that. >> they're just somewhere else now. we'll link up again, some hello and welcome to justice. i'm judge jeanine pirro. fox uncovers the bonn georgiay smoking gone, my opus on isis and bill o'reilly, is he a sexist? but three u.s. security orptives on the ground in benghazi on that fateful night years ago tell fox news what really happened when four americans were massacred by terrorists. these men risked their own lives to same ambassador chris stevens and the other americans. they were repeatedly told to stand down and wait. but instead they made a decision

to rescue fellow americans. going in the direction of gunfire. the rescue mission unfortunately, too late. >> i gave you that 30 minutes back, and i gave you some air power, would ambassador stevens and shawn smith be alive today? >> yes, to me, without the delay they would still be alive. >> my gut is yes. >> you in on that? >> i much strongly believe if we would have left immediately they'd still be alive today. >> with me now, shawn smith's mother, pat smith, good evening, pat. >> hi, judge. >> this has to be so hard for you to watch. but what is your reaction to the first-hand account from the men that tried to save your son that night saying they believe that had they been allowed to go when they first wanted to they might have saved him and ambassador

stevens but instead were told to stand down? >> that's correct. that's what they said. >> do you believe them? >> them, yes. i absolutely believe them. who else am i supposed to believe in the people who didn't tell me anything like the state department when i kept begging them to tell me what happened? they wouldn't tell me. so now i get the information that i've been waiting for, i needed. i've got to finish processing this so i can go on with my life. right now, my son is dead and three other guys are dead. and i just think of them as my sons. and my sons were -- they're all dead now and they were abandon and just left to die there. >> how does it make you feel when you hear these guys say that without that standdown order that -- >> standdown order -- what

standdown order? the government says they didn't give it. i don't believe them. nay lied to me. they've been lying to me and they will continue lying to me to cover up their own little self their own political stuff. >> you know, pat, you and i spoke almost two years ago when this first happened and the one thing you wanted to know is -- is what happened to my son that night -- to use your words as i watched that special i couldn't help but when i heard one of the men say that your son said -- i think he said he was online talking to a friend. had you ever heard that before? >> yes, i did hear that. he was talking to a friend and he said if we survive this, i don't know -- i can't think of the exact words any more. he didn't think they were going to make it. >> pat, the house intelligence committee came out and they said there was no standdown order. >> they lied.

>> how do you feel -- >> they lied. >> how do you feel about america and the government and what would you say to president obama and hillary clinton now? >> oh. don't ask me that. i don't like them very much. i love my country. i love my country desperately. but we've got some rotten people in there running it. rotten people making decisions. and i don't like that! i love my country. i do not like the politicians and i want them out! they killed my kid and they killed the other three guys and they're going to keep on doing it as long they as they keep them in there! they make rotten decisions. >> pat thank you for sharing your thoughts with us. our hearts go out to you tonight. hopefully you can get on with some kind of closure tonight. thanks, pat, take care of yourself. >> i want hillary to come up

sane it was me, i made a mistake. i blew it. i'll never do it again. >> do you think it was a mistake or a lie, pat? >> i think it was a lie. but i think she made a bad decision. is what i think. i think she made a terrible decision. >> i think a lot of them did. pat smith thank you so much for being with us. >> thank you, judge. >> with me now, retired colonel -- former state department official christen white. you have seen this explosive interview with the three men actually on the ground telling us what happened that night. you know, what's your take? i'll go to you tony shaffer? >> my heart goes out to mrs. smith. >> all of us. >> that delay of half an hour could have made a huge difference both to save the life

of mr. smith and ambassador stevens and the other thing about this. we know at the tactical level you need to get in there immediately. you throw the enemy off his game plan. that gives you time to reassess how to get in there. this is the bad news. this standdown order wasn't just there. there should have been air power there. someone had to issue a standdown issue across the board. someone is lying. the moment this is reported, three separate commands all spring into action and things happen automatically. someone had to turn all those off. someone had to issue a direct standdown order. >> it's worse than that, tony and i'll tell you why. it's not just that they didn't get the order to go, the fast teams, the emergency response teams you had guys who wanted to go who were told you can't go. christian, what's your reaction? >> i think it just reenforces a

lot of what we already suspected. first of all that the time made a huge difference. it wasn't the case that these guys knocked down a door and started shooting. they took time and had trouble getting in. and they started fires that eventually killed them. that could have been prevented if they had been allowed -- but the other implication is that hillary committed a crime. she lied to congress in her prepared remarks which she spoke under oath saying no one gave a standdown order and it looks very much depending who you believe that she lied to congress. >> do you know -- toney, shafer do you know if anyone has spoke to that chief of base, the guy that was right there? >> the honest answer is i believe that congress called him in. there have been several closed hearings. it's not clear on what all congress has. and i think they are keeping cards close to their chest on

how they are going to conduct the hearings. people know stuff, judge. people should be coming forward to provide it as quickly as possible. there are multiple violations. for mrs. smith and others we are owed an accounting of what happened that night. >> when we talk about shawn smith and what he was doing in the final minutes and we know of the cables ahead of time that these guys wanted more security. and yet, the security was tamped down for them. christian, what do you think it says to the rest of the world about our ability and our government's determination to help americans in trouble? >> it's really disappointing, you know, the state department has been given by congress almost everything it asked for over the years. if you look at the budget for diplomatic security which protects the diplomatic officials that started the spike in security it's gone from 200 million up to 1.8 billion. when the state department says we don't have the resources

they're not telling the truth. the fact is under hilly and obama the state department had this mantra that the tide of war is receding. if the president says it it must be true. when they asked for a.50 caliber machine gun and marine guard and more air power it was denied by hillary and the state department. >> coming up, the gloves come off. i give my statement on the president's mixed message on isis. and vote in tonight's poll. does the president know whether he wants to defeat or contain isis? i've always loved exploring and looking for something better. that's the way i look at life. especially now that i live with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. i was taking warfarin, but wondered if i kept digging, could i come up with something better. my doctor told me about eliquis...

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it took three news conferences for the president to get his message straight on isis. he now says we must dismantle them. the strategy to do that? not so clear. with me now former u.s. ambassador to the u.n. and fox news contributor, john bolton. all right, we push them back and destroy them, we manage them, we dismantle them, we degrade them. is the president in over his head, or doesn't he care or did

i miss something? >> all of the above. it took them close to a week just to get the message straight. but that didn't mean they have the strategy straight yet. i think the president spoke his true feelings when he said he wanted to turn isis into a manageable problem. that has been his approach to international tir ritual from the 2008 campaign forward. he doesn't see the united states as being in a war. he doesn't see us being a constant source of attack by the terrorist. he wants to treat it as a law enforcement problem. reality has intruded on his dream world with the beheadings of these two americans and the other crimes that isis is committing. now he has to do something. but his heart is not in it. >> let me ask you this, you know, when you've got all of these messages from the white house, even dempsey says, you know what, we've got to go into syria to go after isis.

and it's almost like the president isn't even on the same page with these guys. does he talk to them? >> well, i think it's a reflection of the president's basic view that getting into a war even against barbaric terrorists is something he doesn't want to do because that's the stupid stuff that he thought george w. bush's administration did. but i also think it reflects an underlying ideology that fundamentally the united states is actually the cause of much of the problems we see, the terrorist threat we see in the middle east. he has said several times going back to his state of the union message in january that long term deployments of american forces cause extremist. our forces cause extremism. that's the president's view of the united states military. so under that view, you put them back in in syria or iraq to deal with isis and you're going to

encourage more extremism. in other words we're the cause but not the answer to the threat but it's the cause. >> you know what it sounds like, even rouhani from iran was saying that all these extremist organizations are our fault we created them. when our president sounds like the prime minister of iran rouhani. i mean, then that's scary stuff. but it's if the white house knew about isis for at least a year. then how could they allow it to get to this point? >> because i think in the president's mind as he says, these movements of destruction ultimately fail because they're on the wrong side of history. he thinks they'll burn themselves out and they are a low-grade operation and not strategic threats. they're like street gangs that knock over the local starbucks every few weeks. you don't get upset about it and manage the problem as if it were a law enforcement matter.

the president said in 2009 in a statement concerning afghanistan when somebody said don't you want to beat the taliban and al qaeda there. he said i'm worried when i hear that word "victory" it implies hirohito surrounding to macarthur -- which didn't happen -- but the idea we're in a war we're trying to win is far into the president's view. and i think that he believes that kind of attitude by america is the underlying cause of much of the difficulty. so that it's america defending itself that instigates more terrorist activity against us. and if you believe that, crazy as it is, the rational response is that america shouldn't defend itself adequately. that's why he can't get to the point of saying he wants to destroy isis. >> all right. thanks so much for being with us. >> thank you. >> and coming up, shocking new >> and coming up, shocking new details on isis re

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job. now back to "justice with judge jeanine." >> clearly, isil has come to represent the very worst elements in the region that we have to deal with collectively. and that's going to be a long-term project. it's going to require us to stabilize syria in some fashion. >> isis militants have taken over towns and cities in syria and iraq killing tens of thousands in the process. u.s. launches air strikes in iraq but even obama administration officials have said you cannot stop isis without dealing with the situation inside syria. with me now, fox news military analyst and the strategic communication adviser for the syrian coalition. general mcnearney is there any question but that we need to

bomb isis in syria? >> not in my mind, judge. it's very important. that's where their safe havens are. that's where most of their ammunition and their population center of gravity is. we need to go there and in iraq. >> i understand that you believe that we need to go into syria. >> absolutely. isis is exposed in syria and the reason why isis has a vulnerability in syria is because it is facing local resistance by syrian communities that are suffered under its controlled and because the free syrian army has launched a ground campaign against isis now. is a real window of opportunity for the united states to launch crippling air strikes against isis command and control and its leadership as these -- as this terrorist army faces local

resistance by the syrian freedom fighter. >> general mcnearney. what do you say to people who say if we go in there and we bomb isis or you know try to take out isis we are then on the side of syrian president assad as well as iran? >> well, that may bey true. but the real facts are if you help the free syrian army destroy isis and to give them strength that they can go put more forces against bashir al assad's forces you have enabled the free syrian army which we know the right ones and we're going to enable them to be very successful. so people can say what -- that, but in reality of life, making the free syrian army stronger is the most important thing in syria. >> you know it's interesting when you think back to world war

ii lining up with stalin against hitler. sometimes you have to do that. but let's talk about the fact that you know, our president has talked about the international community as joining him. it's like he wants a stable syria and a stabilized iraq before he does any of this. and we're not hearing anything about the arab countries joining us in this effort. >> on the bashar al assad issue, there is data that connects assad to extremist elements that were allowed to grow and expand under the watch of bashar al assad. the assad regime is not blameless for allowing isis to expand into syria and go into iraq. >> by that same thinking, and i'm sorry to interrupt you. but when you want to talk about blame if we followed through

with our red line threat then maybe we are somewhat, you know, should be taken to task. >> judge, you're absolutely right. if the air strikes had commenced last year when president obama made a statement regarding the red line assad had crossed we would not have seen isis in control of parts of eastern syria and we would not have seen isis launch into northern iraq and threaten a global terror campaign >> general mcnearney how long will it take before we think about going into syria? >> it may take us one or two months the way he's operating. i'd start tomorrow and it will be over in 90 days, particularly with the free syrian armies there and the intelligence we can get with them. we have 60 to 70% of the forces in place to do it. >> thank you so much for with us this evening. with me now, the founder of

the investigative project, steve emerson. steve, isis has americans worried. how justified are those fears? >> very justified. look, judge, the problem here is that it's not just a regional issue. isis definitely is a threat in the region of the middle east to the saudi arabia and united arab emirates and jordan. it's a threat to israel. but they are a threat to the united states. there are nearry 300 to 400 american volunteers with u.s. passports now fighting for isis. they can return to the united states any time they want. the fbi has been handcuffed in terms of investigating religious extremists in mosques as a result of guidelines put out by the attorney general earlier this year. and so therefore there is a strict -- there is a definite

problem now in investigating those militants in the united states who are recruiting for isis or have returned from syria or iraq having fought for isis and ready to carry out freelance or directed terrorist attacks on behalf of isis against the united states. that's if first problem that we're facing that's not being met or handled properly because of the constraints put on law enforcement by the government. >> tell the audience what you mean we the restrainted on the fbi by the department of justice. >> the department of justice put out guidelines that restricted the fbi and other law enforcement agencies from using religious -- factors in identifying threats national security threats to the united states in the homeland. if someone was a religious extremist though they didn't plot to carry out an attack that could not be factors into an investigation into an intelligence investigation into

identifying them as a potential threat to the united states. therefore, they would have to wait until they actually plotted to carry out an attack. well that's too late and unfortunately what we're seeing right now is the fact is that we've seen massive numbers, increasing numbers of volunteers going over from europe and asia and africa but isis is recruiting engineers, social media types, people who have expertise and carrying out sophisticated terrorist attacks, coming back to the united states. if you were -- i got an e-mail from an fbi agent yesterday and he said no one remembers what happened in the 1980s when the jihadists went to afghanistan to fight the soviets then came back. what happened? in february 1993 they plotted and almost took down the world trade center that time. they didn't. they failed. they returned again in 2001.

so the reality is -- judge, that with the handcuffs put on by this administration there's a disconnect between what we're not doing against isis we should be decimating them. the president said it may take one two, three years. >> you know what's amazing to me? it's just like the boston bombers. they are telling us not once but twice these guys are terrorists, and they are going in and out of the country. not calling the fort hood shooter a terrorist but workplace violence. steve emerson, these recruiters where are they going to get these potential jihadists? >> they're going -- there's one recruiter that was just picked up -- identified in bloomington, minnesota at the mosque. there are recruiters going around the country in other mosques where they identify potential volunteers.

they test them out to see if they are willing to die on behalf of martyrdom for ayla. they give them cash and provide for their families. they give them tickets to go through turkey. turkey allowed hundreds to go through to syria. then to iraq. and we count turkey as one of our top allies. they are not on the terrorism watch list, which we should. there is a major disconnect between what we should do to protect the homeland and protect american citizens versus what the president is doing and not stopping isis on the ground in iraq versus what he's not doing here in the homeland itself. >> steve emerson always good to hear your take on things. thanks so much for being with us. coming up, obama's state department versus bill o'reilly and the dnc chair's oijs domestic violence (vo) if you have type 2 diabetes,

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a war on women? democrats repeatedly accuse republicans of waging such a war. a state department spokesperson accuses bill o'reilly of being a sexist. >> scott walker has given women the back of his hand and there is no -- i know that is stark. i know that is direct.

but that is reality. what republican tea party extremists like scott walker are doing are grabbing us by the hair and pulling us back. >> the claim blatantly false. the visual horrific. but even worse she ridicules the pain of real victims of domestic violence. yes, there are women that get the back of a man's hand. and yes, there are women yanked by their hair. i know. i've seen chunks of hair on the floor accompanied by tape. crime scene tape. it's a scene of a homicide. how dare you minimize the plight of battered women to benefit your politics and your trumped up war against women. my next guest a political strategist joins us. she retract tracted the

statement and i'm going to read it to you. i think we have it here. i shouldn't have used the words i use bud that shouldn't detract from the broader point i was making that scott walker's politics have been bad for wisconsin women. is that a real retraction? >> that was a non-apology apology. what she said is there's no room in the political debate for that kind of language. how can you say you're for women and use that kind of language that is offensive to all people and how you mention to so many families that have been affected by domestic violence. you know, it's just the kind of language that democrats use the lowest common denominator kind of stuff that has no place in politics. democrats are trying to say there is a war on women but they use it to not talk about real issues and use inflammatory

language so they don't talk about how obama and democrats are failing women. and she's there in wisconsin where governor scott walker has done a lot of things to improve the economy and helping women. >> and now i want to move to the bill o'reilly part. we have a sound here from jen psaki. >> that woman looks way out of her depth over there. it doesn't look like she has the gravitas for that job. that brings us to john kerry, the secretary of state. >> all right, now, when bill o'reilly says that women doesn't have the gravitas he is then accused in a twitter claim and in another sound of being a sexist. marie harf says, too bad we can't say the same about the o'reilly factor with -- she says, state department

spokesperson explains foreign policy with intelligence and class. all right, now, then we've got another sound. guys, do we have that? where there is a criticism of bill o'reilly? >> he looks to me looks, to me, befuddled. jay carney, you may not have liked him, but he looks like he understood the process. mr. ernest doesn't look like he has a whole lot of credibility. he just looks uncertain to me. >> we don't have the sound. they come out and say bill o'reilly is a sexist. i apologize to the viewers about that. what we have played is bill o'reilly clearly criticizing men and women. if you say a woman is in over her depth, does that make you a

sexist? >> no. he calls everybody out. the fact is the state department should be dealing with the international community and not attacking fox news. they need to be dealing with all they need to be dealing with all these international crises. [ female announcer ] we help make secure financial tomorrows a reality for over 19 million people. [ susan ] my promotion allowed me to start investing for my retirement. transamerica made it easy. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow.

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this is awkward. go to comcastbusiness.com/ checkyourspeed. if we can't offer faster speeds or save you money we'll give you $150. comcast business built for business. in my last opening statement i criticize president obama's response in both words and action to the beheading of american james foley as being so whimpy and pathetic that it was embarrassing. here's what you had to say. you tell him, judge janine.

dave says bravo. america and americans are at risk of being attacked and killed around the world and what does our president do? he's yelling, four. how is it president obama hasn't been thrown in jail yet? not going to happen. i agree with judge janine and everyone in this country should demand he resign. i agree with you judge. if obama doesn't have a plan to wipe isis off the face of earth, we need a new president. and now to the results of tonight's instapoll. does the president know whether he wants to defeat or contain isis? mike says, how about a third choice, encourage isis. i don't think he knows what he wants, except one thing.

he doesn't want to be president anymore. it's written all over his face. jim says he doesn't know if he wants fried eggs or pancakes for breakfast. he'll be stressing about that one all night. the man is in way over his head and wants it all to go away, much like we want of him. gary says he wants to know -- i can't read it, guys. gary says only wants to know about is when the next tee off time is. james says, what president? that position was abandoned a long time ago. joe, judge, don't you think president obama is working on a plan behind the scenes that you don't know about? hey, i hope so. i hope i'm wrong. ryan says he's waiting for the answer to show up on his teleprompter. and that's it for us tonight, so thanks for joining us. remember to friend me on

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hey, everybody. good morning. today is sunday, the 7th of september, 2014. i'm an anywayna kooiman. the president is delaying action on immigration untilz