molly henneberg is live in philadelphia with the latest on the jury deliberations. report once again disturbing language. good evening. >> reporter: source tells fox that the jury told the judge today they are drained after nine days of deliberations. they went home early this afternoon and be back at it on monday. they have heard grisly testimony over the last seven weeks after prosecutors says what happened in the abortion clinic. some legal analysts the jurors may be struggling over the crux of the first-degree murder of this case. whether or not four babies survived abortions and were alive as the prosecution says when dr. gosnell or an assistant cuss their spinal cords with scissors. >> my educated guess, there are a few jurors that have a reasonable doubt. >> reporter: gosnell's defense attorney did not call one witness during the trial. instead trying to make his case through cross-examination of the prosecution's witnesses, maintaining that any arm or leg movement or cries by the babies were not signs of life but post mortem spasms. what if they can't reach

molly henneberg live in washington. hi, molly. >> hi, jamie and kelly. the treasury inspector general may have known in june 2012, the deputy treasury secretary may have been informed then about the allegations as well. but treasury secretary jack lew, who took over as treasury earlier this year, said he learned most of the details about the targeting about a week ago. what's not clear is if anyone relayed that information in 2012 or 2013 about the tax agency baring down on conservative groups to the white house. and who decided to start that targeting in the first place. meanwhile, republicans also are raising questions about sarah hall ingram, a top irs official who was the head of the irs's tax exempt division while this targeting was going on. here you can see her bonuses and salaries during the time that conservative groups were feeling the heat from the tax agency. now ingram is in charge of the irs's office that will implement obamacare, monitoring everyone's health insurance and taxes and fines associated with the health care law. and that worrie

molly henneberg is in d.c. what do we know about those known or suspected terrorists, molly? >> talking about two of them, shep much the justice department says they are, quote: accounted for. they left the witness security program, quote: years ago and left the u.s. what we don't know is why they left or how long they were off the radar screen of the justice department. but, the fact that as of last july, the u.s. marshall service could not find them troubles some members of congress. >> it is very disturbing, very alarming that we would create a situation where we are giving terrorists a new identity and then not keeping track of them. >> but justice officials say it's a voluntary program and witnesses are free to leave it. shep? >> shepard: and our understanding molly is that some of those witnesses with terror links may have boarded commercial aircraft? >> it's possible. we don't know for sure. it's possible. because people who go into the witness security program are given new names and identities. but the justice department was not authorizing the new names to be put on

molly henneberg in d.c. now. molly?g about as clearly as can you in government parlance that china is purposely conducting these cyber attacks. the new report says, quote: in 2012, numerous computer systems around the world, including those owned by the u.s. government continued to be targeted for intrusions. some of which appear to be attributable directly to the chinese government and military. here's the reaction today on capitol hill. >> it's a threat. we have to deal with it we have to make sure we use our leverage as a super power. it's national security but it's also economic security. every time they steal information from a company, they are stealing jobs from the united states. >> but china says it too is a victim, not a perpetrator of cyber attacks. a chinese government spokesperson said today, quote: china has said many times it firmly opposes any form of hacking attack. china says it's impossible to determine where such cyber attacks originate. shep? >> shepard: molly henneberg live tonight. thanks. senator

>> molly henneberg in washington, thank you very much. for more exclusive details on these break developments, tune in to fox news sunday tomorrow when chris wallace sits down with the utah congressman, jason chaffetz, one of those questioning the whistle blowers. >>> new developments in the middle east. israel launching an air strike against syria. the target, a shipment of missiles believed to be bound for the lebanese militant group, hezbollah. a key ally of the assad regime. it is israel's second attack against syria this year. conner powell live from our jerusalem bureau with more. conner? >> arthel, in recent weeks and months, israel has beefed up its military presence along its syrian border and its intelligence gathering capabilities there in large part to keep an eye on transfers of weapons like this reported transfer this past week. according to israeli officials, the air strike took place late thursday night, early friday morning. israeli officials say their jets hit a shipment of long-range ground to ground missiles. that if h

our molly henneberg is live in washington with more details on this. molly?ie good afternoon. three men,

fox news's molly henneberg is in washington with the details. it is pretty cool, molly.this. >> hi, tracy. this study ranks the 50 states in economic outlook, meaning their potential to grow economically this year and in the future. it measures states on 15 variables. everything from tax rates to minimum wage laws to labor policy to get a predictor how these states may fare economically. organizers of the study done by alec, the conservative think tank point out the top 10 are almost all red states. top of the list? utah, in part because it has a quote, predictable tax climate. alec says these economic predictors, are not quote, rocket science. >> people vote with their feet. vote with their checkbook, very strongly to states like texas, florida, states that are welcoming to job creation capital, where they're fleeing big government high-taxed states like new york, california, illinois, maryland. and that trend consistent with our doing rich states poor states. >> the bottom 10 stttes in economic outlook william says tend to be blue states with higher taxes and more rest

molly henneberg has the latest. >> molly: these three men are going to tell their stories wednesday before a house committee and two of them have not been heard of publicly before now. there has been much back and forth between republicans and obama administration whether anyone has been prevented from talking to congress about benghazi. one of the men, eric nord strum was the top security officer in libya. he has spoken publicly when he told congress when he said they asked for more security at benghazi consulate and he says was turned down. he has more information he wants to tell congress. the other two men are describing themselves as whistleblowers is gregg hick are ri and another terrorism official. on what gregory hick maze say on wednesday based on his conversations with republican senator lindsay graham. >> you will surprised to hear what he says about interaction between him and washington. he is in up two guy. he was chris stevens deputy. he was on the phone with chris right before he died. he is going to give you a chilling story and how he felt when he heard susan rice write t

molly henneberg is live in washington with more. going over well among some republicans getting paid for doing nothing now? >> reporter: they don't think taxpayers should be paying for lois lerner's leave since she was the head of the irs commission that targeted groups for extra scrutiny. >> people don't get fired from jobs for doing wrong things. they have to go through a judicial process. in private sector, in when somebody does something wrong, give a severance to get her out of door, she ought to be out of door. >> molly: another issue is whether she should be called back to capitol hill to answer questions. after she pled the fifth, democrats say she has the constitutional right to do that. >> perhaps some of the information she has might have very well been helpful to us just learning all the facts. but again, in our country we have something called the constitutional. we have to own up to the constitution. >> molly: lerner says she hasn't broken any laws or irs rules. she said that before she pled the fifth and refused to an

molly henneberg is live in washington with the latest. >> molly: lois lerner has been work at the is for 27 years and she is not about to leave now. republican and democrat sources say the new acting commissioner asked lerner to resign and she said no. she is on administrative leave with pay. lerner who pled the fifth at congressional hearing was the head of the tax exempt division that was targeting groups for extra scrutiny. some republicans say she shut shoo shouldn't be getting her paycheck. >> she is is a career bureaucrat. they have great protection. we have to go in and protect the taxpayer. >> republicans say lawmakers should get a chance to question lerner since she made a statement before asserting her fifth amendment rights but democrats say it wouldn't do any good to call her back. >> i know that 99 chance she would. >> the american center for law and justice she allowed the targeting to continue longer than she has claimed publicly. they released a letter sent to a tea party client dated march 16th, 2012 with her signature on it. >> she said she found out about in june o

molly henneberg is live in washington with more. molly? >> or the growing outrage among conservative groups who had applied for 501 c 4 tax exempt status and were suggested to those -- subjected to those increased scrutiny by the irs because they had words like tea party and patriot in their names. here is how one tea party leader described it. >> they wanted every single facebook post and comment on our facebook page, every e-mail we sent and the names of any congressman or senator or staffers that are supporters from around the country talked to. it's a complete violation of our first amendment rights. >> now there are questions in washington about how long this has been going on. the associated press reports today that there will be information coming out next week from the treasury department's inspector general showing that some irs senior officials, including lois learner from whom you just heard, that she and others knew about this practice in june, 2011. learner's former boss at the irs said in march 2012, quote, there is absolutel

our molly henneberg is live in washington with more details on this. molly? >> kelly, jamie good afternoon. three men, three names that have been a closely guardedashw are public. eric nordstrom, gregory hicks and mark thompson. they all have information on the benghazi attacks that they want to tell congress. we heard from nordstrom previously back in october when he testified before the same house committee that will hear from the three men on wednesday. nordstrom was the top security officer in libya in the months leading up to the attacks and said previously that the state department refused his requests for more security. the two other men, gregory hicks, he was the second highest ranking u.s. diplomat in libya at the time of the attacks and mark thompson, a state department counter terrorism official. they describe themselves as benghazi whistle blowers. the committee says other witnesses may be added to that hearing. meanwhile, one washington attorney who says she represents benghazi whistleblower but won't say who splansz how she thinks wednesday's he

molly henneberg live outside the courthouse in philly. molly?ep, not to cut their cord, to cut their spinal cord, which is one of the more grisly details in this trial. one of the only indicators of what may be going on behind the scenes as the jury deliberates is each question that the jury poses to -- sends to the judge. prior to today, those questions seemed to indicate that the jury had been focused on the charges against gosnell's co-defendant. but today that changed. today the question seems to indicate that the jury of seven women and five men moved on to gosnell. they asked the judge today to help differentiate between babid of killing. for example, what movements did each baby make? what sounds did each baby make before, prosecutors say, gosnell or one of his assistants, would cut their spinal cord. this suggests jury may be dealing with the crux of this case. were those babies born dead or alive at gosnell's abortion clinic in west philadelphia? the prosecutors say yes, they were born alive. and they say gosnell committed first degree

>> molly henneberg live in washington. thanks. >> arthel: gregg, some alleged victims of irs targeting preparing to take their case to court. american center for law and justice executive director jordan sekulow is representing more than a dozen of these groups. >> they suffered damages. they lost membership and donations. they missed the election cycle. they missed key moments. they were not able to bring speakers in. so the irs, this is far from over. >> arthel: and coming up later in the hour, we're going to have a fair and balanced debate on the impact of this latest scandal and the broader political fallout for the obama administration. >> we are tracking new developments in yet another controversy. this one involves the white house as well. congress widening its investigation into the administration's response to the benghazi terrorist attacks that killed four americans. the chair of the oversight committee calling retired ambassador thomas pickering to submit to questioning in a closed door tape recorded interview.

molly henneberg tonight on what's being done about it. >> defense secretary chuck hagel said today thatother military leaders are, quote, disappointed, and embarrassed about the sex scandals dogging the military. he says anyone who was part of any sexual harassment prevention program in any military branch will be reviewed and retrained. >> we've in many ways failed. but we all have committed to turn this around and we're going to fix the problem. >> this follows the arrest wednesday of 42-year-old lieutenant colonel darren haas, now the former head of the sexual assault response team at fort campbell. he's charged with stalking his ex-wife and violating a protection order. earlier this week, at fort hood, authorities started investigating an army sergeant for sexual assault and potentially setting up a prostitution ring. he was supposed sexual harassment coordinator. and last week, another who led the air force's sexual assault presentation office was arrested and charged with groping a woman. today the chairman of the joint chiefs said military justice cannot turn a blind eye even aft

molly henneberg is in philadelphia tonight and a caution, some parts of her report are disturbing. od evening, molly. >> good evening. the jury, up seven women and five men, asked the judge to help them remember the differences between the four babies that doctor gosnell is accused of murdering. for example, what movement did each baby make after the abortion. before gosnell, or an assistant, according to the prosecution, cut their spinal cord with scissors. this may mean the jury is getting to the crux of the first-degree murder case, were they born dead or alive? and then this afternoon, the jury asked about some of the lesser charges relating to gosnell and his abortion clinic in west philadelphia. charges relating to conspiracy and running a corrupt organization. leading some court watchers to surmise jurors may be moving quickly through the hundreds of charges in this case. but today gosnell's defense attorney and the assistant district attorney played it safe. >> there is a lot of evidence and juries want to get it right. they want to make sure that they're deciding it on the

mo molly henneberg in washington. the news is so joyful. >> reporter: that's right. department officials say the two suspected terrorists are not fugitives. they are quote, accounted for. and that they left the u.s. and left the witness security or witness protection program quote years ago. that's what they're saying now. this is in response to the new report by the inspector general who said as of last july, the marshal service was unable to locate the two former witness security identified as known or suspected terrorists. the justice department said today this program is voluntary and witnesses can decide to leave it, but they didn't say why or when the two people left the program. also, another problem in the witness security program. they're given new names and identities, but the justice department was not authorizing the new names to be disclosed to the transportation security administration to be put on the no fly list. even if the people were suspected terrorists. the report says quote, therefore it was possible for known or suspected terrorists to fly in o

molly henneberg's live with more on this story. >> reporter: nearly 1500 boy scout delegates are expected be voting right now, this hour, on this resolution. we won't find out the results until later this afternoon. gay rights groups say it's a start, but doesn't go far enough, and conservative groups say the boy scouts are bending to political pressure instead of standing for what they've always believed. both sides have been actively lobbying delegates at the convention in texas. the resolution would change boy scout policy and allow openly-gay boys and young men to join the scouts, but it does not lift the ban on openly-gay adult leaders. opponents of the resolution say they don't want to exclude anyone, even boys struggling with their sexuality, but they also don't want the boy scouts to become a sexual ri-charged organization. >> our main message is keep sex and politics out of the boy scouts. currently, there are gays in scouting, that's the biggest misnomer. they just have to be appropriate, discreet, they can't act out in front of kids, they can't engage in gay activism. all these

molly henneberg is live at the pentagon with more on this. >> reporter: the civilian defense furloughsn progress but they could potentially effect up to 800,000 people. military officials say, though, that the way these furloughs will be implemented, that is still being refined. we do expect to get some of those details later today from defense secretary chuck hagel. he's likely to say that the civilian workers will be furloughed for 0111 days, that is key, 11 days for fewer before the end of the fiscal year on september 30th. while that is not welcome news for those workers who don't want to lose those days of pay the original man was for 22 days of furlough. and then it became 14 days, and now 11. after congress gave the pentagon more flexibility in finding ways to cut billions of dollars due to sequestration. already one republican member of congress, though, says it never should have come to this. ohio republican mike turner said in a statement, quote, today's announcement is exactly why i voted against see questions request tracing. it will severely impact hard-working civilian do