today,ñr he talks about some of his challenges, past and present, with catherine herridge. >> reporterert mueller has served two years beyond the standard ten-year term, by request of the president. as he leaves in the wake of the benghazi attack and attacks on u.s. citizens? >> does the fbi collect the data and evidence? >> yes, if you have the authority under the statute to capture e-mails of somebody, you capture them and review them. >> so to be clear, the fbi is only collecting american's e-mails under a court order? >> yes. >> as a result of the nsa leaks by former contractor edward snowden, he suggests they are changing the way they operate. >> our capabilities have been impacted by the disclosures. >> regarding the attack that killed ambassador stevens and three other agents, mueller explains why it took so long to reach the scene. >> on the one hand, it was inertia, on the other hand, we want to make sure we have the adequate security to send men in. >> also, the bombing in 1988 over scotland where 270 people were killed. as for benghazi, what is holding up the investigation?

catherine herridge looks at how limited strikes worked before. james rosen at the state department looks at the possible blow back the action may carry for our allies and adversaries. we begin with chief white house correspondent ed henry with where things stand now. hello, ed. >> reporter: good evening, bret. fox learned tomorrow the white house will brief top house and senate members about key intelligence involving syria, and also possible strikes that are planned against syria. what we're still waiting for is actual report to the public about what that intelligence shows and we're still waiting for the president to make his case. as president obama spoke out on the peaceful, nonviolent legacy of dr. martin luther king junior, another day passed without him speaking out on whether he is about to launch military strikes against syria. the commander in chief has thus far left his public case to vice president biden and others, while his counterparts in britain and france have spoken out. legislatures in both countries are coming back for emergen

catherine herridge is live in washington now. catherine, what are we learning?harris, think of the intelligence assessment having four boxes that need to be checked. number one, identifying the them call agent. number two, how it was fired. number three, who controlled the delivery system, in this case, rockets. and number four, the chain of command. who made the call to launch the attack. the assessment released by the administration today seems to check all of those boxes. and offers a possible motivation that the syrian regime uses chemical weapons to gain the upper hand or break a stalemate in areas where they are struggling to hold the territory, harris. >> harris: what is the key evidence on this. >> according to secretary kerry today an electronic intercept most like lay phone call from those close to assad. >> we know that a senior regime official who knew about the attack confirmed that chemical weapons were used by the regime. reviewed the impact and actually was afraid that they would be discovered. we know. this and we know what they did next. >> amo

catherine herridge knows this story all too well. she has tracked her every move. s had she had say catherine. >> without taking questions today janet napolitano telling reporters the experience taught her one thing. >> looking back over the past four and a half years. i can say that if there is one take away, one object lesson and core operating principle that i have learned and embraced as secretary, it's this: in a world of evolving threats, the key to our success is the ability to be flexible and a jill. add agile. she made role central focus. immediate response to hurricane sandy on the ground within hours. won praise from even her critics, phil. >> what about those critics, what do they say. >> they say knap followed the administration's lead by trying to minimize the threat referring to terrorist attacks as man caused disasters when she took the job in 2009. on knap's watch two major terrorist strikes including the boston marathon bombing three were killed and 260 injured as well as two near misses including this attempted car bombing of times square where th

catherine herridge live in washington with the rest of this story. catherine?> well, shepard, senior intelligence officials described the problem as technical and involving the nsa's collection of so-called bundled communications under section 702 which focuses on foreign email. one example of bundled communication can be as simple as opening up your personal email account. the screen shows multiple messages. if one of those messages is from a dargt the nsa was tracking, all of your messages would be captured because the nsa did not have the technical ability to separate the suspect email from the emails belonging to u.s. citizens. today in a briefing for others, the nsa outlining corrective actions which break down into three categories. new technology including filters to exclude data belonging to u.s. citizens. date that that can't be filterside subject to new restrictions and the. in sa can only hold the data for two years. no longer five. a leading senate democrat and nsa critic ron why den describing today's documents as long overdue and serious violation

catherine herridge with this from washington tonight. the obama administration confirming today that they knew about the controversial move in advance. >> there was a heads up that was provided by the british government. so, this, again, this is something that we had an indication was likely to occur. but it's not something that we have requested. both the white house and state department today pushed to explain whether they will get access to miranda's computer data confiscated by the british. and no condemnation of the incident. >> did the united states support his detention. >> i don't have anything more for you than i just republican senator james inhofe ranking member of the armed services committee confirming he can't support investigation. the 20 pieces of legislation are now being considered to reign in the nsa. adding to the sign the white house has lost credibility. >> think have been saying one thing publicly to congress and the courts. it turns turns out that quite another thing has been taking place behind closed doors. >> t

director mueller talks about that and future threats with chief intelligence correspondent catherine herridge. >> we are closely monitoring the situation. i would say that it may well have been postponed. one of the contributing factors, i believe, is the fact that we ramped up and that precautions were taken and that the opportunity they thought they may have had at that juncture was no longer there. >> reporter: as for a reported conference call between terrorist leaders? >> we are seeing dialogue between core al qaeda and the affiliates. the countries are going through the arab spring that will territorially present the substantial threat down the road. >> so al qaeda is not dead? >> no. >> reporter: the threat connecting most home brown plots from the ft. hood massacre in 2009 to the boston marathon bombing earlier this year is that the suspects are followers of anwr al awlaki. the first american targeted for death by the cia. >> the increase in individuals who are radicalized on the internet and in addition to that can gain the knowledge on how you develop an explosive device on the inte

catherine herridge with our report on how a possible strike could unfold. >> reporter: as obama administration weighs its response to syria alleged use of chemical weapon, state department acknowledged the risk. >> there are a variety of factors that go into that determination, possible consequences and affects in the region. >> reporter: among compelling examples clinton administration response to bombings in 1998. this pharmaceutical factory in sudan believed at the time to produce chemical weapons and training camps in afghanistan were bombed, with hindsight, observers say that missile strikes strengthened bond between al qaeda. >> you are going to use limited military power to send a signal in this case it was al qaeda will not be allowed to threaten the u.s. immediate aftermath is that organization becomes imboldenn imboldenned. >> reporter: reagan administration took a similar tact after the bombing of a disco in 1986, two of the deb dd were servicemen. >> today we have done what we have to do. if necessary, we shall do it again. >> reporter: 2 years later a libyan agent bombed pan am fl

chief intelligence correspondent catherine herridge has more now from washington. hi, catherine. have we reach ad tipping. >> reporter: patti ann, according to aclu at least 20 pieces of legislation are being considered to modify the nsa program adding the white house continues to disappoint its base on the issue. >> i think the white house has lost credibility and i think the government generally has been operating with a deficit of trust in the area of surveillance for the past few years. they have been saying one thing publicly to congress and to the courts and turns out that quite another thing has been taking place behind closed doors. >> reporter: in the end the aclu alleges that the nsa plays word games under the set of rules known as the united states intelligence directive 18, collecting data only applies when the data is analyzed and not stored. this seems to be the definition that the nation's intelligence chief james clapper and nsa director keith alexander relied upon when they denied publicly the nsa is collecting data on american citizens. nsa says thousanding of v

chief intelligence correspondent catherine herridge is i have for us in washington. catherine, what is the reaction from the nsa? >> reporter: heather, the nsa is pushing back against "the wall street journal" story this morning though officials do not point to a specific claim other than saying the figure of 75% is overly broad. in a statement to fox news a nsa spokesperson says quote, nsa signals intelligence mission is centered on defeating foreign adversaries who are aiming to harm the country. we defend against threats and working to protect privacy rights of u.s. persons. it is not either/or. it is both. the use of the devices that allow the agency to pull data in real time as it passes through web networks. the in. sa's definition of collection relies on an intelligence directive which defines collection as analyzing retrieving information, not actually storing it, heather. heather: catherine, where does it leave the administration? >> reporter: in his most recent comments on the ns aft controversy president obama said more americans learn about the nsa program

catherine herridge is live in washington. the catherine, what new info came out about the program? >> reporter: thanks, arthel. according to the new nsa documents leaked to the german publication the national security agency not only infiltrated but cracked the code of u.n. internal videoconferencing network in 2012 leading to a significant up jump in the nsa intelligence reporting from 12 to 450 reports during a three-week time period. according to the documents nsa found that chinese infiltrated the u.n. video network, the bugging of the u.n. and european union revealed in earlier documents is at the very least a violation of current agreements between the united states and its partners. during his recent comments on the nsa controversy president obama insisting the agency has a singular focus. >> i don't have an interest in the people of the nsa don't have an interest, in doing anything other than making sure that where we can prevent a terrorist attack, where we can get information, ahead of time. >> reporter: this morning the nsa fox's request for comment to the state departme

first, chief intelligence correspondent catherine herridge with some history. good evening. >> two years ago, national security court known as fisa court determined nsa collection violated statutes and constitutional protections. in a half dozen documents declassified by the intelligence community today, judge john bates wrote for the first time the government has now advised the court that the volume and nature of the information it has been collecting is fundamentally different from what the court had been led to believe. it was technical, involved the collection of bundled communications under section 702, which focuses on foreign e-mail. as one example, a bundled communication can be as simple as opening your personal e-mail account. the screen shows multiple messages. if one of those messages was from a target the nsa was tracking, all your messages would be captured because the nsa didn't have the technical ability to separate the suspect e-mails from e-mails belonging to u.s. citizens. after notifying congress, senior intelligence officials say the nsa t

chief intelligence correspondent be catherine herridge live from washington. are we learning about this month's threat, catherine? >> reporter: well, jon, the threat earlier this month is described to fox news as specific and credible and the most serious threat since 2006 with the fbi director saying the danger has not passed. >> we are closely monitoring the situation. i would say that it may well have been postponed, but we're monitoring it to make certain that we don't miss anything. well, it's hard to say, but i think one of the contributing factors, i believe, is the fact that we ramped up and that precautions were taken and that the opportunity they thought they may have had at that juncture was no longer there. >> reporter: as for a reported conference call among al-qaeda leaders, you see zawahiri on the left and the leader of al-qaeda in yemen on the right that led to the shuttering of nearly two dozen embassy overseas, director mueller confirming the terrorist leaders are in contact with one another, describing it as a dialogue. >> i would say we are

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in washington, catherine herridge, fox news. >> shannon: a california city is pushing a controversialimed at helping homeowners upside down mortgages. illegal, unconstitutional and punish responsible. wildfire continues to burn its way into yosemite national park. dominic di-natale is there with an update. dominic. >> shannon, this is proving to be one of the most historic wildfires in california history. getting so big now it's threatening power and water supplies of the city of san francisco. all of that right after the break. that's why hp built a new kind of server. one that's 80% smaller. uses 89% less energy. and costs 77% less. it's called hp moonshot. and it's giving the internet the room it needs to grow. this&is gonna be big. hp moonshot. it's time to build a better enterprise. together. first wait till summer. then get the cars ready. now add the dodge part. ♪ the dodge summer clearance event. right now get 0% financing for to 72 months and no payments for 90 days on all dodge vehicles. we're new to town.ells. welcome to monroe. so you can move more effortlessly... we want

first, chief intelligence correspondent catherine herridge with some history.evening. >> two years ago, national security court known as fisa court determined nsa collection violated statutes and constitutional protections. in a half dozen documents declassified by the intelligence community today, judge john bates wrote for the first time the government has now advised the court that the volume and nature of the information it has been collecting is fundamentally different from what the court had been led to believe. it was technical, involved the collection of bundled communications under section 702, which focuses on foreign e-mail. as one example, a bundled communication can be as simple as opening your personal e-mail account. the screen shows multiple messages. if one of those messages was from a target the nsa was tracking, all your messages would be captured because the nsa didn't have the technical ability to separate the suspect e-mails from e-mails belonging to u.s. citizens. after notifying congress, senior intelligence officials say the nsa tried t

catherine herridge, what are we hearing on this matter from the white house if anything? >> while the white house denied any involvement in the detention of the partner, the obama administration knew about the controversial move in advance. >> there was a heads-up provided by the british government. so this is something that we had an indication was likely to occur, but it's not something we requested. and it's something that was done specifically by the british law enforcement officials. >> both the white house and state department were push today to explain whether they would get access to the compute ore storage devices, and they offered no information. the white house and state department declined to condemn the incident. >> i don't have anything more for you than i just conveyed. >> the statue miranda was held are in at the airport is used very seldomly, and is typically only used for people who are transiting through the uk and most are only held, collaring to the aclu, for an hour or less and he was held nine hours. >> there are efforts here at home to block that.

chief intelligence correspondent catherine herridge has that story tonight. >> reporter: the guardian's editor says british authorities demanded edward snowden's material provided to them or destroyed, but the paper facing legal action if it didn't comply. hard files were destroyed under supervision, but other copies exist. >> they threatened us with strength, go to get all this material back and stop us writing about it. that's not something that would be possible in the united states. >> reporter: the new nsa controversy plays out as president obama's traditional supporters on the left are openly criticizing his administration. >> i think the white house lost credibility. >> reporter: aclu alleges they play word games, citing a document known as the intelligence directive. collecting data does not mean storing data in the traditional sense but rather retrieving and analyzing it. >> it has a bizarre definition to allow the nsa to obscure what's going on, even though they're saying all the right words publicly. >> reporter: this seems to be the definition the intelligence chief relied o

chief intelligence correspondent be catherine herridge joins us now with more.t did we learn about this? >> guest: well, good morning. the fbi director confirmed that this threat that closed down the embassies earlier this month was specific and credible, and he told us that the threat has not passed. >> we are closely monitoring the situation. i would say that it may well have been postponed, but we're monitoring it to make certain that we don't miss anything. well, it's hard to say, but i think one of the contributing factors, i believe, is the fact that we ramped up and that precautions were taken and be that the opportunity they thought they may have had at that juncture was no longer there. >> reporter: as for a reported conference call among al-qaeda leaders, you see the leader of al-qaeda in pakistan zawahiri on the left and the leader of al-qaeda in yemen on the right that led to the shuttering of nearly two dozen embassies. director mueller describing it as a dialogue adding: it did not seem to reach the level of coordination. but this mere connectivity

catherine herridge, thank you so much. >> reporter: you're welcome.ine being a man or woman sitting there with him during his presentation hearing all of that, you heard on video some nervous laughter. understandably so. bill: i think one of the big points that needed to be made, he made these comments in washington, was later moved to texas, sent to be deployed to afghanistan. they knew he had e-mail contact with anwar al-awlaki, so the military, the army knew about him for a very long time but did not take action, and now you're hearing it. heather: yeah. bill: and we were aware of these reports several years ago. heather: right. but to see it on this video, very different thing. colonel ralph peters laid it out clearly. bill: we're going to move to the obama administration reacting to comparisons between what's going on in syria and the leadup to the iraq war a decade ago and how is the white house handing that situation now? oh, the irony. chris wallace. heather: and obamacare is coming under fire once again. why some are calling the president's s

catherine herridge with the news live from d.c. now. g about this? >> well, thank you, jon, according to the new nsa documents the national security agency not only infiltrated but cracked the code of the u.n. internal video conferencing network leading to it a significant jump in the nsa's intelligence reporting on the u.n. body. today a u.n. spokesman saying the reported bugging violates international agreements. >> the viability of diplomatic missions including the united nations and other international missions whose functions are protected by the relevant international conventions like the vienna convention has been well established international law. >> der spiegel also reporting that the nsa surveillance of 80 embassies and consulates is part of a special program known as a special collection service, jon. >> jon: so what are we hearing from the administration? >> well, given the sensitive nature of the allegations, the state department spokeswoman read from her notes providing a scriptive response. >> we said this repeatedly that

catherine herridge brings us up to date. >> reporter: while the white house denied any roll in the 9 hour detention of the journalist partner, david mir and a, the obama administration knew about the controversial move in advance. >> there was a heads up provided by the british government, so again, this is something that we had an indication was likely to occur, but it is not something that we requested. >> reporter: miranda arrived in brazil after being held sunday in london under a terrorism statute that allowed british authorities to confiscate his computers and storage devices. both the white house and state department declined to publicly condemn the incident. >> the united states support his detention? >> i don't have anything more than i just conveyed. >> reporter: greenwald who first published the documents in britain guardian newspaper promised more secrets will be revealed as a result of the incident, which he described as a failed attempt to intimidate him. he said, quote, if anything, it will have the opposite effect, to embolden us even further. with james inhofe, ranki

catherine herridge is live in our d.c. newsroom to pick up the story from there. catherine?ep, the guardian senator says british authorities wanted the nsa documents handed over or destroyed with the paper facing legal action if it didn't cooperate. hard drives were then destroyed under the supervision of british authorities with this photo posted on the newspaper's web site but other copies exist. they threatened us with restraint they were going to get all this material back and stop us from writing about it. >> journalist dave glen wald partner on the left is considering legal action after he was detained for nine hours. computer devices confiscated the british government is standing by its action. >> the police were acting as they do the law there to protect us from anything that will increase the danger of terrorism. >> as to whether it could condone the destruction of thumb drives or computers. the white house spokesman telling fox it's hard to imagine a situation where that action would be appropriate, shep. >> shepard: catherine, the man behind the biggest leak of cl

let's talk to fox news chief intelligence correspondent catherine herridge live in washington. e, really this is a bipartisan issue. there is across the board opposition to these programs right? >> reporter: that's right, martha. what is striking about the latest revelations both democrats and republicans believe. [sa has not followed the rules laid down by congress. a long time republican critic of government surveillance programs says mr. obama bears some of the blame. >> i think the president fundamentally misunderstand the constitutional separation of powers because the checks and balances are supposed to come from independent branches of government. so he thinks that if he gets some lawyers together from the nsa, and they do a power point presentation and tell him everything's okay, that the nsa can police themselves. >> reporter: well the nsa says thousand us of violations were unintentional and steps are taken to limit or mitigate the damage to american civil liberties. even democrats who are skeptical of the snowden leaks are not satisfied the broad collection of data un

chief intelligence correspondent catherine herridge is live on this story for us in washington. t her tenure there this morning, catherine? >> reporter: thank you, martha. good morning. the homeland security secretary began speaking at the national press club here in washington billed as a farewell speech before she begins her new position heading up the university of california system. nalitano citing how the response to the boston marathon bombing earlier this year saved lives. >> we have improved the ability of local communities to respond to critical incidents including in the city of boston and the commonwealth of massachusetts. for example, we provide homeland security grants to equip and train special response teams in improvised explosive device detection, prevention, response and recovery. >> reporter: supporters also cite the fact that napolitano is the longest serving homeland security secretary, the first woman to hold that position and a secretary whose immediate response to hurricane secretary, on the ground within hours won high praise even from her critics. those

decision was backed up by an appearance not with chris wallace, not with bill hemmer, not with catherine herridge but with jay leno. speaks volumes as to seriousness this president takes. >> what would be really serious, if you focused on real issues you have a disagreement with the president rather than what show he goes on and trying to conflate a terror alert with the fact that he happened to, scheduled." >> there is nothing funny about terrorism. >> he wasn't there scheduled necessarily to talk about terror alert. who is saying there is anything funny about terrorism. historically on shows like "the tonight show," back when jack poor would host, had people like bobby kennedy -- paar. this has been a venue for people in the culture of united states. there is nothing wrong with this you have got more problems in the republican party than what show the president goes on. bill: you know, i think the big point, you have to sit down with a journalist and explain it, brad. i mean, you you're the commander-in-chief. you can come to the briefing room. you can go to the rose garden the you can go to th

reporter: exclusive information thanks to my intrepid colleagues, my producer and my correspondent catherine herridgem deese, basically hasan himself has been requesting through a different lawyer, one that is sort of handling sort of the civil stuff, civil matters for him, he's requested that that lawyer e-mail fox news channel exclusively some documents. these are documents from a 49-page report that was done back in december of 2010 by a three-person panel to basically decide whether or not he was even competent or not to stand trial. and the latest page of that document that has been vetted again by fox news channel and my colleagues is that apparently he initially considered driving to the deployment center at fort benning which is in georgia and carrying out a shooting there. prior to his deployment leave to virginia and shooting soldiers, he decided against that idea because apparently he did not want to get caught in unknown territory with weapons and ammunition in his car. the report goes on to say that he ultimately settled on the facility here at fort hood because he was familiar with it.