. >> in the end, one mexican national, a member of a rip crew, lay wounded and brian terry was dying.agpipes ] >> last night border patrol agent brian a terry was shot and killed in the line of duty as he encountered several suspects. brian terry's life of service to god, family, country and corp, is a life well lived. >> our stronghold along that border was agent terry's final stand. >> it doesn't get easier. i do not relish as chief of the border patrol handing out folded american flags to surviving family members. >> sean: it was to have been agent terry's last night of work before going home to michigan for a christmas vacation. >> brian did come home that christmas. we buried him not far from the house that he was raised in prior to christmas day. >> there are times when you just can't hold back the tears, because it is like losing a son, losing a nephew. i truly felt like a true son of the united states of america was lost that night. >> sean: at the scene of the shooting agents arrested a man and recovered three ak-47 weapons w-2 purchased in arizona by a man who was under surv

certainly, for brian terry's family.y need to know this can never happen again. >> greta: also for those who are being reassigned and scapegoated, we need that for them too that is not right if that is happening to them. congressman, thank you. >> thank you. >> greta: new look, easier to use and one scan an check out the barcode on the bottom of your screen now. all you need is your smartphone and a barcode reading app get close to your television, open the app and scan with your phone. you will have an all access pass to everything greta wire. >> here's a look at what is coming up on the o'reilly factor. >> bill: is there a big feud between romney and perry? we'll have the inside story. >> it is legal on president obama's uncle held by ice. >> greta: that's 11 p.m. eastern time. >> coming up mexico's president is blasting the united states. we'll tell you why, that is coming up. >> they all did it. president reagan, schwarzenegger, even ventura. now a new celebrity face is eyeing the coveted political -- [ inaudible ] [

shown up at a dozen violent crime scenes in the u.s., including the murder of border patrol agent brian terry last december. and administration sources tell cbs news "nobody is naive enough to think these changes end the controversy but the department of justice does believe a.t.f. has been bogged down because of mistakes made over the past couple of months and desperately needed fresh air and a new start. >> pelley: thank you, sharyl. there are new numbers out today on home prices. they rose 3.6% in the second quarter of this year compared to the first, but they are still 5.9% lower than a year ago. and here's what's so puzzling: despite lower prices, homes are not selling. we asked chip reid to find out why. >> this is one of our two bedroom bungalows. >> reporter: in south end, indiana, real estate agent peggy north can hardly believe this house hasn't sold for. $51,000, about $10,000 less than it sold for eight years ago. >> in 21 years i have never seen this market. >> reporter: overall, home prices in south bend are down 10% from a year ago and sales are down 17%. nationally, it's the s

including one where border patrol agent brian terry was killed. >>> in libya this morning, moammar gadhafi remains on the run but rebel leaders say they have a good idea where he is and they are closing in. rebel forces are moving in on the town of sirte, a gadhafi stronghold. they've given pro gadhafi forces until saturday to give in. the libyan rebels captured a soldier who says he saw gadhafi say good-bye to his family. barry petersen has the story. >> reporter: it was friday and libyan government soldiers commanded by gadhafi's son khamis had retreated to this base in tripoli where gadhafi's last frantic moments in power may have played out. 17-year-old soldier abu salim's job was protecting gadhafi traveling in convoys. now a rebel prisoner he was yards away from khamis when the dictatorship ended. about 1:30 in the afternoon an ordinary car pulls up, nothing fancy that would attract attention, inside, moammar gadhafi, joined shortly after by his heavily pregnant daughter, aisha. "gadhafi looked calm" says abu salim. during a 15-minute meeting gadhafi hands over the control such as it

alisyn: he died on duty gone wrong, brian terry, murdered by one of mexico's drug cartels. why? >> is the left leaving barack obama? some suggest a buyer's remorse. a terrific panel tackles that, next. bill: new this morning out of arizona the governor bringing her immigration fight to the u.s. supreme court, jan brewer filing an appeal to overturn the recent immigration law, her lawyers argue that arizona bears the brunt of the nation's border enforcement problems, the first appeal rejected by the ninth circuit court of appeals back in april. alisyn: a new purpose for a former u.s. navy destroy he, the 563-foot ship is the longest vessel to ever be sunk as an artificial reef in the atlantic ocean. here's video of it going down intentionally, mind you, right off the coast of philadelphia, the ship was retired back in 2003 after 26 years of service to the u.s. navy. it will join other man-made items at the seafloor, including new york city's subway cars, those reefs create habitats for sealife. bill: you can have an idea to go diving on the weekend, right? check it out. >>> mount

i didn't believe it at first. >> reporter: brian terry died in a shootout near the mexican border.amily wants all those responsible brought to justice, from the man who allegedly fired the gun to the one who bought it. >> our number one goal is to pursue the prosecution of all the killers of brian. >> reporter: in a surprise move this week arizona's u.s. attorney opposed a routine motion to list the terry family as a crime victim. >> it's mystifying to see the government try to deny the family of this fallen hero the basic respect and compassion that they are entitled to as crime victims. >> reporter: in a motion u.s. attorney dennisburg says the family was not directly or approximately harmed by the illegal purchase of the murder weapon. that the real victim is not any particular person but society in general. earlier this year when even dieting gun buyers,burg suggested the opposite. >> that gun will be down in mexico some time within 24 hours to be used by drug cartels in a war they are having. >> reporter: some believeburg had a conflict because he direct he the operation that

the murder of border agent brian terry. there was a massacre in sonora and the torturing and killing of a lawyer in chihuahua. but now we know that is the tip of the iceberg. of the 2,000 guns sold under government watching with $,400 are still out there. 274 have been recovered in the u.s. in routine police work in a stash house where cops will seize the money and the drugs and the guns. 11 violent crimes, there were fast and furious guns used in the united states. this document reveals the d.o.j.'s damage control strategy. they will say this was approved in arizona by the u.s. attorney and atf. they are not giving names or dates anyone in who knew about it or approved the program. they are saying we allowed these gun smuggling crews to buy these guns and we continue to operate. then however in classic double speak the d.o.j. says, quote, to alloy the transfer of firearms to continue should not be construed to suggest the atf condones or sanctions the suspected firearms trafficking activity. that is highly ironic consideri

i just -- i didn't believe it at first. >> reporter: brian terry died in a shootout near the mexicants all those responsible brought to justice, from the man who allegedly fired the gun to the one who bought it. >> wur number one -- our number one goal is to pursue the prosecution of all the killers of brian. >> in a surprise move this week, arizona's u.s. attorney opposed a routine motion to list the terry family as a crime victim. >> it's mystifying to see the government try to deny the family of this fallen hero the basic respect and compassion that they are entitled to as crime victims. >> in a motion u.s. attorney dennis burke says the family was not directly or proximately harmed by the illegal purchase of the murder weapon, that the real victim is not any particular person, but society in general. yet, earlier this year, when indicting gun buyers, burke suggested the opposite. >> guns can be found in mexico sometimes within 24 hours, to be used by drug cartels. >> some believe burke has a conflict because he directed the operation that led to terry's death. >> you have to wond

border patrol agent brian terry.rrell issa says his demotion does not solve the problem. it's still there! >> brian terry's family, his mother and siblings, they've never gotten a fair recognition of who is responsible. there are people who were part of the chain of those weapons that ultimately killed brian terry who have not been charged with any crime of this magnitude. >> mr. issa says he will continue to investigate the program until it's dismantled for good. >> hawkeye the dog who famously laid by his master's casket at his funeral is expected to lead the iowa hawkeye football team on to the field this season. hawkeye belonged to navy seal john tumelson, a native of rockford, iowa, he was one of 30 servicemen killed when their chopper was shot down in afghanistan on august 5th. now the university of iowa planning to honor that navy seal by using his dog, hawkeye. >> that's great. >> meanwhile, tuition costs are soaring and savings are dwindling. now with kids heading back to school this time of year, parents ar

so far border patrol agent brian terry was killed last year by weapons that were part of that operationd it's now being reported that at least 11 more violent crimes are associated with this scheme. joining us now from austin, texas, republican senator john cornyn who is investigating the situation. senator cornyn, a couple of people have been on this issue for a long time, sharyl attkinson over at cbs news has been on this and frankly, the more i find out about it, the more outraged i am. we saw this operation. we were directing this from the justice department and now we find out that these guns were at the scenes of 11 more crimes and this time in the united states. >> well, eric holder, the attorney general either knew or he should have known this operation that started out of the field office in phoenix. but i learned recently as a result of the investigation of senator chuck grassley and congressman darrell issa that it had spread to houston, texas where straw purchases were being made. the gun shop owner called atf and said hey we think there something wrong here. no, go ahead an

well, one of the reasons is the fact that a border agent by the name of brian terry was killed by oneken across the border. well, his family has asked the u.s. attorney in arizona to declare them to be crime victims because the family wants to intervene as victims in the case against the 23-year-old guy from phoenix by the name of jamie avilla, the guy that bought the gun that eventually killed mr. terry and the family wants to be able to give him crime victim's status to be able to speak at the sentencing and the right to confer with the prosecutors but the u.s. attorney says no. you do not get that status which is extraordinary and the former u.s. attorney said it's simply disrespectful. >> it's mystifying to see the fami government to try to deny the family the basic right they're entitled as crime victims. you have to wonder if it's part of a strategy to avoid legal responsibility for some of the tragic mistakes of operation fast and furious. >> and the reason that this is causing such an uproar is because this is a commonly thing -- it's a common occurrence that they do grant thi

bill: a botched gun running sting may have led to the death of border patrol agent brian terry. two top officials stepping down, but the questions do not end there. >>er in the hands of the cartel. we have confidential sources that have shown us why the administration's representatives knew these weapons were going to the cartels. not mostly not maybe, but virtually all of them. [ male announcer ] life is full of missed opportunities. like the exotic vacation you nev took. but there's one opportunity that's too good to miss. the lexus golden opportunity sales event. see your lexus dealer. with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. and the more i focus on everything else, the less time i have to take care of me. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help ler a1c. glucerna products help me keep everything balanced. [ golf ubs clanking ] [ husband ] i'm good! well, almost everything. [ male announcer ] glucerna. delicious shakes and bars. helping people

smuggle american guns into mexico, two of those guns found at the scene where border patrol agent brian terryhot and killed last year. joining us now, criminal defense criminal dwayne cates, also with us, doug burns, a former prosecutor. doug, it's always been my understanding, based on high school civics, that congress is supposed to pass laws, and the administration is supposed to enforce it. so how are they getting away with passing what amounts to a law here? >> you forgot maybe the second half of that, or a college course in administrative law, jon. jon: i didn't take that course! >> which joking aside, seriously, says that congress can additionally delegate authority to administrative agencies to engage in rule making, and as a matter of fact, there are dozens of federal agencies that create and enforce rules every day, the fda, epa, and so forth. so the question is -- you're actually right on some levels. what's interesting about this, real quick, is that congress said that if you sell more than one handgun to somebody within five days, that has to be reported, but they didn't say this

that is the murder of brian terry, a basically a massacre in sonora and also torture and murder afterow we have the doj admitting that these guns were used in 11 additional violent crimes. now, senator grassley and congressman issa are saying, we want to know the specifics. of. where those guns were found, what cities and how they were used and we know that the atf knows that information. they're not sharing it which is part of the frustration on the part of the congressman and also the senator. and what i was going to talk to you earlier is that basically the doj in this document lays out a strategy for continuing -- containing this controversy, if you will. number one it was up to the u.s. attorney in arizona. it was his fault. they're not giving any names or dates of anyone in washington who knew of this operation. finally there is this rule within the atf manual allows them to transfer, to witness a transfer of a gun from a bad guy to another bad guy. they're saying based on that, fast and furious was possible. but critics will say wait a minute. that was supposed to be a one exam

fast and furious, the botched gun running sting that may have led to the death of border agent brian terryy, two new shoes dropping at the agency responsible for the failure. >>> and, it is almost unheard of for a sitting president to face a challenger from his own party in the race for reelection to a second term. but could hillary make history? a democratic strategist on that, after the break. >>> plus, she's been missing for two years. today, an album of music recorded by her father in law revealing what he says is a twisted love triangle. but did this father in law just provide motive for his son? that's in kelly's court. >> but the fact that they have the journals now, they can confirm that she initiate dollars the relationship that we had, that it was, you know, very sexually charged. megyn: new developments concerning convicted polygamist sex leader warren jeffs, texas prison officials say he is sedated, responsive and should recover from complications from malnutrition. look at that pakistan, extraordinary. jeffs has apparently been fasting since his life sentence after being convi

. >> brian terry and also maybe they're still finding out, there was another border agent killed, oneguns may have been at that crime scene as well. >> in arizona and texas. so the thing is far from over. we'll keep you in the loop when we get more details. in the meantime, the rest of your headlines for a wednesday. george and cindy anthony giving the first tv interview to dr. phil. in exchange, they will make a contribution to one of their foundations. casey's parents will not profit from the donation. cbs news claims it never pays for interviews and a different arm of the network is playing the caylee fund for the sit down. that's how they work those things. >> and the delaware aclu is fighting to keep sex offenders next to a daycare center. keep them next to the daycare center. the group is asking the judge to stop their eviction saying a plan to evict sex offenders from safehouses right next to a daycare center in wilmington is unfair. the aclu also questions whether a daycare actually qualifies as a school. brian? >> on the sixth day, he came to his senses, the man who has been