thanks to my panel and to 0 all of you for watching. i'm paul gigot. hope to see you right here next week. fox news alert. right now, we are awaiting the initial court appearance of the suspect accused in the deadly benghazi terror attack. ahmed abub khattala is now in custody in our nation's capital where he will answer to charges about his role in the september 11, 2012, attacks in libya that killed four americans, including u.s. ambassador chris stevens. welcome to "america's news headquarters" this saturday afternoon. thanks for joining us. >> here's a look now at the federal courthouse in washington, d.c., where khattala is now being held under very tight security. national security correspondent jennifer griffin is reporting live from outside the u.s.

district courthouse in washington. she has the latest for us. hi, jennifer. >> reporter: hello. we've just learned that ahmed abu khattala will appear before a judge at 3:30 p.m. eastern time, about an hour from now. we also have learned from u.s. officials that khattala was brought from the "uss new york" where he was being held, where he was sailed back from the mediterranean, he was brought by helicopter to a helipad in anacostia, washington, then brought by vehicle to the courthouse about 9:30 a.m. this morning. in fact, he was taken into the courthouse. he's been there since 9:00 this morning. and the justice department has charged khattala, we understand, with three counts in connection with the attacks on the u.s. diplomatic mission in benghazi. that's according to a criminal complaint filed last july. in that complaint, he was accused of providing material

support to terrorists when he appears before the judge at 3:30 p.m. today, at that point he will be read the charges and assigned a lawyer. khattala had been held and questioned by the cia and u.s. military intelligence interrogators on board the "uss new york" since his capture by delta operators on june 15th at his villa south of benghazi. >> it's funny, you know. within an hour of us saying that we got him, the questions we were getting, are why did it take so long and how could this very dangerous guy be sipping mango juice at a cafe and you guys couldn't pick him up? now we're getting asked, well, wasn't he just low hanging fruit, and why does it matter? he matters. we believe we've got a strong days. >> reporter: how strong that case is we'll have a better idea when the judge reads the charge or charges at 3:30 p.m. today. we're awaiting that now. back to you. >> jennifer griffin live in washington, thanks.

iraqi forces bolstered by new shia recruits are launching an assault against sunni militants in tikrit. the offensive reportedly including help from american military advisers and helicopter gunships that carried out air strikes on the university campus there. militants aligned with the al qaeda inspired islamic state in iraq and syria cap can tured tikrit earlier this month. a human rights group says militants executed at least 160 people in the northern city just two weeks ago. we are going to have a live report from our mideast bureau on the fighting in iraq coming up in less than an hour. stunning new revelations in the v.a. scandal. a brand-new report claims the only way the veterans administration can be fixed is with a complete overhaul of the system. the white house review coming in the wake of reports of lengthy wait times for appointments and treatment delays at v.a. facilities nationwide. allegedly even leading to

patient deaths. elizabeth prann is live now in washington with more on this. >> reporter: the white house says the department of veterans affairs needs to be restructured. president obama receiving the report friday afternoon from rob 98 bores and sloane gibson. the two citing a, quote, corrosive culture that can only be fixed by requiring a near overhaul of the system. the 14-day guarantee is arbitrary and may have been a motivator for secret lists and inappropriate behavior. it says the scheduling system is dated and cumbersome and needs to be updated. it also says the a.j. is slow to adapting changing -- including veterans. while the report was met with mixed reaction from congress, lawmakers in both chambers say they're ready to work with the administration for comprehensive change. >> i really truly believe this from the bottom of my heart, that throwing more money at a

system that's behaving like this would be the wrong thing to do. i think we have to change the system the way it's currently working or we're going to just make the problem worse. >> if you don't fix the real problems, you'll be back here again and the commitment to our veterans will be wasted and the most important thing is, we will have wasted an opportunity to actually make a difference in their lives. >> lawmakers are working to hammer out differences between the house and senate veterans affairs legislation. but remember both chambers are off next week. back to you. >> elizabeth prann in washington, thanks. there is fresh violence in ukraine just a day after the government signed a deal for closer ties with the european union. at least one soldier was reportedly killed in the eastern part of that country. the free trade deal is angering pro-russian separatists as well as the kremlin in moscow. moscow, for its part, is accusing the united states of encouraging ukraine to challenge are russia. meanwhile, ukraine's new president is extending the week-long cease-fire for now

three more days. despite new health concerns, pope francis resuming his busy schedule, meeting with the president of madagascar this morning, all smiles but appearing tired. the pontiff skipped a visit to rome to a hospital there. this the third time he has canceled or postponed an event this month. the vatican said the pope has an unexpected illness but is otherwise okay. severe thunderstorms are forming across much of the plains for this weekend, potentially packing large hail, damaging winds, and even some isolated tornadoes. that same storm system already caused at least one tornado touchdown on friday. you can see the damage there, tearing through a small town in northern wisconsin. meteorologist janice dean is live in the extreme weather center with the latest on where the storm is now. janice? >> good to see you, leland. we are dealing with the threat of severe storms not only today

but, as we head through the new workweek and tomorrow really focusing in on places like nebraska and iowa where we could see strong tornadoes. but here's your threat this afternoon. we don't have any watches or warnings to point out. but look at the widespread area across the plains states stretching into the texas panhandle, all the way to the canadian border. large hail, damaging winds, isolated tornadoes today. tomorrow we have a more concentrated risk where we think all of those ingredients will come together for severe weather including tornadoes. as i mentioned, iowa, paying close attention to you as well as nebraska. this is tomorrow's threat. then into monday, another widespread area, including chicago, st. louis, down into the texas panhandle again. this is going to be an ongoing threat for the next several days. and river flooding is also going to be a concern as a lot of these streams and rivers are at or past their banks. so we're 0 going to continue to monitor that. the threat for rainfall for those regions and southward over

the plains states, the highway 0 and tennessee river valley. quick look at temperatures, still very warm across the southwest, the southern plains. you can see where we have that frontal boundary and along that boundary is where we'll see the potential for severe weather. if i could, we're also paying close attention to the tropics. off the southeast coast where we think this could develop in the next five days, just kind of meandering over the southeast coastline. so over the next several days we'll continue to monitor it. leland, back to you. >> always have to keep a close eye. janice dean in the weather center. president obama is back on the campaign trail, accusing the media of covering phony scandals instead of what he calls the real issues. a fair and balanced debate, next. plus, a nightmare for a california family who fired a nanny for refusing to work and now they say she's refusing to leave their house.

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a quick check of the head lieps now. the benghazi suspect is on american soil. under heavy security and sitting in a d.c. courthouse where he will face a judge in less than two hours. the justice department has charged ahmed abu khattala with three counts in connection with the attacks that killed four americans. searchers have recovered a

firefighter. mike herdman disappeared two weeks ago when he ran off after his dog at a campsite. no cause of death has been determined, but there was no sign of foul play. and a nanny overstaying her welcome. a california family fired the 64-year-old live-in nanny because she refused to work. but now the woman won't leave their house. according to police, the nanny can legally stay because the couple served her the wrong papers. sometimes the news that's coming up, these are just washington fights. they're fabricated issues. they're phony scandals that are are generated. it's all geared towards the next election or ginning up the base. >> that was president obama on the campaign trail in minnesota, once again accusing republicans and the media of distract the voters with so-called phony scandals. but amid ongoing investigations

into the irs, the v.a., and benghazi, is that a fair criticism for the president to make? let's talk about it with david mercer, former national finance director for the dnc and cal thomas fox news contributor and author of "what works common sense solutions for a stronger america." mr. mercer, first to you. is it a winning strategy to play the blame game, first the republicans then the media? is that going to be winning for president obama? >> i don't think it's a strategy. i think it is a commentary. if you just look at the issues that the american people care about, whether it's a pathway to citizenship on immigration reform, whether it's on closing the gun show loopholes, whether it's increasing the minimum wainl, an overwhelming majority of americans want to see that done in congress. but unfortunately we have a congress that would rather zrabl distract the american people from the house republicans failing to address those issues and creating distractions rather

than solving the challenges that americans face. and i think that's what the president was trying to point out and that we should refocus on those issues that the american people want to see addressed. >> david calls them distractions. cal, on a larger sense, though, do the american people also want an answer to the benghazi, the irs and the v.a.? >> let me just start with the first part of david's response and your question, leland. there are two issues here. number one, to hear the president blame the media, by which he means fox news and talk radio, because the three broadcast networks, the "new york times," "washington post," l.a. times, have done virtually nothing on any of these issues, these so-called scandals, is laughable. i mean, here is the one who was -- we've been waiting for. he was the political messiah. he has gifts that were better than any other politician who had ever lived to clean up the messes that he says is still in washington. well, he set he was going to clean it up. the other thing about the

congress, you know, we had an election. we have regular elections in this country. the polls show that the american people wanted to slow down if not reverse the president's agenda on health care and other issues. so they put the republicans back in charge of the house. they would have done it in the senate, too, if the republicans would have had better candidates, especially in delaware and nevada. but i think you're going to see that happen this fall. so for the president to blame the media, can reminds me of shakespeare's king lear, how sharper than a serpent's tooth it is to have a thankless president. >> i'm not sure the last time shakespeare was quoted here. i'll let you respond, maybe bring out hamlet? >> macbeth. no. this is the least productive congress in decades. they've done nothing to address the issues that the american people care about and instead have sought to get in the way of the president seeking to address the concerns of the american people.

and if you look at what their poll ratings are in congress, the lowest they've been in years, which don't even compare to the president being in the 40s in terms of favorability, look, it's in the numbers. the american people are frustrated. that's what the president is pointed out. he can sit down with boehner, with mcconnell and others and get these issues addressed, but they refuse to do so. >> oh, that's not true. >> instead they want to distract to other issues that get us nowhere. >> let me get to one other point in terms of this debate. i want to play something from the president here and get cal's response. >> i just want to be real blunt. if you watch the news, you just see, okay, washington is a mess and the basic attitude is, everybody is just crazy up there. >> cal, to you, very quickly, is the president playing the victim here? if so, does it work, or does it just not ring true? >> no, i don't think it works. it's not working for hillary clinton right now who claims she was broke when she left the white house.

people don't like that kind of self-view. gee, poor me, i'm so oppressed by everybody else. he's president of the united states. let me just respond to one thing that david said earlier. the house of representatives under the republican leadership has passed scores of bills that harry reid the senate majority leader, a democrat, has sat on and killed. so where is the negotiation? >> what about the immigration bill, cal? >> look, how about -- >> you've been sitting on that for two years. >> the first step of immigration reform is building the wall, stop the flow. when an emt gets to a wreck scene, the first thing he has to do is stop the blood from the victims. we have to stop the bleeding along the border before we talk about what we're doing with people who are already here. >> stop the bleeding further. >> we have to stop talking because we're out of time. either way, david mercer, cal thomas, thanks for joining us this saturday. >> thank you. have a good weekend. we are just minutes away now from the benghazi terror

suspect's appearance in court, ahmed abu khattala making his first apeernsz in a united states court. we will have continuing coverage. also, calls for regime change in iran now reaching a fevered pitch. amid fears that a proposed nuclear agreement will not be enough to keep the government from getting its hands on a bomb. huh...fifteen minutes could save you fifteen percent or more on car insurance. mmmhmmm...everybody knows that. well, did you know that old macdonald was a really bad speller? your word is...cow. cow. cow. c...o...w... ...e...i...e...i...o. [buzzer] dangnabbit. geico. fifteen minutes could save you fifteen percent or more.

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he violated copy right laws. the rule something a big victory for broadcasters and cable but a big blow to his business model. and holding his annual convention outside of paris. iran's government is desperate for a nuclear bomb and using iraq's prime minister as a pupp puppet. >> reporter: it's a massive call for regime change in iran. the largest gathering of the iranian opposition in a convention outside of paris. it's a first interview for american, and she says it would lead to an iranian bomb and the

regime must go. >> translator: the religious dictatorship will not last in the 21st century, and it will be overthrown, it defies logic, and it's seeking nuclear weapons to take international policy hostage. the iranian people reject this regime. >> reporter: she says iran has president its religious influism, calling nuri al maliki an iran pop puppet. >> translator: maliki is an iranian operative promoting the dictatorship's agenda. >> reporter: the council has been listed as the u.s. and europe as a terrorists group but was taken off the list.

>> iran is led by enemies of freedom and enemies of america. and therefore, we ought to have the courage of our convictions and stand with the people of iran. >> this is a group very much in the interest of the united states to support and create leverage against the i willa tollas. >> reporter: she says the iranian government is afraid of the growing opposition that seeks to topple it. i am eric shawn, fox news. and chris wallace is hosting a special on the rise of a terrorists state in iraq. fox news reporting, iraq in the rise of a terrorists state, anchored by chris wallace tonight at 10:00 p.m. eastern.

and answering charges for being involved in the benghazi terror attack in september 2012. the first person charged and brought to american soil to face those charges coming up in just about half an hour. we are expecting continuing coverage in a live report in front of the courthouse coming up. also, president obama brushing off speaker boehner's lawsuit just announced against the president. why the president is calling it a stunt. we will have that coming up with boehner saying that the president has over stepped his authority. more on that coming up. i'm randy and i quit smoking with chantix. for 33 years i chose to keep smoking... ...because it was easier to smoke than it was to quit. along with support, chantix (varenicline) is proven to help people quit smoking. it's a non-nicotine pill. chantix reduced the urge for me to smoke. it actually caught me by surprise. some people had changes in behavior,

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hello, everyone. welcome back to america's news headquarters. >> thank you for joining us. topping the news this hour benghazi terror suspect ahmed abu khatallah is in our nation's capital right now standing in front of a judge. we will be live at the courthouse with the latest. and then launching a major offensive to regain a major city where sunni rebels reportedly committed atrocities. how is the military progressing? we will talk about that. president obama is rejecting speaker boehner's lawsuit

against him. is it a way for each leader to assert his power? john fund is up next to weigh in. right now a fox news alert. ahmed abu khatallah to stand in front of a u.s. judge in less than half an hour. less than two weeks ago the same man was walking around free in libya. he is now on american soil flanked by heavy security and sitting in a d.c. courthouse. the justice department charged khatallah with three counts in the attacks on the diplomatic mission in benghazi. cia and u.s. military intelligence interrogators have been questioning him since his chapter. jennifer griffin is at the federal courthouse in washington. do we expect to see khatallah today? >> we do, and in fact we expect him to appear before the judge in about 30 minutes time, at 3:30 p.m. eastern in the

courthouse behind me. we just learned the name of the prosecutor in the case. it will be assistant u.s. attorney michael de-lorenzo. we learned the judge today, the magistrate judge who will be overseeing the proceedings will be reading out the charges to khatallah as he appears before the judge minutes from now. we also understand from u.s. officials that khatallah was brought from the u.s. navy ship, the "uss new york" earlier this morning by helicopter and landed and was brought by land to the courthouse behind me and brought by vehicle and has been in the courthouse a little before 9:00 this morning. >> jennifer, what comes next for khatallah? >> reporter: well, the justice department charged khatallah last july in a criminal complaint that it filed. it was sealed and recently

unsealed after khatallah's capture. there were three counts in that complaint, among those charges at the time for the attack on the u.s. diplomatic mission in benghazi, he was charged with providing material support to terrorists, and accused murder and carrying out an attack on a u.s. facility, and he could be sentenced up to life possibly and even be given the death penalty if found guilty of murder. he will be assigned a lawyer and be read his rights and he will be read the charges in front of the judge, and he will work his way through the u.s. criminal justice system like any other criminal here in the united states. >> thanks. thousands of iraqi troops armed tanks and air power right now are launching a major offensive to retake the northern

city of dekraet. right now it's in the hands of the sunni militants. john, how is it going for the iraqi troops? >> well, if you talk to iraqi officials they say they regained control and we are waiting for confirmation about that, and they are using not only special forces troops and also tanks, but also helicopter gunships. we have seen in the past these air strikes have helped military iraqi forces and this is a critical fight because it gives the iraqi military to stop isis militants from going any closer, marching any closer to baghdad and try to push them back to the north. again, the fight started today just before dawn and iraqi officials said the air strikes that i mentioned were targeting

the militants, and special forces, we understand, have set up a parameter around the university and have moved in with sunrisers and heavy artillery strikes. the air strikes have helped the iraqi military push isis back and take control of the oil refinery which is north of tau kraet. it's where there were people killed two weeks ago. we have seen some very bloody fights in tikrit, and air strikes have been critical in both of the battles. let's talk about tikrit's location and why it's important. it sets in the middle of mosu hr and baghdad, and mosul to the north and baghdad to the south,

and mosul remains under isis control. there are a number of casualties on both sides, but as mentions, this is not only military strategically important, but it has relevance in terms of history, and it's saddam hussein's hometown and it's close to where military forces captured hussein in 2003. a very critical city for iraqi military forces to regain control of. back to you. >> john, it's the middle of the night in the middle east, and we will see what sunrise brings to iraq. thank you. fresh violence in ukraine a day after the government signed a deal with closer ties with the european union. one soldier killed in the eastern part of the country. the free trade deal angers pro-russian separatists, and

moscow accuses the united states of encouraging ukraine to challenge russia. despite new health concerns pope francis is resuming his very busy schedule, and he appeared a bit tired this morning but all smiles just the same. he skipped a visit to a rome hospital yesterday, the third time he has cancelled or postponed an event this month, and he suffered an unexpected illness but otherwise is okay. and parts of minnesota experiencing severe flooding after river levels soared after the past few weeks and more rain is expected this weekend. janice dean has more. >> unfortunately flooding and the threat for severe weather across portions of minnesota and

iowa, and this just issues, a severe thunderstorm watch for the next several hours including minneapolis down towards iowa, and th's where we think all of the thunderstorms will start to fire this afternoon and into the overnight as well. the potential for severe weather north of oklahoma city where we had the severe thunderstorm warning in effect. today's threat extends from northern texas to the canadian border from minneapolis down towards st. louis, and oklahoma city, and hail, winds, and tomorrow we have more of a concentrated risk for severe weather including tornadoes, which i will talk about in just a second. there is your future radar. the frontal boundary sagging southward and eastward and in front of the boundary is where we see the threat for not only flooding but severe storms. the storm prediction center issued a moderate risk for severe storms including tornadoes. there is your current

temperatures, and you can see the frontal boundary i was talking about along the front and ahead of it and that's where we are seeing the storms so you can see the potential for very warm weather ahead of the front and cooler and dry air behind it, and that's the pattern as we head into the new workweek. the flooding concerns again for some of the areas over mississippi river valley, and let's talk tropics, because we are watching this area of disturbed weather, we like to saeurbgs off the southeast coastline. we don't think it's going to become a hurricane but we will monitor it, we could see a depression over the next couple days. it's across the bahamas over towards the southern coast of mexico, and the lesser antilles. the first named storm if it happens will be author. there is your list of storm names. obviously we have to pay close attention as we get into the next several months. >> hopefully we won't go through all of those names.

>> i hope not. >> thanks. >> a long list. now to the irs targeting scandal. the commissioner says information about missing e-mails could be handed over to the committee as early as next week. the irs said it lost two years of the ex-officials e-mails. the congress wants to reward anybody that can find them very handsomely. and we are joined live from washington. >> the reason this is significant the lost e-mails may relate to the irs targeting scandal. the texas gop congressman does not believe the irs and he doesn't believe they are lost and he says the e-mails are out there, and he is introducing legislation offering $1 million from the irs's budget to anybody that can produce the e-mails. and he is warning anybody that is knowingly keeping those e-mails secret.

>> if you help to hide evidence in what will end up being a criminal case, guess what? you are part of the crime. so take your pick. million bucks to come up with all the e-mails or go to prison as part of the crime. your choice. >> the congressman's legislation offers $500,000 to anybody that can provide information on who may have destroyed the e-mails. meanwhile the irs says it's working to try and comply with the committee's request for more documents on the e-mails and the 2011 computer crash which supposedly erased the e-mails. there was a letter sent yesterday to the chairman of the committee saying, quote, we will get as much information as possible to you next week. i had hoped to provide you with responses today but critical information is still being collected and verified.

and he cautions in that letter the irs already provided a seven-page document to the committee that documents that the irs knows about the computer crash and what they have done to collect the e-mails from other sources. >> we will see what next week brings. thanks, molly. two people were rescued from a single engine plane that wound up in the delaware river. the plane was found this morning after air traffic controllers reported they lost contact with the aircraft. a white house review of the department of veteran affairs verified problems raised by the investigators. the report says the department had a corrosive culture. >> reporter: the white house says the department of veterans

affairs needs to be restructures. president obama receiving the report friday afternoon from selected top deputy rob neighbors and sloan gibson. the two citing a quote, corrosive culture, and the 14-day appointment guarantee may have been a motivator for secretists and inappropriate behavior, and it's dated and cumbersome and needs to be updated and the report charging the va is slow to changing demographics including female patients and young veterans. while the report was met with mixed reactions in congress, they say they are ready to work for comprehensive change. >> i really truly believe this from the bottom of my heart that throwing more money at a system that is behaving like this is the wrong thing to do. i think we have to change the system the way it's currently

working or we will make the problem worse. >> if you don't fix the real problems, you will be back here again and the commitment to our veterans will be wasted and the most important thing is we will have waited an opportunity and actually make a difference in their lives. >> they are working to hammer out the differences, but, remember, both chambers are off next week. back to you. >> thanks. in one aisle house speaker boehner and across from him, president obama. one announcing a lawsuit, the other shrugging his shoulders. we will have that full story coming up. and then we are awaiting for the initial court appearance of the benghazi terror suspect ahmed abu khatallah. this is a live look from the courthouse where he will make his first appearance in just about 15 minutes. we are expecting him to step in front of a federal judge and we will have the latest as it develops from d.c. okay, listen up! i'm re-workin' the menu.

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thanks for staying with us this saturday afternoon. time for a quick check of the headlines. we are moments away from the initial court appearance from ahmed abu khatallah, the suspect

accused in the deadly benghazi terror attack. he is in washington at the courthouse there and he will have to answer charges about his role in the september 11th 2012 attacks that killed four americans. a new way to help the millions that suffer from diabetes. the food and drug administration improved a inhaleable diabetes medication and it's a fast-acting form of insulin that helps them control the insulin levels during their meal. and then he did not deliberately bite his defender at the world cup and he said he lost his balance and fell on his opponent. try that one on for size. his argument will be presented to the appeal panel. >> we will see how that goes. president obama is blasting house speaker, john boehner, over his announcement that he is

suing him for what mr. boehner describes as mr. obama's brazen abuse of power. president obama called out the speaker for accomplishing nothing in congress, he says and for not being specific for how the president misused his powers. weighing in the author of the new book "obama's enforce eenfo" thank you for being with us. >> thank you. >> let's look at the memo. if the current president can selectively enforce -- can we put it up on the screen? change or create laws as he chooses without the involvement of the legislative branch his successors will be able to do the same and this shifts the balance and giving the president a king-like authority. having said all that, john, how exactly do you think this

federal lawsuit would stop that? >> well, it goes to a court and they will rule on it. i also think at the same time john boehner is going to be suing to make it easier for congress to get it into court on constitutional battles with the executive branch, and even if there is no court resolution, this will start a national conversation about whether or not this president has exceeded his authority. the last time we had such a national conversation was after richard nixon, and there were safeguards put into place and some of them eroded but they did halt the incredible expansion of executive power and we have to keep that kind of balance, because our founding fathers kept us free by designing a picture in which the power is divided and not concentrated. >> boehner does not say specifically in his memo which actions will be cited. what do you suppose will be

included or should be included? >> well, immigration for one thing. the president decided on his own to have an immigration policy in which young people under the age of 18 would automatically not be subject to deportation, and that may or may not be a worthy idea but it's up to congress to change the wall not for the president to unilaterally alter it. >> president obama said i am not going to apologize for doing something while they are doing nothing. what do you make of that response? >> for a person that used to teach constitutional law at the university of chicago, it's a rather cavalier attitude. these are important questions relating to constitutional separation of powers and because the president is upset that the congress is not passing his legislation doesn't mean he has the right to act on his own. remember, it's not congress's fault that president obama's approval rating is 40%, which means it's difficult for him to

get anything passed in congress, including members from his own party. >> speaker boehner has been asked specifically if this is the first step towards impeachment and he says no. but experts say by the time the lawsuits make its way through court, president obama will be out of office. it's raising attention to the whole situation, but some democrats say it's going to back fire. and >> impeachment is a political act. it wouldn't make any sense to impeach president obama. the senate, of course, would not convict. so that's off the table. if the democrats really think this lawsuit is going to benefit them publicly, that's fine. they can campaign on it in november. i think the republicans would welcome them bringing up their spineless support for everything the president has done and

including all of the things about executive power. if they want to make it a campaign issue, the republicans would welcome it. >> and they are making sure to include taxpayer funded in the reference in the lawsuit, and is this a fairway to use taxpayer dollars. >> well the president of the united states has used taxpayer dollars to make changes of obamacare and expanded coverage and done a whole range of things using taxpayer money, and to challenge him in court seems to be a reasonable investment for the courts to decide is the president doing this with obamacare outside of his proper constitutional powers. >> as boehner says in his memo that this is the course of action that you can follow when there is no other way to address the grievgrievance, and he says president is not faithfully

executing the laws of our country. the white house says it has acted in its legal authority. do they have a case? >> the courts are going to rule on that, but this is unprecedented. we have had 43 presidents and none of them have tried to pull these kinds of, shall i use the words, stunts, unquote, in expanding executive authority. there has to be a reason why previous presidents decided it was not in their range of power. i think it's a legitimate case and the supreme court has 13 times unanimously ruled the obama administration has went too far in the executive power. >> the white house just recently losing 9-0 ruling to throw out obama appointments. thank you for joining us. >> thank you.

fascinating to see what goes forward in that case. >> yeah. ahmed abu khatallah, the suspect charged in the benghazi terror attacks right now is moments away from appearing before a federal judge. this is a live look at the u.s. district court in washington where he will go before a judge in the next five minutes or so. khatallah was freely walking around libya less than two weeks ago, and now he is surrounded by tight security there in d.c. do you know what triggered the start of world war i? clue. today is the 100th anniversary of that event. and asked for less. because what we all really want... ...is more. there's a reason it's called an "all you can eat" buffet. and not a "have just a little buffet". that's the idea behind the more everything plan. it's more of everything you want.

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this is a fox news alert. the libyan militant charged in the benghazi attacks is appearing before a judge at this hour. you are looking at a live picture of u.s. district court

there in washington, d.c. ahmed abu khatallah is being held under very tight security. he is charged in the 2012 attacks that killed u.s. ambassador chris stephens and two other americans. he was captured two weeks ago and brought to the u.s. aboard a navy battleship where he was reportedly questioned about his role in the attacks. now, nearly two years after the deadly raid on our consulate, the wheels of justice are finally moving. we are bringing in our legal panel to talk about what happens next. i want to start with the former federal prosecutor. how does this change? now, is he basically like any other federal suspect? >> absolutely. well, he has been indicted. so he is not a suspect anymore and he is a defendant and he will go through an arrangement,

and he will plead not guilty and be asked whether he understands the charges against him and then there will be a bail hearing. right now -- >> does he get a lawyer? >> absolutely he will get a lawyer. if he cannot afford one, one will be appointed to him just like an american citizen would get. >> now that he is a federal defendant, he has a lawyer, and how does this change the fbi's ability, and for that matter the cia's ability to ask him questions. >> once the defendant has the attorney you have to ask the questions in the presence of the attorney unless the criminal defendant says he is going to wave the assistance of counsel and cooperate, but that never happens. >> don't for get, he has been on the boat for quite a while, and whether he has been mirandized already and what kind of information they have got from him, and it may not matter so much in the sense if the fbi was able to get information from him that will help them find other

people involved in benghazi, then if he was not mirandized and you can't use the statements he made against him, you can use the statements against the other bad guys. >> sure. >> in looking forward in terms of the case, the charges we see that are going to come out in the next half hour or so can those be amended if things go forward? >> they can absolutely be amended. the fbi continues the investigation and the investigation at this point brought it to this point, and we know of one charge which is the material support for the assassinations of the four americans, but that's all we know at this point is that it will continue and the federal government has a lot of resources and frankly, since he is the first that has been arrested, it may boil down if you cooperate -- >> is this guy now ripe for a deal? >> of course. and mercedes is right, it's smart to have a smaller indictment or a smaller complaint.

his initial complaint was one page. so what they do is do a superseding indictment. if i was prosecuting this and i thought he could give me information about bigger fish in the sea so to speak, we will keep it to the one count indictment if you give me more information. we don't know if that has already happened. >> for a long time this guy was free as a bird. >> yeah, he was giving interviews. >> yeah, and the question is, though, is everything that he said out there, is that fair game also? are they going to look through all that? >> absolutely. it only becomes problematic when he has been mirandized and somebody said you have the right to counsel and he says i want my counsel and the fbi continues to question without counsel present, and that's when it prevents the information from coming in. >> the interviews he has given, that could come out and be used against him. >> as this case goes forward in

terms of the u.s. government, is this the way it seems as though the obama administration is going to handle this going forward? it appears as least nobody is headed for gitmo, if there was one person arrested as of late, this would be the person? >> yes, expect the fbi was involved in the investigation from the beginning, and that makes it so he is an fbi suspect, and now he is a defendant. >> so it's impossible to take him to get mitmo. >> yeah, that ship has sailed. >> ahmed abu khatallah is making his initial appearance and we will keep you ladies close for analysis. 100 year ago today an assassination sparks the start of world war i. the shooting of the arch duke led to the great war, a conflict that left millions dead. and we are joined with our guest

of the details marking the observance of that dark day. >> it was 16 million people that lost their lives during the first world war, and most of those in the trenches, and it reshaped europe very much, something the entire continent is remembering today. starting off in bosnia where the arch duke was shot dead by a nationalist, and spelling out the significance of the turning point for europe was the grand set of the emperor. >> you cannot see the world war separate. the first one was leading into the second. what came out of it was a united europe. >> in austria, the car that was used by the duke, that went on display with other important artifacts from that fateful day.

>> we got the original uniform that he was wearing and we got the original shirt, and additionally we got three of the four pistols that were used in the killing. >> and queen elizabeth, and on november 11th, 1918, some 2 million u.s. servicemen that fought on the battle lines of western europe, 50,000 american lives were lost. back to you. >> thank you. the united states is now getting more involved in the crisis in iraq. but exactly how far should the u.s. military go? >> as of right now isis is not a direct threat to the u.s. homeland because they are too

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the u.s. is stepping up its involvement in iraq, and president obama sending additional military advisers to the country alonged with armed drones to protected them. they launch a counter offensive to take back cities from sunni militants. where is this leading? let's talk about that with our fox news military analyst. thank you for being with us. >> thank you. >> they are conducting flights using manned and unmanned aircraft. we have a carrier along with a guided missile cruiser, and

beefed up security at the diplomatic facilities in iraq, and will all this make a difference? >> not really. remember the purpose of the carrier is to conduct the evacuation of the u.s. personnel is baghdad is ever overrun. 300 trainers on the ground might stiffen the ability of the iraqi military to fight with isis, and the presence of unmanned vehicles over head will certainly make the picture of the battlefield a little clearer for u.s. military personnel, but this is a huge battle, and it has been raging from syria all the way to the kurdish border in the east and baghdad in the south. this is a fight to the death between sunnis and shias, and it's what has become a sectarian civil war, a bloody civil war and we can nibble around the edges, but they are going to have to fight it out among

themselves. >> that's what some people are saying that, look, we should not be getting involved in the civil war, but the argument on the other side is if we allow a islamic super state to form, terrorists will be threatening the united states. >> the sunni super state is already formed. it would take hundreds of thousands of u.s. soldiers and marines to turn the tide of the battle right now. the united states is not going to participate to allow that. the american people ask, what can you do? reduce our independence on middle eastern oil, and form an alliance on the countries in the region that are still our friends, and number three is join forces with nato and the europeans to stop the inevitable outflow of terrorists once this new state is formed and, god

forbid, strengthen our defenses against terrorism at home because the day is going to come when they are going to be headed our way, sadly. >> that's the scary part. >> yeah. >> prime minister nuri al maliki is blaming the united states. he just said the advances by isil could have been presented if they had gotten the air strikes it requested. >> oh, please. 4700 dead and $2 trillion. what does it take for us to establish goodwill with mr. maliki? the bottom line is, they were going to buy about 24 f-16s to be tkdelivered in a couple year and those would not turn the tide against an enemy that is conducting a civil war against the government. maliki has bigger problems than u.s. air support and he is trying to scramble to protect baghdad and tikrit. he has a big enough war on his

hands so he doesn't have to worry too much about us. >> the united states and its allies meanwhile is hoping iraq will form a coalition government that will include the sunnis, the shias and the kurds. do you see that happening? >> no. the sunnis are consolidating what aeventually will become a terrorists state and the iraqis are trying to protect baghdad and the cities in the south and prevent baghdad from being surrounded which is the great danger. this is essentially completely fallen apart, and the best we can hope for is to help the iraqi government pick up the pieces, but frankly, as things look right now that's not going to happen. >> thank you, as always. >> thank you. meanwhile, fox news is taking an in-depth look at the

events taking place in iraq as well as asking how to solve the crisis. our own chris wallace sat down with the former vice president, dick cheney, to talk about help from one of the biggest enemies. >> how do you feel about bringing iran into the discussion about iraq? >> bad idea. the iranians are in many respect the common enemy for a lot of our friends out there. the idea that we're going to welcome iran into solving the problem in iraq is like bringing the russians into to solve the problems in ukraine. >> we have more in-depth analysis and in sight tonight and soon into fox news reporting, and that's tonight at 10:00 p.m. eastern right here on fox news channel. right now from washington we are hearing ahmed abu khatallah has made his appearance there inside the united states district courthouse to answer

charges of being involved in the libyan terror attacks, the benghazi attacks in 2012. jennifer griffin is standing by and we will have a live report on actually what happened in the courtroom which khatallah walked inside, what he said and what he was charged with, and that's all coming up on the other side of the break. (phone ringing) good afternoon. chase sapphire. this is stacy from springfield. direct access to a live advisor so you can get answers fast, and get back to the beach. chase sapphire preferred. so you can.

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they were inside the courtroom which ahmed abu khatallah came forward. he was not shackled. he was wearing a black sweat suit. his hair was matted and he had a long gray beard and he was soft spoken and the judge read one count that he has been charged with, materially aiding and abetting a terrorists group. the government reserves the right to add superseding indictments and charges to that initial count and those counts could carry with them the death penalty. right now aiding and abetting terrorists and providing material support to terrorism would bring with it a maximum sentence of a life sentence. he did plead not guilty, i am told. my colleagues described him as

looking as though he was a deer caught in headlines. very soft spoken, and the proceedings lasted 10 to 15 minutes. >> the charges against him so far not outlined in great detail, but we want to remind people that this, of course bg stems from 2012 when there was an attack that led to the deaths of former u.s. ambassador chris stephens as well as shawn smith and others. he has been kept for the last two weeks on the navy warship. >> that period of time he was being requested by cia interrogators, and fbi interrogators and by u.s. military interrogators. they were trying to prevent future attacks and learn more

about what was happening on the ground in benghazi. that information, i am told, cannot be used against him in a court of law. once he is mirandized, information, if he decides to speak, then that information that they glean from this point forward, that could be used. the judge read one count today and that is materially supporting a terrorism group, and they could add more charges at a later time. >> and thank you for that update. of course, as things go forward in this case is not only about this guy, but how many other suspects are u.s. special forces going to be able to arrest and bring to justice here. >> that is the hope that they are going to be able to gain information from him, even if it can't be used against him can be

used against others. >> or, if possible, making a deal and giving the fbi information going forward. >> that's possible. that will do it for us. >> back in half an hour, and in the meantime a healthy you. and tap it here, boom, roadside assistance. on'tday ooklay, it's axwellmay. the igpay? otallytay. take an icturepay! onephay, onephay! really, pig latin? [ male announcer ] geico. anywhere, anytime. just an aptay away on the geico appay. while a body in motion tends to stay in motion. [ male announcer ] geico. anywhere, anytime. staying active can ease arthritis symptoms. but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain, and improve daily physical function so moving is easier. because just one 200mg celebrex a day

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welcome to a healthy you. i'm carol alt. most of the people who have suffered a debilitating disease or a death if the family don't consider themselves lucky. today we have a guest who says surviving his mid life jolt as he calls it was one of the best things that happened to him and caused him to turn his life around. we'll have his story later on. plus, choosing the right bra. it's a lot harder than it seems. from picking the right size to selecting whether to wear a sports bra versus a convertible bra. today we have the bra genie here to show us the top five bra