picayune. ms. megyn is warming up in bullpen. i'm bill o'reilly. remember the spin stops here, we're definitely looking out for you. breaking tonight, new details in the michael brown shooting that may shine a whole new light on what happened in the moments before officer darren wilson opened fire. welcome to "the kelly file" everyone. i'm megyn kelly. a live look at ferguson, missouri, where attorney general eric holder has been meeting with michael brown's family tonight as well as with members of the community. telling them that he has assigned the federal government's most experienced agents and prosecutors to the investigation. more on that in a minute. tonight, as the sun sets on ferguson we are waiting to see if the community will respond with new protests, with peace or with violence as we have seen so many nights in a row. this comes as a well-placed source tells foxnews.com that

there was a violent confrontation between michael brown and officer darren wilson moments before the 18-year-old was shot and killed. that source saying that michael brown nearly beat the officer unconscious. and that officer wilson suffered severe facial injuries. and that's not all. trace gallagher picks up the story from there. trace. >> megyn, that source is very close to the ferguson police who tells foxnews.com's holly mccay the confrontation began when officer darren wilson ordered michael brown and his friend dorian johnson to stop walking in the middle of the street because they were blocking traffic. when they ignored the officer, they started to get out of his patrol car but "they shoved him right back in. that's when brown leans in and starts beating officer wilson in the head and face. he was beaten very severely." the source tells us that brown fractured officer wilson's eye socket leaving him dazed and

swollen. and now a man named michael t. brady who lives near where the shooting took place has come forward with this account telling the "new york times," "something was not right, it was some kind of altercation. i can't say whether he was punching the officer or whatever, but something was going on in that window. and it didn't look right." our source goes onto say, there was then a struggle for wilson's gun and it went off. and that authorities have "solid proof that brown actually touched the officer's gun." though the source won't say on the record what that proof is. but we're told that michael brown then started to walk away prompting wilson to pull his gun and order brown to freeze. brown then raised his hands, turned around and said "what, you're going to shoot me," which is consistent with what officer wilson's friend josie said on the dana lash radio show. listen. >> so he stands up and yells,

"freeze, michael." and turns around and michael starts telling him, oh, what you going to do about it, you know, you're not going to shoot me. >> our source then says michael brown went at the officer who fired six shots including a final shot to the head. we're told officer darren wilson is terrified that the grand jury, which began hearing evidence today, will make some kind of example out of him and vote to indict, megyn. >> trace, thank you. joining me now with more, mark furhman, fox news contributor and former l.a.p.d. detective. mark, good to see you tonight. so does this make sense to you? this report is based on one source. i want to underscore that. >> well, actually, this has been trickling out. and i visualized the events as we've heard from many people that have described at thirst contact. this isn't surprising at all. i expected that officer wilson

was going to have some type of injuries to his face. and he took probably several blows while he was on that front seat. it's also not surprising that they have evidence that brown actually touched the firearm. and i want to go back to the autopsy. there is a laceration on the fatty portion below the thumb on the right hand of michael brown. i am wondering if that could have possibly been caused by grabbing the weapon at the time it discharged and the slide on an automatic would sometimes lacerate somebody's hand if they were trying to hold it. it's a possibility. but that could be the injury where the officer and the suspect were actually struggling over the weapon. >> what sense again does it make, however, to believe the account that michael brown had gotten away? that he had just had a fight with a cop where the gun went

off that he determined it was time to exit the scene? that he then ran away from said cop with loaded revolver? that he then stopped because he was being fired at, turned around and started running toward the officer to attack him. i mean, that's the part of the story that doesn't make sense. >> well, it doesn't make sense for people that haven't worked on the street. i never really made sense of why people do things on the street, especially when they're confronted with officers with weapons, different types of weapons including firearms. but they do do strange things. but michael brown from the onset of that day did a lot of things that didn't make any sense. he committed a robbery instead of fleeing he flaunts himself in front of a law enforcement officer walking down the middle of the street.

>> i want you to know -- forgive me a quick interruption, the person who was with him in the commission of that robbery, his friend, dorian johnson, has now admitted to that crime. that they committed that robbery. that's already now out there. some people were disputing this. but go ahead. >> right. so okay. we have that crime. but every point that michael brown has an opportunity to engage, he engages with the officer the first time before he gets out of the car. he could have ran then. he knows he committed a robbery. he knows he just committed a felony. the officer gets out, he attacks the officer. once he attacks the officer, the gun depose off, he could have fled at that moment. and instead he turns around and charges the officer. this is a crucial, crucial moment in this whole situation. this officer almost lost consciousness. he had somebody try to disarm him and almost succeeded. the gun went off. and he knows -- and you can just look at officer wilson and look

at the suspect in this case and the weight and size differential is huge. he knows that he will not be able to withstand another attack. he knows that. the suspect is charging him. and he knows the suspect wants to take his firearm. he believed that he would die in this confrontation if he allowed that suspect to close that distance and get ahold of him. that is the facts in this case. can't be disputed. >> well, they can be disputed. i understand that's your interpretation. and there's eyewitness testimony and other testimony to support that version. but there's another version that the grand jury's likely going to hear some of and certainly if this case proceeds the jury will hear more of. mark, thank you. joining me for the other side, civil rights attorney and childrens advocate. there is another side because while it seems both sides are agreeing there was a confrontation at the police car, the gun went off in the police car, michael brown ran away. what happened in the moments after that remains unclear.

>> well, we have many witnesses that tell us what happened after that. we have witnesses, one that was across the street, one that was nearby witnessing from her porch, one that was on the scene and involved with what happened. we have dorian johnson, we have ms. mitchell, we have ms. crenshaw, we have eugene who treat tweeted about the events as they happened. you can't outrun bullets so at some point he decided to stop. and officer did not stop shooting at him, shot him in the arm, shot him in the head. we looked at the autopsy and what it showed. and it showed something that cannot be disputed. what you cannot dispute is that where the gunshot went through was through his arm. and that's either like this or like this. or he shot from the back. also, the gunshot goes through his eye socket and the top of his head which indicates as the independent examiner said he was

either already vensurrendered o bowing his head -- >> no, no, let's stop there. that's not true. because i spoke directly with dr. baden who said that he could not -- >> i have right here -- >> let me finish what i'm saying. he said he could not tell from the autopsy whether michael brown was aggressing on the officer, attacking him, or surrendering at the time. >> from the position of the gunshot that goes from up to down, it's not possible that someone could be bended all the way over while they're running towards someone. you'd fall over and lose your balance. no one is saying that. >> that's fine. you can make whatever your argument and they're going to make these arguments. i just don't want viewers to be confused. what dr. baden said, dr. baden, the world expert, the guy who did the autopsy, said you cannot tell from the autopsy results whether michael brown was surrendering or attacking when he was killed by these shots.

so the autopsy basically is inconclusive. and we have to look to the eyewitness testimony. but let me ask you this -- >> i have a different derpgs. >> i get it. but i don't want to keep going over the same ground. let's advance the story. >> i understand. >> same with mark, i have to ask you the same question. it's hard to understand why a teen who had just had a violent confrontation with a cop where a gun went off would run away and then turn around and decide to come back to attack the cop more. that is difficult to make sense of. however, it's also -- >> i don't believe that's what happened. >> okay. right. i know. that's why i'm pressing him. because he's saying that's what happened. now i want to press you on the other theory, which is that -- >> certainly. >> that this cop may have gotten attacked in his own squad car by two guys who didn't want to be harassed by him for walking in the middle of the street. two guys that just committed a robbery. they had no business getting in a confrontation with a cop. you don't have a fistfight with a cop certainly when he's got

his gun. the gun went off in the car and michael brown runs away. why would the cop for no reason if he didn't feel under threat fire six shots at this guy? >> well, number one, i'd like to correct a few things. most of the counts, whether you believe them or not, they say there was a struggle only involving michael brown and that it appeared the cop was trying to pull his arm into the vehicle and he was trying to pull away. >> most of them did not say that. there's conflicting reports on both sides. >> there were two people struggling with this officer. i've never heard that from anyone. >> second of all, this what we keep calling a robbery is misleading because people that viewed that video say they see people paying for stuff and putting stuff back. so we don't know -- >> you're not up to speed on the case. dorian johnson -- >> we don't know that. >> yeah, we do know that. because mr. johnson in the "new york times" yesterday, in his interview with the fbi and the st. louis county police last week for nearly four hours mr. johnson, dorian john, with michael brown at the time

admitted he and mr. brown had stolen cigarillos. >> allegedly stealing is not an executable offense. >> okay. i agree. but you're now making a different point. you're trying to tell me that's not been disputed. >> why would that officer get out the car and continue to fire shots in him? there was some type of struggle people say happened, but after that michael brown ran away, he was getting shots fired at him, you can't outrun bullets, he turns around and stops. maybe that officer was mad because he wanted to stop in the street and the kid said something that upset him. has that occurred to anyone that people do crazy things when upset. >> both of these men are experiencing this fight or flight instinct and make you do things out of character on both sides. good to see you tonight. >> thank you, megyn. >> michael t. brady also quoted in the trace report you just

heard and the "new york times" report also added that the police officer started firing on michael brown as he fled. so that adds something to the investigation. however they also quote the ferguson police as saying that actually mr. brown when he doubled back had lowered his arms. he didn't have his arms up, as he moved toward the officer. why do we tell you all of this? to show you there are two conflicting sides. there are two sides to this story. and many in the mainstream media won't tell you that. and many of these politicians won't tell you that. but there are. and this process will play out now in front of a grand jury and perhaps beyond. the attorney general of the united states eric holder is in ferguson right now overseeing an investigation involving a group of doj staffers who have seen some controversy of their own. wait until you hear this next. plus, missouri's governor now wants to clarify his remarks after he earlier stood by them. after he took a lot of heat, including on "the kelly file"

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including highway patrol officer ron johnson who was in charge of coordinating the response to the violent protest. he's also meeting with michael brown's family. jay christian adams a former doj attorney and legal editor. chris, good to see you. we're learning more about the resources eric holder is devoting to this case. and he's already suggesting that the witnesses are talking to the feds now because they won't speak with the local investigators, which is quite a showing of support by the attorney general for the local law enforcement. but in any event, what do we know about the doj attorneys who are likely looking into the michael brown case? >> well, this investigation will be conducted by what's called the criminal section of the civil rights division. i used to work at the civil rights division of the justice department. one of the things pj media has done over the last couple of years is to monitor the hiring practices of the criminal section. we actually had to sue in federal court to get the resumes of the lawyers. and, megyn, one after another every single one of these new

hires are far left ied logs, people who have a long history of fighting police departments, people who come from far left-wing activist causes. >> is that surprising? i mean, under president george w. bush wouldn't we have conservative leaning attorneys hired for these post sns. >> absolutely not. i was there. i saw who they hired. it was an utter balance between different ideologies, different people. it's completely different under obama, under holder. >> is there any evidence that while they may have fought against police misconduct, nothing wrong with fighting police misconduct, that they have some sort of bias against police? >> absolutely, megyn. just listen to the federal judge in new orleans, judge curt eng lhard who issued a 129-page opinion in a case brought by the same lawyers, the same unit of justice that's now in ferguson, and he found that they engaged in grotesque -- grotesque

prosecutorial misconduct, and this wasn't just fudging some facts. this was actually the lawyers blogging at the times picayune website anonymously during the trial, this was the lawyers denying to the federal judge they were doing this behavior. it's even worse. this was the lawyers who were in charge of protecting the constitutional rights of the accused police officers, were leaking secret grand jury information on blogs. i mean, it's totally outrageous. here's the worst part, megyn, they still work at the justice department. these lawyers were never reprimanded by holder. they may still be involved. they might even be involved in ferguson. >> that case is unbelievable because in that case they were saying the doj lawyers were anonymously blogging and trying to gin-up support for their side and then deny to the judge that they did it. how are these people even still holding their law licenses never mind working at the doj? >> well, this is what happens in

this justice department. if you're part of the i ideological team, the people that think they're out to oppress everybody, you get a pass. you don't suffer consequences for illegal conduct. and these lawyers like carla debinski, she's one of the lawyers engaged in this misconduct. she still works there at the doj criminal division. >> and that's the question about whether, you know, people are worried about the county prosecutor and whether he can fairly take a look at this case. can the doj? can this doj fairly take a look at it? that needs to be asked as well. good to see you. >> thanks, megyn. there's also a fight playing out right now in missouri about whether this officer is indicted and who will handle the prosecution. that's what i'm talking about. the county prosecutor, they're trying to boot him off the case. and he's not the one before the grand jury. one of his underlings is that

guy. but they want him off of the case. and it is getting ugly. we'll be right back with more from ferguson, missouri. i make a lot of purchases for my business.

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breaking tonight, we just saw an altercation on the streets of ferguson. we go now to our own mike tobin live at the scene. mike. >> reporter: hi, megyn. if you can see the small crowd here is a little bit agitated right now. what happened is you had a couple of white people, a couple of supporters of officer williams show up here. not a good idea if you're concerned with your safety. that drew a big crowd in. the bottles were coming over the crowd. and those two people are being protected by the officers back in that direction right now. they've put them in vehicles. the crowd god riled up.

it looks to me that they're either gone or ready to be gone with a crowd of officers around them. that's the second time this happened today. supporters of officers showed up at the justice center earlier today, same thing for their own protection the officers put them in the car and got them out of there. and it's raining. there's thunderstorms on the way. we're seeing the lightning and the rain just started coming down. that's going to change the size of the crowd, megyn. >> there was one person or two people? and what were they saying in favor of the officer? >> reporter: they had a sign, it was really hard to read because it got real chaotic real quick. they were walking along and had a sign in front of them, said something in support of the officer. and as they were walking there was a huge crowd that formed around, bottles coming over the top of the crowd, the whole nine yards. >> so in other words you're not allowed apparently to show up and protest for the other side. the only folks welcome to this protest are those who believe this cop is guilty? >> reporter: you're dealing with

a mob. so you can't come out here and support another point of view. they're here to protest and march with one point of view. they came out with another. it was not well received. >> is there a -- all right. now i'm being told in my ear we've got the video of what happened. let watch it. >> reporter: all right. this i think is a supporter of the officer. obviously not. >> back up! >> back up! >> back up! >> back up! >> michael! >> michael! >> michael! >> reporter: well, you heard my voice there saying obviously not, but that was in response to a producer asking me if i could get an interview with her. but cops were whisking her away. >> mike tobin, thank you. keep us up to date and stay dry.

beyond the protests playing out there in ferguson, there's a battle between governor nixon and mccull la. back in 1964 this prosecutor's father's this policeman was killed by an african-american man, and he wants governor nixon who could remove him from this prosecution position to "man up and make a decision". >> and so nixon needs to step up and say, yes, i'm going to do that, or, no, i'm not. and anyone who wants me off the case needs to call the governor and express their opinion to him. i want to go about my job, to do what i can to bring as much evidence and to bring the truth out on this case. i mean, the brown family deserves that. the community deserves that.

>> we're going to proceed as i laid out to people until i'm told, if i'm told, by the governor that i can't. and the most devastating thing that could happen is if a week from now, a month from now, he decides he's taking me off this case. you know, everybody's starting over. so stand up. man up. stand up and say i have this authority. i am not removing mcculloch, i am, and let's get on with this. >> tom dupree, a constitutional law attorney. tom, good to see you. this guy is under a lot of pressure. i mean, to a person you see these pundits on the other channels coming out and saying he needs to go. he needs to go. i have yet to see a really strong defender of his. why? why? because he had this incident in '64? >> that's the basis for the calls for recusal.

i think people demanding he recuse based on the fact his father was killed, father was a law enforcement officer killed in the line of duty, i think the calls to recuse on that are reckless and guilt by association of the worst sort. and to call on someone and question his integrity because his father was killed in the line of duty to me makes absolutely no sense. >> he has been elected four times. he was elected in '91 and re-elected every time since including four days before the michael brown shooting. has the community given him their endorsement. why has he suddenly now not capable of fairly prosecuting a case involving a white police officer and a black decedent. >> the irony here, megyn, is many of the people calling for his recusal that he has pre-judged the case based on the very officer. themselves have pre-judged the case against the officer.

it's perverse, it's ironic. and the fact is hundreds of millions of americans have relative who is are in law enforcement, who are in the military -- >> because he's got a lot of them. we should point that out. not only was his father was a police officer, apparently his mother worked for the police force and uncle and brother. quite a few law enforcement contacts which is another reason why some people say this looks bad to have him look into whether a prosecution should happen. >> he does. but look, the fact is a lot of prosecutors, a lot of judges have backgrounds in law enforcement. they have family members who went into law enforcement. >> judges too. >> judges too. >> good luck finding a judge who has no connections to law enforcement. >> there you go. and if we start disqualifying people on the basis of what their relatives do, we're headed down a slippery slope. >> quick question. >> you can't find anyone who can serve. >> what they say is maybe there's not an actual conflict but it's the appearance. so these people want to have the appearance of impartiality as well and they are worried whatever happens will be tainted because they don't view him as

fair. is it sort of a subjective test and not an objective test. enough people say i don't think you can be trusted then by definition you cannot be trusted. >> well, that's not the standard thankfully. it is an object of test. and, look, i think what people are concerned about is there are certain hard core people out there who would view any outcome in this case short of indictment and conviction as illegitimate, that it would reflect the illegitimacy of this system. they don't care about the process or care if the process was fair, they want a particular outcome and they're not going to be satisfied with anything short of that kout come. >> you wonder what if he sees this whole thing and eric holder takes hold of it and people within the criminal civil rights unit and who are they? tom, good to see you. >> thank you, megyn. >> just trying to point out again, folks, two sides on virtually every issue in this case. if you are just joining us, we saw a few tense moments in

ferguson. only one here in this missouri case and the crowd went after her. you can see the police whisking her away. more after the break. moderate to severe crohn's disease is tough, but i've managed. i got to be pretty good at managing my symptoms, except that managing my symptoms was all i was doing. when i finally told my doctor, he said my crohn's was not under control. he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that 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 infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure.

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breaking tonight, as darkness settles in in ferguson, missouri, it is suddenly pouring rain driving a lot of the protesters in the streets off of the streets. moments ago we saw this. a woman showed up, our crew on the scene said she looked like she was supporting officer wilson. the crowd did not appear to like her message. they started to challenge her. the police hustled her off quickly. do we have confirm of what that sign says? vigorous prosecution. our viewers who saw the show last night know what that was a reference to. we'll update you right now if you don't know. new developments now after last night we played for you a

statement by missouri governor jay nixon. he's a democrat. appearing to suggest that the police officer involved in the michael brown shooting is either guilty or at least needs to be prosecuted. listen to what he said. >> ten days ago a police officer shot and killed michael brown in broad daylight. we have a responsibility to come together and do everything we can to achieve justice for this family, a vigorous prosecution must now be pursued. the democratically st. louis prosecute and attorney general of the united states each have a job to do. their obligation to achieve justice in the shooting death of michael brown must be carried out thoroughly, promptly and correctly. once we have achieved peace in ferguson and justice for the family of michael brown, we must remain committed to rebuilding the trust that's been lost. so i ask that we continue to

stand together as we work to achieve justice for michael brown. >> justice for michael brown. not justice period. and that's an issue, legally. this broadcast, now, there's questioned the governor's choice of words, repeated choice of words, and last night told shepherd smith they stood by the story. but now they're going back saying the governor's comments yesterday were not indicated pre-judgment in this matter. the governor used the term prosecution to refer to all duties and responsibilities of the prosecuting -- former -- hold on, we lost mark furhman. let me start with you. what he meant when he said vigorous prosecution is really he just meant be a prosecutor who either does or does not indict and just does stuff that prosecutors do. >> yeah, i will not defend the words that flowed from his lips,

i found that to be irresponsible and unfortunate. however, the next day, i like that statement. so positive, next day negative, day earlier. he's saying justice not just for the brown family or michael brown, he's saying if there's not sufficient evidence, don't just file the charges. prosecutors can use to their discretion. he did the right thing the next day. >> you know, his problem is he didn't come out and admit his mistake. and the problem is it wasn't a mistake because it was a long statement and he repeated it over and over and over and over and it wasn't a mistake. it was an intentional statement. he needed to walk it back. but he needed to own it and say i shouldn't have done that. i shouldn'tin flame things any further and i shouldn't add fuel to the fire to those people who believe the only right result here is an indictment. because we don't know what the only right result is. we won't be there in the courtroom when the jury hears the evidence. let's go to mark furhman and get his thoughts on it. >> megyn, you know, when i first heard that statement it was not only outrageous but vigorous

prosecution i think the governor needs to bust out his -- prosecution is criminal proceeding against somebody charged with a crime. that's very crystal clear. this afternoon on "the five," dana said something i'm going to steal from her. she said this was scripted, checked, put on a teleprompter, taped, edited and we're going to go with it. this was not a mistake. this was a group of people with the governor that orchestrated this statement and it was meant to be exactly the way it was heard. >> he said it over and over and over again last night, mark. and now he wants us to believe all he was saying -- he wasn't intending to prejudge, but all he was saying he wants to ensure justice is served. do we have a short sound bite of what he actually said about justice? yes. listen to what he actually said about the justice that he wanted. >> we have a responsibility to come together and do everything

we can to achieve justice for this family. once we have achieved peace in ferguson and justice for the family of michael brown, so i ask that we continue to stand together as we work to achieve justice for michael brown. >> he wasn't asking for justice, michael brown may be the victim and only victim in this case and this cop may be guilty of murder. but that also might not be true. >> let me respond, megyn. >> first igelarsh and then furhman. >> a lot of people are angry. anger is nothing more than fear turned outward. what are we afraid of? like the prosecutors who may possibly reach the conclusion that there's not sufficient evidence to go forward. they're going to say, oh, my gosh, but the governor called for a vigorous prosecution. come on now, jurors, grand jurors. what about justice for the browns? we have to somehow indict even

if there's not enough evidence if they were to make that conclusion. this is a politician running his mouth. why are we so afraid? >> the first thing is michael brown is the one that placed himself in the suspect role in this encounter, not the officer. and the governor does not mention the officer one single time. like the officer has no civil rights. he is not a police officer in the united states. the constitution doesn't apply to him. it's only michael brown that they say they need to show justice or give justice or create justice for him. the officer is completely forgotten. this is a gross lack of leadership and common sense. this man, if he's trying to lead a state, he is not presenting the leadership role in this environment that he needs to actually present. >> double marks, thank you very much. moving ahead, we also have a very big story breaking tonight about the u.s. journalist who

was just beheaded by the terror group isis and a failed attempt by american special forces to rescue him. the white house came out with that today talking about the rescue attempts. why do we know that? why are they telling us that? general jack keane is next on that. we are born makers. we make inspiring things... that go beyond the expected and get people talking. things that make you wonder... ...how you ever lived without them. the all-new chrysler 200. america's import you make a great team. it's been that way sincthe day you met. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready.

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was reporting that president obama actually authorized a rescue mission for foley and others earlier this summer. it was ultimately unsuccessful. general jack keane is a former army vice chief of staff, four-star general and fox news military analyst. general, good to see you tonight. so why are we being told this? because the details are plentiful. it's rather extraordinary. >> yeah. i think as a matter of principle, megyn, we really shouldn't talk about these operations. and certainly an operation like this is no reason to disclose it. at a deference to mr. foley's family, i probably would have told that family what we had attempted to do at least and give them some comfort we did try to rescue him. even going back to the bin laden raid that was obviously successful, the amount of information released after that infuriated the secretary of defense. i know if our special operators are here, they don't want these things talked about. they don't want them out in the media. what will happen now because we

disclosed the event, journalists will pursue with sources to get more information about the details of that event. and that's what the special operators don't want out there. >> if you look at what the white house revealed, it's lengthy. they go into all sorts of details about the operation and what parts of it failed and where they were carried out and how they were carried out. it's also being reported that there is some concern among military personnel that the release of this info will impede them from carrying out this kind of operationn the future. do you share that concern? >> absolutely. listen, here's what they depend on. first of all, they need accurate intelligence. obviously in this case they didn't have it. secondly, they need the element of surprise. we plop them downright usually in the middle of the enemy. and after that they certainly have to rely on their extraordinary skill and also on their daring and courage. all those elements contribute to success. and certainly surprise is something they absolutely need

to have or else they lose the advantage. and so they don't want people on their guard about these kind of operations. we've got about eight hostages in seven different country. you can know for a fact that every one of those people who are holding them captive are looking at where are they, should we move them, what's the circumstances, do we have enough prevention here in the event somebody was coming after them. >> right. now we know how they did it. they offer quite a number of other details. and id they do it, general? was this a cya, criticis saying why didn't we do more to get these americans and did the administration have to defend itself? >> the obviously conclusion you come to they want to take credit for something they tried. it obviously didn't work. and i don't think that's enough reason for this kind of a disclosure. we want to do this again. the fact of the matter is when

we have somebody hostage, megyn, that is a very high-intelligent collection priority. and we are focused on that. and we seized the moment to try to get them. these are the most dangerous missions we conduct. it's easier to go kill bin laden than it is to rescue someone because success of the mission is dependent on rescuing them successfully, getting them out alive. >> wow. it's amazing how brave our troops are. this is a good reminder. general, good to see you. >> good night, megyn. good to talk to you. >> before the white house dropped that bombshell about this rescue, the president talked about what america would do next. what he said and what he did not when we come back with marc thiessen. factors like diet can negatively impact good bacteria? even if you're healthy and active. phillips digestive health support is a duo-probiotic that helps supplement good bacteria

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the united states of america will continue to do what we must do to protect our people. we will be vigilant and we will

be relentless. when people harm americans anywhere, we do what's necessary to see that justice is done. and we act against isil standing alongside others. >> that was president obama speaking earlier today about the murder of american journalist jim foley at the hands of isis terrorists. joining us with more, marc thiessen, a former presidential speech writer, "the washington post" columnist, marc, good to see you. the president says we will be relentless. what did you make of the speech? >> we're relentlessly paralyzed. i thought it was an incredibly weak statement. he spoke very movingly about jim foley, but then he continues to dismiss the threat that isis poses to the united states. this is a direct quote what he said, they may claim out of expediency that they are at war with the united states or the west, but the fact is they terrorize their neighbors. they don't claim they're at war with the united states. they are at war with the united states. this was a terrorist attack. they took an american citizen

hostage and beheaded him on global television. and this is for them. this is only the beginning. they're not going to be satisfied with one american. they want to kill thousands of americans. back in january when barack obama was dismissing these guys as j.v. terrorists, their leader issued an audio statement where he said my message to the americans is soon we will be in direct confrontation and the sons of islam have prepared for this day. they are coming after us and this is a warning shot we need to change course in how we're handling this. >> he seemed to be offering, you know, sort of taking the high ground and drawing the clear distinction between this terror group and the rest of the world including of course americans saying people like this, how did he put it, people like this ultimately fail. >> yeah. but that statement in and of itself is really disturbing. people like this don't fail. isis isn't going to magically collapse under the weight of its own ideology. people like this have to be defeated. people like this have to be stopped. the nazis didn't fail, they were defeated in a war.

we need to challenge it. we need to have a strategy to deal with these folks. really what's important here the real test for obama is not his rhetoric. it's his action. is he going to continue these pinprick stripes that are designed to contain isis, or is he going to have a prodder air campaign designed to defeat isis? is he going to take the war into syria? is he going to bomb them where their command and control is? or this measured action designed to do very little? i mean, two days before this he held a press conference to talk about ferguson and iraq. he said we're not the iraqi army, we're not the iraqi air force, the iraqis have to take care of their own security. that is the exact attitude that got us to this day that allowed them to take control of an area the size of belgium and start committing atrocitieatrocities, crucifying people, beheading people, putting heads on posts, we have to show american leadership to stop these people. >> marc thiessen, good to see you again.

>> thanks, megyn. we'll be right back.

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you think that's bad, i have a woman who worked for me on the kelly file sdp she got married to a man with the last name of kelly. her name is now kelly kelly. take that into consideration. until midnight, i'm megyn kelly. welcome to "hannity." this is a fox news alert. u.s. officials have confirmed that the video released by isis is in fact authentic and shows the beheading of american journalist james foley. former vice president of the united states dick cheney will explain right here on "hannity" also live coverage on the ground in ferguson, missouri, where police are bracing for yet another potential night of violent protests surrounding the death of michael brown. we're going to bring you the scenes from the streets all throughout the hour. but first, america and the entire world is in shock tonight after u.s. intelligence officials did confirm that isis beheaded american