congressman louie gohmert who became friends with ubben says he still needs time to heal. >> he wants he's just a patriot. he will do whatever his country charges him to do, but america needs answers. >> fox news learned that ubben helped recover the body of shawn smith going back into the smoke and flames in the consulate multiple times. >> he brought my son out. he went in there when the place was burning. he was a hero. he is a hero. >> confidential sources tell fox during the second wave of the attack, ubben was gravely injured, nearly losing his leg after mortars rain down on the cia annex. he was defending the compound along with former navy seals ben dougherty and tyrone woods who were killed. congressman chaffetz whose committee is investigating, they've frustrated his efforts to meet with ubben. >> initially, they said they would be helpful. i had a meeting scheduled to visit this young man. then i was denied. >> boy, thank you for that report. a state department spokesperson says they have not prevented anyone from telling their story. lawmakers hope that ubben will be well

mike, i assume, did you know about this guy, ubben?talk in the community who was in the team out there. again this information, you have to be careful to some degree some of these people are operating undercover. there are systems in place to get their testimony. we're acting if this is the first time somebody undercover needed to be talked to by members of congress. it's insane. my other point, going to your opening about the phony scandals. if the president didn't intend to put the benghazi story into that pile of his so-called phony scandals, he should say so. otherwise, hard pressed to think of something so incredibly insensitive to call benghazi phony and hurt that it causes families. >> benghazi is still a complete mess today. today we had a jail-break in benghazi, thousand prisoners were released. obama administration wants this to go away. >> judge jeanine: it's almost a year and don't know what happened. mike and eric, thanks so much for being with coming up the mother of a border agent killed in fast and furious. does she thi

four state department employees including ubben were treated at benghazi.matic security agents say the response on the night was inadequate on many levels. >> that's a good question. now, it wasn't a medical plane. >> is that what he told you? >> i'm just saying, it wasn't a medical plane. that medical plane has a door big enough to get somebody on a gurney through it without turning them sideways. we, we owed our people better than they got. >> reporter: there's actually no reference to a medical plane as being part of the evacuation in the state department's independent review of the attack and there is no specific reference in the testimony of then secretary of state clinton nor former defense secretary lee on panetta. we asked the state department said whether one was sent. it was already thoroughly investigated and they had nothing to add, kelly. kelly: catherine herridge thank you for that report. martha: boy, what happened, david ubben, waited for 20 hours after he was hit on that rooftop with tyrone woods and glen doherty. his leg was shredded. we k

both woods and dougherty were killed with ubben nearly missing his right leg. ten months later he's still being treated at walter reed medical center in suburban washington alongside america's war-wounded warriors from iraq and afghanistan. fox news is obscuring the photo to respect his request for privacy as he remains focused on his family and recovery. smith's mother tells fox she hopes to meet with ubben to express her gratitude. >> thank you very much for what you've done and why couldn't the government have done the same thing? i think he's a hero. he absolutely is a hero, along with the two s.e.a.l.s. there was no reason for all these people to die. >> he was also desperate that night to find the ambassador and went back into the building several times but could not find chris stevens. lawmakers want to learn more about what happened that night during congressional hearings. >> i think if we heard the survivors, including david ubben, as they walked into that room, there wouldn't be a dry eye in the place, because this is what america is all about, these

diplomatic security agent david ubben risked his life to run into the burning compound to try to help colleagues. he spent hours fighting alongside former navy seals tyrone woods and glen doherty who died as they tried to fend off the attack. we're piecing more of this story together. chief intelligence correspondent catherine herridge has more from washington. catherine? >> reporter: thank you, jenna. confidential sources tell fox news during the second wave of the attack diplomatic security agent david ubben was on the roof of the cia annex along with former navy seals tyrone woods and glen doherty. in another sign the attacks were premeditated three mortar round rained down on cia compound. first one fell short of annex 50-yards away but subsequent mortar rounds were direct hits with the mortar sledding ubben's right leg. making contact with you ubben fox news is respecting his privacy and remains focused on his recovery and along with america's war wounded from af iraq. he was so severely wounded 10 months later is being treated at walter reed medical center in suburban washington

ubben was stuck on a roof for 20 hours before they arrived. when a chopper did it was not a medical aircraft. some lawmakers are asking for a special investigative committee. to find out what went terribly wrong here. louie gohmert, from texas from his home district. you've taken up the cause in a significant way. you had a lot of contact with him. what are you learning? >> well, i've been talking to david for a number of months. just hadn't gone public with it at his request but he is a hero. so were tyrone and glen doherty and tyrone woods on tom of the roof. they were fighting to give cover and did so very heroic. there were other state department employees that helped get him, get his leg tended to. david thought he was going to lose his leg because of the damage done with the mortar round that killed ty and glen but, what really, it gets back to why there was such lax security. why we were unable to get people to them more quickly. why people in washington went to bed knowing they were in harm's way without getting them help they needed.

our next guest is one of the only people to have spoken with david ubben since the attack.-- louis gohmert is with us. >> we've communicated a number of months. i respect his wishes to remain private. i encouraged him to come forward. he's got his own difficult time just rehabilitating and going through therapy. he's got a beautiful family, a former army ranger. obviously when catherine found out from other sources about david and asked if i would comment, i e-mail eed david ande said use my own judgment. now, the state -- it is important to distinguish the state department employees that were there at the consulate. those that david and ty and glen protected with their gunfire from the top of the roof, where they took the fatal mortal rounds. the state department employees that were there were tremendously helpful to david, and he made it very clear they were quite good, and it's because of them he didn't completely lose his leg. but for the state department itself saying that they did everything they could, how many people went to sleep that night while those people were

jeff ubben runs that fund, made a presentation about enterprise and the plumbing.prise is a big part of the story. i think this is steve ballmer's big moment sense he took over ten years ago. because he finally has all the pieces in place strategically to begin a significant transformation of microsoft from a pc-serve licensing business to what he describes as device is and enterprise service, which means enterprise services are about the cloud. microsoft has a zipthive strategy with that. if you look at their performance recently in the last 12 months, while the pc industry has been pretty much cratering in terms of sales, steve ballmer has been able increase microsoft by $55 billion. so there is a lot of anticipation big things are about to happen at microsoft. >> a lot has happened to be fair in the last few months. meanwhile, you mentioned pcs. we have never seen anything quite like this, have we, john? >> i haven't seen it in the 30 years i have been in the high-tech industry. what is happening is we believe tablets are making a major enroad into the pc market