the government's case could be made public. >> director mueller and i spoke about this at some lengthere was not an ability for evidence to be presented yet that was cape to believe be presented in open court. >> clinton said the tunisians promised to keep tabs on him. >> we have been assured that he is under the monitoring of the court. i have no reason to believe he is not still in tunis but we are checking that all the time. >> when fox news asked for update given clinton's statement to congress, the state department deflected. >> the f.b.i. has the lead in the benghazi investigation. i don't have anything to share. it will send you to the f.b.i. >> no immediate response. no evident by the white house to reconcile the conflict between the testimony. >> bret: senator lindsey graham has been leading the effort to find out what happened september 11 in libya and joins us now on set. welcome. >> thank you. >> bret: there seems to be a lot of things you are still trying to find the answer to. the president today said in a google hangout that there are -- i'm not quoting here but he said

we just learned that president obama has spoken with fbi director mueller to congratulate him on how the operation ended, how things went down. as we wait for that news conference, we are joined now by marty savage, who is live in midland city. what's the latest on how the little boy is doing? we know he did go to the hospital. >> reporter: right, susan, yes, we've been getting some updates on how he is. he's been taken now to what's a special wing or area that's been set aside inside that hospital. where he is with his family, and at the same time, can be checked out by doctors and they can assess how he's doing both physically and mentally. there are said to be counselors who are available for the family members as well, and it is expected he will remain in the hospital at least overnight. and is he under very heavy security protection. that's what we know about his condition now. his uncle was also speaking at a candlelight vigil. they've had a number of these candlelight vigils since this ordeal began. it's the first time any family member has shown up. and the reason for that wa

she quotes extensively from the review board, remember the review board from pickering and admiral muellert there simply was not enough time for a military response. then she says this intensive response, which was directedly the president, included 13 meetings of interagency principles and deputies within a week of the attack. of course, this does not address their concerns about what was happening in the hours, the seven hours between the initial attack and when the second attack started and the three other americans were killed. this administration, she writes, has cooperated with the armed services committee, the congress to provide an extensive amount of information. senior administration officials have participated in 20 member and staff briefings, ten congressional hearings, six witness interviews and have responded to over 40 benghazi related enquiries from congress producing 10,000 pages of documents. we look forward to continuing our cooperation with the committee moving forward. we continue to urge the full senate to act swiftly and confirm former senator hagel as the next secre

speech president obama touted his new cyber security executive order and last year fbi director robert muellerumber one priority. down the road, the cyber threat which cuts across all programs will be the number one threat to the country. in the same way we address terrorism, we have to change to address cyber crime. >> secretary of defense leon panetta warned of the threat last october. >> i want to urge each of you to add your voice to those who support stronger cyber defenses for our country. in closing, let me say something that i know the people of new york along with all americans will appreciate. before september 11th, 2001, the warning signs were there. we weren't organized, we weren't ready and we suffered terribly for that lack of attention. we cannot let that happen again. this is pre9/11 moment. >> the rhetoric has been matched by a reorientation of the national security state both public and private over cyber security over the last three to five years. the pentagon is dramatically expanding its cyber command and the fbi, dhs and dod have all increased their cyber security staff a

back, and now with secretary napolitano and deputy secretary jane lute at dhs, and with director bob mueller at fbi, we have brought together the key parts of the government team to look at our roles and responsibility on and have made tremendous progress. and i think you can see the government team has got those roles and responsibilities right. but we need industry to be part of that team. assistance and assets that our nation depends on for our economy, for our government, even for our national defense are overwhelmingly owned and operated by industry. we have pushed hard for information sharing. we need to ensure our private sector companies have the information they need to defend their own networks, and to do so in a timely manner. however, information sharing alone will not solve this problem. .. let me close by echoing what we have already heard from secretary blank. this executive order is only a down payment on what we need to address the the threat. this executive order can only move us so far and is not a substitute for legislation. we need legislation and we need it quickly to d