't have it, he's failing. martha: we will have that debate. bill: meet a nine-year-old basketball player so good she is being recruited by a major american university. wait until you meet jade newman. she is live and she can play. >> with my daughter, how cute she is, and when they see her playing, she can play. four wholesome grains.

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john boehner at the microphone ahead of his meeting with the president later this afternoon. the speaker saying he believed the president has outlined an overall strategy to overcome the situation going on in iraq. boehner: the government of iraq is clearly not the most effective government. they've had their challenges in terms of understanding how a free society and government that is open. having said that, this is nothing new. the president has been watching what we have been watching for over a year as the situation in iraq continued to be undermined. and yet nothing, nothing has happened to try to reverse it. i hope i hear something today. martha: we will see. readers will be meeting this afternoon, it is said to be laying out possible strategies and getting feedback from them. we will see how that goes.

bill: send a report card for the president now. not looking too good for the american public. foreign-policy ratings taking a dive. only 47% of americans approve, 37%. brit hume says we are looking at failed presidency. alan colmes joins us. jack kemp. both of which are with me now. good morning. 37%, that the american number. >> if you look at a ppp poll which slightly leans left. saying people favor mccain on iraq compared to obama. you look at things issue by issue and people often tend to favor the president. >> this is a repudiation of the presidents administration.

the co-author says while people do agree with the president on some issues specifically the president is losing the political debate as the public does not view him as a leader and the issues people care about the most. the economy, jobs, obamacare, security homeland and national security are the things people feel most vulnerable about and feel this president has led the worst on. the average in the polls is still hovering in the low 40s. bill: overall you mentioned it, 41% approval, right around the lowest we have seen. the point brit hume is making is if we just withdraw from the world, they will like us. >> w we're sending soldiers. bill: military personnel. you disagree with that? should we not send folks to

baghdad to make sure they are okay? >> we should have nothing to do with another war. bill: you make the argument they should not go to iraq. let the people at the embassy fend for themselves? >> who are we defending in iraq? bill: you're defending americans. >> there is no government there. we're going to get involved once again in iraq? bill: to cheney and his daughter writes this in the "wall street journal." rarely has a u.s. president been so wrong about so much a defensive so many. too many times account president obama has had his and in the wars in iraq and afghanistan. has the wishing made it so? tony. >> it reinforces lack of leadership and perception here at home. a president wrinkly incompetent and managing crisis of the world affairs and domestic affairs. the president had lower numbers than george w. bush had after

katrina and iraq feeding into a bigger problem for the president, a huge erosion of support from his own base and the hispanics now 44% approval of this president. african-americans at 77% approval for this president. this is a wholesale repudiation of this president's leadership and that will hurt the democrats on the ballot. congress has a 16% approval rating, the lowest ever. dick cheney so wrong about iraq for him to continue to blast this presidency, at least george w. bush has the decency to not blast his successor. he wrote in the "wall street journal" his outrageous attack. we got out of iraq on their timeline. bush-cheney timeline.

bill: take it down the road. if you are going to withdraw any support and fight back against these terrorists, you're going to supply and secure an area for which they can operate unimpeded as they did in afghanistan. are you as an american okay with it? >> there is a civil war and people killing each other in a country we can control and if it was a time to act, it is not now. no credible threat coming to the united states, and there never was. which is why joe biden, hillary clinton, others as a senator supported going into iraq. writes now we have a scenario in which the president is refusing to accept reality. if we like it or not sending people to guard the airstrikes. keep ourselves safe in that part of the world cap allowed to have

an anchor fragmented nation that will perpetrate terrorist crimes. >> we learned nothing from history to going to places where we have no business whatsoever. bill: thank you. martha: now there are reports the president is ruling out airstrikes although the white house is pushing back on that a bit. if the issue of ground intelligence is a big question, jack keane with his thoughts next. bill: dr. oz defending himself before congress. why senators are scorching him on the hill. >> if you spent time on your show telling people this is the seven things you should know. there isn't a magic pill. why would you say something is a miracle in a bottle?

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bill: dr. oz hitting quite a bruising on the senate bill. being questioned over the doctors claim certain weight loss products are "miracles." >> if you spent time when your show telling people that this is the seven things you should know, there isn't magic in bottles, there isn't a magic pill. >> i say the thing that my show all the time. >> why would you say something

is a miracle in a bottle? >> my job is to be a cheerleader for the audience when they don't think they have hoped or don't think they can make it happen and i bring hope everywhere area did any evidence that may be supportive to them. bill: dr. oz says he will be more careful in the future with using his name to support products. i think the issue was the green coffee bean. it's just sheds weight. apparently not. martha: that is what you use, right? bill: i will have to try it. martha: more on that later. first the president said they will be no boots on the ground on the situation in iraq, now he is reportedly holding off on the issue of airstrikes as well, so what does that leave us with in this question. jack keane joins me now. a fox's military analyst.

good morning, good to have you with us as always. i want to preface this by saying the white house, "wall street journal" little bit far out on a limb, they are not saying they will not use airstrikes as a part of this, but what you make of where we are right now? >> it is probably a true statement, they'r they are going through the options. it is an extraordinary decision-making process in the face of an enemy as threatening as this one given all the success that it has that we have a deliberate methodical decision-making process. i think we should have acted days ago based on the information that we have. it has been going on for days. martha: did we rob ourselves of having opportunity with everybody pulling out ther their

resources? >> it is much more than just the troops. an incredible intelligence officer that receives intelligence from national resources. also local sources. feeding into this architecture. that technology with us, as a result of that, the screen went blank. we need to restore that so we can get visibility and what we call a situational awareness, what is the enemy doing, what can we do about that, and that will all be real-time, incredibly valuable. martha: i have a side question that occurred to me, we have had a number of tweets asking this question. we pulled everything out except perhaps the stinger missiles.

how would that happen if it has indeed fallen into their hands? >> i confirmed with a senior government official yesterday there are no stinger missiles in iraq having anything to do with us. that is a fact, so i think we can take that off the table. i find it unfathomable that we would leave stinger missiles. they are not there. martha: that is latest we have on that, so we hope that is indeed the case. if you think of the meeting the president will have of congress, the white house has been all over washington talking about think tanks, asking what the best options are, do you have any sense of where the white house is right now on this? >> i really don't know. i have talked to some white house officials myself and i think they'r they are doing tt thing in terms of reaching out

and getting feedback, but this is not rocket science. this is an enemy that is not all that sophisticated, though very determined and very ruthless to be sure. the way they are behaving in large groups, operating out of staging bases, this is something we can really deal with. much tougher deal with the same people in baghdad out of independent cells in 2007, 2008. i am not certain why it is taking so long. i appreciate him talking to people to weigh all the options and talking to congress is always a good thing to get involved but i think we need a decision, martha. martha: to hits them would be well received by a lot of parties on the ground, would it not?

>> they can't take baghdad and will not drive the government out of iraq, but what they have taken already, they are absolutely content to have a line of division in iraq and to keep what they currently own. that will be a threat to iraq and neighbors of the united states and europe. it goes without saying this is a national security threat to the united states. martha: good to see you. >> good talking to you, martha. bill: news breaking in washington on the nfl. the campaign to change the washington redskins name gaining momentum. the u.s. patent office say the trademarks must be cancelled. the team can keep the name while they appeal, but who knows how long that could take. she can now play girls twice her age.

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jade newman is with me along with her father. how are you feeling? >> good. bill: you live in orlando. what do you think of new york so far? >> nice. i like times square. bill: there is not basketball in times square though, is there? we could use one. >> that's right. bill: tha then you could play basketball in times square and take on your brother and beat him. when did you think i'm kind of good at this game? >> when i was little, like four years old. bill: what were you doing at the time where you thought i like this? >> i like dribbling to balls when i was four. bill: what else were you doing? >> shooting. i keep on stepping back.

bill: when did you make your first three-pointer? >> i don't remember that. bill: i bet it was so long ago. your dad is your coach, when did you see something special in your daughter? >> at four years old. she was dribbling two balls. she was making baskets with a regulation ball. nearly four years old. bill: university of miami has contacted you but your daughter likes university of connecticut. >> nine years a lot can happen. the connecticut coach may not be there. bill: you have to consider that. you are 4-foot seven. so you are a little taller than i am. 14.5 points per game, 7.5 assists per game playing against people who are teenagers. >> yes. bill: what is that like?

>> it is fun. you can cross people over, make them fall and everybody is impressed. bill: they are all impressed with you. you are 4-foot seven and they can't keep up with you. so you have a brother, right? >> yes. bill: who wins those games? >> sometimes me, sometimes him. >> her brother is really good. bill: what are you doing when you're not watching basketball? >> watching both. bill: it is really impressive, great to meet you in person. >> thank you very much for having us. bill: a sweet family. >> thank you very much. martha: the big story is president obama will meet with senate and house leaders on the iraq crisis. a live report on what they are talking about next. eliefchews.

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you are going to want to keep it her it it it it it it the the the the the the the >> tune in this afternoon at 2 p.m. eastern and you will s that. >> i bet jayden could beat him. "happening now" starts now. bye-b bye-bye, everybody. see you later. we are waiting news from a white house strategy session on iraq with president obama weighing the next strick -- terrorist strike the largest oil refinery. >> house members got a classified briefing on iraq and the president will meet with the congression congressional leadership at the white house. things are