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tv   Special Report With Bret Baier  FOX News  May 15, 2013 3:00pm-4:01pm PDT

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i just found out i'm going to be on shepard smith's show at 7:15. >> all right. we are going live to the white house. brebret baier and "special repo" are up next. >> good evening. i'm bret baier. we're moments away from a statement from president obama. he will address the irs under bipartisan siege. also late this afternoon, a benghazi downtown dump within the last hour. if that wasn't enough, the attorney general spent much of the afternoon being grilled under oath over wiretaps. three scandals with one president under fire for all of it. we have fox team coverage tonight. james rosen with the breaking details on the benghazi document dump. we're going through it all. katherine harridge with eric tolder over first amendment abuses. and mike emanuel on the call for
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heads to roll at the irs. let's begin there as we await the president's remarks. >> on performance-enhancing the inspector general's report on activities at the irs, house speaker john boehner is convinced this is criminal. >> the irs has admitted to targeting conservatives, even if the white house continues to be stuck on the word "if." now, my question isn't about who's going to resign. my question is, who's going to jail over this scandal? >> the inspector general blasted the irs for ineffective management, delaying the status of conservative groups seeking tax exempt status, and asking unnecessary questions, including the names of donors. the top democrat on the house ways and means committee, which is investigating, says it's time for heads to roll. >> several should be relieved of their responsibilities. the acting commissioner and the person who has been heading up the exempt organization portion,
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i think there's a need for new leadership there. so i called for relieving them of their responsibilities. >> today all 45 republican senators signed this letter demanding the obama administration fully comply with congressional investigation requests. ahead of the president's meeting with treasury officials, his spokesman called the irs activity inappropriate. >> and he expects people to be held accountable if they engaged in inappropriate activity, inappropriate conduct. >> senate republican leader mitch mcconnell says the irs is just part of broader government intimidation. >> they've tried similar stunts at h.h.s., at the sec, the fcc, this is an administration that believes if you disagree with them they need to shuts you up. >> as fox has reported since monday, it wasn't just tea party groups. last night franklin graham sent a letter on behalf of his father, the reverend billy graham, saying after their christian organizations ran ads in favor of traditional marriage, last october the irs
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audited bot both of them while dozens of liberal groups were approved while conservative groups waited. one example, one receiving tax exempt status about a questionable charity set up by the president's half-brother, with some asking for a counsel to investigate, they're gathering their own facts. >> nothing the administration does is going to derail a thoroughly detailed investigation by the congress of the united states. >> fox news has learned the acting irs commissioner steven miller will not plead the fifth in upcoming congressional hearings. meanwhile nevada republican senator dean heller has proposed a bill that would prohibit any funding for obamacare going to the irs. the president's budget requests $440 million for the irs to enforce the healthcare law.
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bret? >> mike, is there any sense that the president, in just a matter of moments a as we look live at the east room in the white house, will be announcing that someone's leaving the irs? is there any sense that's already been determined? >> there has been bipartisan calls on capitol hill for heads to roll. we heard sandra levin in the piece there, the top democrat on the ways and means committee, a serious guy, essentially saying it's gross mismanagement, it's time for changes. we've talked to people up here. they expect that the president may be announcing changes, but nobody wanted to step out in front of the president to say definitely that would be changes coming to the irs. bret? >> bret: again, the calls on both sides of the aisle, important to point that out. >> absolutely. >> bret: okay. thank you, mike. as again we wait for the president and his remarks at the white house we, bring in our panel tonight, or at least part of it. judge andrew napolitano, fox news senior judicial analyst and syndicated columnist charles krauthammer. we were told the statement would be at the top of the 6:00 hour as we wait for the president,
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your thoughts as we get ready to hear this, charles, the president talking about the irs. we heard what he said with the british prime minister the other day, then a statement in paper form last night. >> look, i think this is a point where the president cannot just speak. i think he has to do something. this really -- the irs scandal is the one that people feel most acutely. it's a powerful agency that can destroy people. the whole notion that a bunch of bureaucrats in cincinnati, some left wing guys got together and did all this is so absurd, the fact that it's so widespread, that we're hearing from so many parts of the country, there was so much intervention against so many conservatives implies there was something happening here at higher levels. i think obama at least has to begin to deflect the heat by letting people go. there's got to be that in this announcement. it's not going do be enough, but
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if it's nothing except words people will be extremely angry. >> bret: judge? >> charles is on the mark. the white house is bleeding credibility as we speak. the irs touches everybody, some more deeplin others. there's simply no justification what, there's no defense that's conceivable that he could make to the federal government tax collectors making decisions for the exercise of their official powers based on the political speech of those who file documents with them. the american public will never accept that on either side of the aisle. >> bret: the ig's report says this does not go outside the irs. the ig's report says this was not politically motivated. that's what carney was asked about today. >> that's a stretch that it was not politically motivated. look, if they're going to show that media matters was treated the same way tea party patriots has been, they have an argument to be made, but the admissions by the irs alone, bret, without
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any investigation, just what they admitted to, shows they made decisions based upon the political expression of the people who filed documents with them, and they cannot do that under the constitution or federal law. >> bret: charles, it was interesting to hear the president on monday, with the british prime minister, say if these allegations are true, if this happened. by that point, the report is finished. some reporters had already had parts of this leaked to them. one would think that the president's own people had a heads-up at that point. >> i think that is sort of part of the reason why he's coming out tonight. that was absurd. not only had the irs admitted it, it had already apologized, and the president is speaking of it in the conditional after the irs had issued an apology. then carney was out there yesterday, in the afternoon, in his briefing, saying if this happened, the president would be outraged. i think it's the first example in american history on the
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subjunktive outrage on the part of an american president. obama tries to pretend he's outside of all of this, he's a spectator, an observer, except of course the killing of bin laden in which he announces it with about 18 references to himself. anything else, he's not even here. he gets it on the news apparently. that's what he has to dispel tonight. >> bret: meanwhile, judge, we have other scandals. we call them scandals. they're getting a lot of attention as such. the benghazi attack from september 11th and all the attention now that is being paid to it. now we have a document dump that we have managed to go through a number of these emails, and some astonishing emails that we found in the 100 pages that have come out about the talking points, the formulation of them. james rosen has specifics in just a moment as we wait for the president. >> right. >> bret: but also the ap, the
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wiretaps of the associated press, all of this coming together at once. >> he's are profoundly troubling to the american people. the tyrant is around the corner. not my phrase. the president's phrase from the speech at ohio state where he said don't listen to people who tell you the tyrant is around the corner. let me tell you, the irs is not a tyrant, but the irs that makes decisions based on politics is. the justice department disregarding the first amendment, federal rules of criminal procedure is a tyrant. the cia, state department, the white house, when they lie about what happened, when they cover up the deaths of four american innocents, not for national security reasons, but to help the president's re-election campaign, that is tyrannical, the tyrant about which he has warned us is around the corner. >> bret: here's what the administration, people who support the administration, say about the ap case in particular. they say thinks a matter of
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national security. the attorney general said a very dire situation that people would have died. he recused himself. he couldn't get into specifics. there are others who have said that this was a threat to national security. the extent at which this investigation happened is really where a lot of the critics have pounced. >> look, the fact that it was a dire issue, the fact that holder said it was one of the worst security leaks ever, even if we accept that, that doesn't in any way mean that anything goes. we are a country of laws. we are a country where you don't go for a fishing expedition, where you're looking at 20 lines that ap editors and writers are using, hold them open for two months, and take all the information. that's a fishing expedition. so this is so unprecedented. there's nobody that can remember anything quite of that scope. it means that they are able to gather information, not just on
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this scandal orange, on this let on everything else, on the contacts, all the other things that are happening between a journalist and a source. i think that's united the press, left and right. finally the supine, on seek questionous mainstream media has risen. at least they've risen. >> bret: it wasn't wiretaps specifically, it was phone logs, specific numbers to and from, who they were talking to, numbers, phone numbers, and they didn't actually have transcripts, and listened to those calls, as far as we know, from the justice department. >> right. here's why this was not a matter of national security, not an emergency, because these records were not in the possession of the people whose calls they were looking for. they were in the possession of a third-party entity, the telephone company. so there was no threat that the records were going to be
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destroyed. of course if you need the records of somebody's phone calls you're not going to tell that person, but you do tell the phone company, we're coming with a subpoena, with a search warrant, with a national security letter, and you give them the opportunity to challenge it. you don't just show up on the pretext that it's an emergency when it's not. >> bret: okay. it is now 12 minutes after the hour. again, the white house was saying that the president was coming up at 6:00. we don't have a two-minute warning yet. we want to get to the benghazi news. again, the document dump happened just before this show. 100 pages of emails dealing with the talking points that have been the focus of a lot of discussion in washington. there's a lot more to the benghazi story obviously. the public and media pressure over benghazi is really beginning to expose some cracks in the administration's bunker mentality resolve, according to critics. chief washington correspondent james rosen has the breaking news part of this story tonight. good evening, james, as we wait for the president. >> that's right, bret. we'll throw back to him, of course, when he comes out into the east room.
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now, the white house succumbing to demands from gop lawmakers in congress for the release of these 94 mostly repetitive pages of white house cia and state department emails and talking points. they give us our fullest picture to date of the internal deliberations that produced the famously false benghazi talking points, ultimately delivered by u.n. ambassador susan rice on the sunday shows of september 16th. these documents also raise new questions that judging from the redacted portions of the papers released today, the obama administration will be reluctant to answer directly. in emails sent at 7:16 p.m., then again at 7 of the 39 p.m. eastern time on friday, september 14th, then state department spokesperson victoria nuland urged to soften the talking point discussion, stating that the u.s. government does know that extremists were among the attackers. nuland warned that quote will come back to us at podium. how do we know? who they were, etc.?
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23 minutes later, without a response, she emailed again before anyone had even replied to her first expression of alarm to say, quote, i just had a convo with redacted name, and added on that basis i have serious concerns about all the parts highlighted below, and that's when they commenced the argument we've already reported on about whether language about prior security warnings from cia could also be stricken. also deputy national security advisor ben rhodes was alerted that the intelligence communitying was drafting a set of benghazi talking points as 11 right as 11:17 that morning, as was national security counsel spokesman. as late as 3:04 p.m., the talking points still included references to the u.s. government knowing that islamic extremists with ties to al-qaeda had participated in the attack. al-qaeda and attack were gone by 4:42 p.m. that day, however. and by 5:10, tommy was thanking
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colleagues. by 6:48, he was alerting colleagues that the man who heads the cia, john brennan, at the time a white house official, will have edits. four minutes later he forwarded along the changes which included stripping a line about the perpetrates, namely that they hailed across many sectors of libyan society. that contradicts jay carney saying that it only one was tweaking one word. one last one to report, at 9:15 that night, a cia official told his colleagues at langley, here's where we stand as of this hour. everyone has submitted coordination comments. the state department had major reservations with much or most of the document we revised the document with their concerns in mind, unquote. that too would appear to contradict what jay carney has said about the documents, to the effect that this was really led by the cia, mostly the
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intelligence community making most of the changes. as i say, we have 94 repetitive pages of emails in our possession that we didn't just an hour or so ago, but there's a lot more questions, bret, and jay carney will face them in the briefing room, no doubt. >> bret: right. james, i mean, the important part here is that this directly contradicts what jay carney said numerous times from the podium about edits that were only made stylistically, he used the word "stylistically," and also what hillary clinton said about these talking points. you have her chief of staff interacting with tommy vitor at the national security council saying they will make the edits in the deputies meeting, edits about removing certain parts of these talking points as they've just, as you just laid out. >> that's right. vick territory ywe do have, as e
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papers released, an email sent to nuland -- we had only previously known that it was a national security staffer. we didn't even know which agency. we now know it was someone at the c.i.a. who shot back at nuland that the fbi had no major concerns with these talking points, and yet the changes sort of accelerated past that point. they didn't slow down, bret. >> bret: okay. james rosen will continue to go through the emails and talk about them with the panel in just a bit as we continue to wait for the president in the east room. again, 17 minutes after the hour, awaiting a statement from president obama on the irs, we're told. wendall goler is in the east room. wendall, still don't have a two-minute warning yet. is that right? >> no. we're once again late, bret. that's frankly no surprise. president has been meeting with
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treasury secretary jack lew and deputy director neal woolen for some time now, talking about the response at the scandal at the irs, and we understand actions will be taken, and that likely means that some people will lose their jobs. but the president, once again, late. we're now getting the two-minute warning. so finally the president will be out, presumably with lew and woolen at his side. >> bret: wendall, describe the tone, if you would, as we wait for the president. well, i mean, just the environment at the white house, what it's been like. >> the series of scandals, if you will, has totally overtaken the president's agenda. as an example, the congressional budget office announced today that this year's budget deficit
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will be $200 billion less than predicted in february, and half what it was the president's first year in office. that means he's effectively delivered on his promise to cut the deficit in half as a percentage of the economy, and yet no one is listening. you've got to believe the president's got to deal with this. so benghazi document dump today. action on the irs. we'll see what happens on the justice department subpoena of ap phone records. at this point the white house is defending that much more strongly it is the actions taken by the irs. bret? >> bret: okay. wendall, thank you. probably under a minute to the president, and likely treasury secretary jack lew. back with the panel, judge napolitano, we welcome a.b. studdard, associate editor of the hill, and charles krauthammer with us through the statement. quickly, a.b., before the
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president gets here, the siege mentality that may be overtaking, as wendall describes it, at white house. >> yeah. i think even the president's supporters were frustrated and concerned that there was really a lack of a response really materially no response to the collective damage that these three scandals were causing. too much passivity. sort of brushing off the benghazi thing. they were under pressure obviously from last night's release of an email to release the rest of them. and some action has to be taken at the irs. that's what we'll expect. >> bret: and here's president obama by himself in the east room. >> good afternoon, everybody. i just finished speaking with secretary lew and senior officials at the treasury department to discuss the investigation into irs personnel who improperly screened conservative groups applying for tax exempt status. i look forward to taking questions at tomorrow's press conference, but today i wanted to get out to all of you some information about what we're
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doing about this, where we go from here. i've reviewed the treasury department watchdog's report, and the misconduct that it covered is inexcusable. it's inexcusable, and americans are right to be angry about it, and i am angry about it. i will not tolerate this kind of behavior in any agency, but especially in the irs. given the power that it has and the reach that it has into all of our lives. and as i said earlier, it should not matter what political stripe you're from, the fact of the matter is is that the irs has to operate with absolute integrity. the government generally has to conduct itself in a way that is true to the public trust. that's especially true for the irs. so here's what we're going to do. first we're going to hold the responsible parties accountable. yesterday i directed secretary
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lew to follow up on the ig audit to see how this happened, who was responsible, and to make sure we understand all the facts. today secretary lew took the first step by requesting and accepting the resignation of the acting commissioner of the irs, because given the controversy surrounding this audit it's more to institute new leadership that can help restore confidence going forward. second, we're going to put in place new safeguards to make sure this kind of behavior cannot happen again. i've directed secretary lew to ensure the irs begins implementing the ig's recommendations right away. third, we will work with congress as it performs its oversight role. and our administration has to make sure that we are working hand in hand with congress to get this thing fixed. congress, democrats and republicans, owe it to the american people to treat that authority with the responsibility it deserves, and
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nay way that doesn't smack of politics or partisan agendas, because i think one thing you've seen is across-the-board everybody believes what happened as reported in the ig's report is an outrage. the good news is it's fixable, and it's in everyone's best interest to work together to fix it. i'll do everything in my power to make sure nothing like this happens again. we'll hold the parties responsible, putting in new safeguards, and making surety law is applied in a fair and impartial way. they have to make sure that the laws are clear so that we can have confidence that they're enforced in a fair and impartial way, there's not too much ambiguity surrounding that he is laws. so that's what i expect, what the american people deserve. that's what we're going to do. thank you very much.
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>> bret: president obama in the east room of the white house, announcing that he's holding parties responsible for what happened at the irs after seeing the irs internal investigation, the inspector general's report. he has had secretary lew, the treasury secretary request and accept the resignation of the acting irs commissioner, steven miller. he also said he's going to work with congress to make sure that this does not happen again. a fairly sment. as we predicted, taking action tonight after a paper statement last night. with that, let's bring back our panel for some reaction. judge napolitano, a.b. studdard, and charles krauthammer. charles? >> that was a holding operation. that was the absolute minimum he could have done. he relieves one person. he obviously had to. he had to relieve at least one person. he chose, of course, the acting competition. i would have expected more.
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the other actions he announced are up to now meaningless. obama and this administration has said a hundred times they're going to hold x, y, z accountable for all kinds of behavior. in benghazi, regarding a lot of other scandals. he even speaks about syrian generals will be held accountable. it means nothing. then he says there will be an investigation from the treasury. well, that just means the left hand of the government investigating the right hand. he did say he'll cooperate with congress, but then he has the chutzpa to essentially warn republicans not to make this into a political event when what we're talking about is the irs applying political criteria inexcusably unconstitutionally, probablially, in deciding who it's going to investigate. so i found in the bare minimum. it will hold him for 12 hours, but no more. >> bret: a.b.? >> well, i think charles is
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right, that this is the minimum he had to do. steven miller was briefed on this in 2011, when he was commissioner, in may of 2012, then july of 2012, in system asked about it, just last summer, did not divulge any information about special increase, heightened scrutiny of conservative groups even when asked about the process, whether or not that was happening. he had to go. what i disagree with charles, whether or not this is the end. it's entirely possible that the cincinnati office, which served as a field office for the processing of tax exempt status applications, that people will be fired from there. there's also people in washington, whose hands are just as dirty, working in coordination with the cincinnati office, processing those claims, probably targeting people as well. i imagine they'll try to find out who in washington was complicit before they start letting people in ohio go. i would hold out hope there's more. if people need to lose their
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jobs. >> bret: yeah. we've already established, judge, through people on capitol hill, that this came to washington, it was outside cincinnati. steven miller became acting commissioner november 9th, 2012. this was, according to the ig's report, going back to 2010, is when this began. >> yes. >> bret: the previous commissioner testified on capitol hill that it wasn't happening in march of 2011. >> that's one of the reasons that charles is so correct, that this is just a band-aid, and will only last for 12 hours. the other reason is this, having the treasury department investigate the irs will not produce a serious result in large measure because the treasury department can't seek indictments, only an independent prosecutor, ununtainted by politics, not subject to the attorney general, not caring what the president thinks, with a bevy of fbi agents answering just to her or just to him, will get the truthful answer. how did this atmosphere commence in the internal revenue service
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in which the decisions were made by the papers filed by taxpayers based on politics? >> bret: to that point, charles, the speaker of the house today says now my question isn't about who is going resign, my question is who is going to jail over this scandal. >> that's why we have to hear a lot tomorrow. the only real news that the president made is he's having a news event tomorrow, going to answering questions. >> bret: he's hosting the turkish prime minister probably in tomorrow. >> one or two, in turkish, his answer will be in turkish. we'll prepare for his conference tomorrow. the first thing people will ask, why not independent counsel? if you did it over a mickey mouse, unimportant trivial, alleged leak over valerie plame, and you had millions of dollars, a year or two spent on that, surely the corruption of the
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irs -- and the question is, how does this happen? is cincinnati? is that a hotbed of left wing activity? obviously there's an atmosphere here, and somebody has to find it. has to have a subpoena. it cannot be the treasury department or anybody involved in this administration. it can't even be the doj. it's got to be from the outside. >> bret: we will try to get more information on how many questions he'll take with the turkish prime minister tomorrow. >> the over/under is two. >> bret: much more on the other side of the break. we'll go into the ap investigation. what's happening there, and what happened with the attorney general on the hill today. save on boat and motorcycle insurance too. other insurance companies are green with envy. oh, no, no, no...i'm sorry, but this is all wrong? i would never say that. writer: well what would you say? gecko: well i'd probably emphasize the savings. ya know...lose that green with envy bit. rubbish. it's just a reference about my complexion.
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i'm sure she is. [ ethereal music plays ] [ motorcycle revving ] getting you back on a brand-new bike. now, that's progressive. >> the premise of using the justice department to intimidate or muzzle journalists led to some very uncomfortable exchanges today involving the nation's top law enforcement official. chief intelligence correspondent katherine harridge shows us. >> on the seizure of associated press phone records, affecting 100 journalists, the questions were direct. >> why was such a broad scope approved? >> i am not familiar with the reasons why the -- why the subpoena was constructed. >> the ap was amenable to working with you on this matter. >> again, mr. chairman, i don't know what happened there. >> attorney general eric holder
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confirmed his deputy made the call on the ap subpoenas, prompting one republican to complain -- >> this committee has been frustrated for at least the last 2 1/2 years, if not the last 4 1/2 years, that there doesn't seem to be any acceptance of responsibility in the justice department. >> democrats also voiced their discomfort. >> it seems to me clear that the actions of the department have in fact impaired the first amendment. >> one democrat called out the republicans' leadership, claiming last year they supported investigations. >> now it's convenient to attack the attorney general for being too aggressive. >> after tuesday's rough news conferences, the white house called on senator chuck schumer to resurrecting press shield legislation, while other democrats urging their colleagues to senior. >> whether the espionage act has been used in looking at leakers, whether there's a need for a
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greater press shield, when i believe there is. >> the ap posted this statement to its website, highlighting a little known fact, that the ap worked with the administration, and held the story for a week until, quote, the government assured us that the national security concerns had passed. indeed the white house was about to post that the bomb plot had been foiled. the administration charges the ap's story blew the mole's cover, and effectively shut down critical indeedser access to al-qaeda in yemen. >> that disclosure resulted in the outing of an asset that shouldn't have been outed. >> absolutely not, senator. i do not agree with you whatsoever. >> one exchange seemed to sum up potent hostilities between republicans and the white house. >> mr. chairman --
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>> it's unacceptable, it's shameful. >> as for the decision to take him out of the investigation, much to the surprise of lawmakers, holder says there was no paper trail, nor was there a written record of the decision. tomorrow the fbi director is also on the hill. his investigators are working the ap leak case. bret? >> bret: katherine, thank you. for the second time this month, a military man assigned to help prevent sexual assaults has been accused of sexual misconduct. sources say an unidentified army sergeant at fort hood, texas, is under investigation for forcing a subordinate into prostitution and sexually assaulting two others. he was a coordinator of a sexual harassment and assault prevention program. last week we told you an air force officer with similar duties was charged with groping a woman in a northern virginia parking lot. egypt's state news agency says terrorist linked to al-qaeda were planning suicide attacks on the u.s. and french embassies. it's reported that egypt's
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foreign minister announced the capture of three egyptians with al-qaeda ties on saturday, reportedly in possession of 22 pounds of explosive materials. double trouble for u.s. relations with russia tonight. moscow now says it expelled a second american spy earlier this year. senior foreign affairs correspondent amy kellogg reports on what this means for cooperation going forward between old enemies that are not quite friends. >> the u.s. ambassador to russia was called into moscow's foreign ministry to receive a formal complaint. state tv reported another spy was booted out of the country in january. the u.s. gave no further information about the man russians say is ryan fogle, who armed with wigs, sunglasses, and bags of cash was busted allegedly trying to recruit a russian spy on monday. russian state controlled media says it was a counterterrorism expert with knowledge of chechen, places tamerlan
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tsarnaev, one of the boston marathon bomb e visited last year. given cooperation was ramped up after the boston bombings, as were diplomatic contacts, it is curious why this recruitment would have been necessary. >> the problem from the u.s. side wasn't that they didn't have information about tsarnaev, they didn't know whether or not they could trust it. the fact that the president and secretaries of state, foreign relations, have been able to agree that they would like to share information, like to be able to trust each other more does not actually mean that the intelligence communities are going to be able to trust each other more. >> he went on to say the spy drama probably won't affect bilateral relations, which you are not great in the first place. the publicity to be vladimir putin's way of telling people, the americans spy on us, meddle in our affairs, so you shouldn't trust what they say about our human rights affairs. they will continue to work in areas they consider to be the
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burning problems of the day like syria and terrorism. bret? >> bret: amy kellogg in london, thank you. another day, more records on wall street. the dow gained 60 to close at 15,276 today. the s&p 500 was up 8. the nasdaq finished ahead 9. next a quick court block sentencing for the abortion doctor convicted of murdering babies. plus a late development with the jodi arias trial and o.j. simpson takes the stand. after that the panel is back. it's a busy day. stay tuned. and just give them the basics, you know. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k)
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from td ameritrade. >> bret: o.j. simpson is back on the witness stand, the football icon, sportscaster, is trying to get a new trial. he was convicted of armed robbery and kidnapping after sports memorabilia in 2007. simpson says one of his defense attorneys gave him bad advice. >> well, the overall advice he gave me was, is you have a right to get your stuff. he gave me an example, that if you were walking down the street, if you saw your laptop, with your name on it, in a car, you can use the force to break the window of the car to get the laptop. >> bret: o.j. simpson was, of course, acquitted of murdering his wife and another man in 1995. he was later found liable in a civil trial.
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tonight it is official. philadelphia abortion doctorker met gosnell will spend the rest of his life in prison for murdering babies born alive during botched abortions. sentencing was today. this report contains a warning, there is disturbing language. molly? >> 72-year-old dr. kermit gosnell, a former abortion provider in philadelphia, now a convicted murder, will die in prison, while serving three life sentences. today prosecutors called him a, quote, monster, for cutting babies' next with scissors after they were born alive after late-term abortions. >> kermit gosnell will never kill another baby. >> gosnell made a post-verdict deal with prosecutors to take the death penalty off the table if he gave up all of his rights to appeal. according to his lawyer, gosnell has no remorse. >> dr. gosnell -- no.
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he believes that what he did was not homicide. he believes that he never killed a live baby. >> today gosnell's clinic in west philadelphia is all locked up, but eerily casts made to look like baby hands remain in the window. jurors in this case spoke today about what led them to convict gosnell on three first-degree murder charges. >> the premeditation, it was just business as usual with him. he snipped the necks no matter what happened. >> there were children that died at the hands of this man, you know. that was what was hard for me to admit, that that kind of evil exists in this world. >> a source tells fox that before the jury was dismissed today, the court brought in a psychological counselor to talk with them because of all the grizzly details and the gruesome nature of the details they've had to listen to for the past two months. bret?
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>> bret: molly, thank you. the to talk about it all when we come back.
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this. >> bret: well, that was the president this week talking about the benghazi investigation called the arb, the accountability review board. here's what politica politico fd about that statement, the board did not look at who perpetrated the attack, nor probe the administration's public communications afterwards. no less than authority than the board's co-chairman undercut obama's sweeping claim that the board investigated every element. on balance, we rate obama's claim mostly false. okay. so within the past hour and a half, we received these, 94 emails from the white house. some very interesting tidbits in here as james rosen has reported on. one of them from victoria nuland, then the spokesman from the state department, saying these don't resolve all my
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issues or those of my building leadership. they are consulting with nss. it goes on to a conversation between tommy vitor, a spokesperson with the at the time national security counsel, and jake sullivan, at the state department, and they say we'll work through this in the morning and get comments back. all of this is have the deputy's meeting when they decide what's in the talking points. this goes counter to what jay carney said from the white house briefing room numerous times about the edits. we're back with the panel. judge andrew napolitano, a.b. studdard, and charles krauthammer. okay, judge, a lot of focus on the talking points. there's so much more to the benghazi story, in other words the military response, the security beforehand. this is what we're dealing with at this hour. >> here's what we know in my
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view we're dealing with at this hour. we have competing factors, the white have competing factors right here. we have the white house. we have the cia. we have the fbi. we have the state department. we have the national security administration. and they seem to be arguing over what are we going to tell the public? is their motivation national security? is their motivation capturing the bad guys? is their motivation assuring that this is not going to happen again? is their motivation to tell the truth? or is their motivation because we are less than 60 days from the presidential election to make the president look good? because by revealing this to be what it truly was, a well-organized terrorist attack on an american facility in a foreign land that resulted in at deaths of four innocences it will harm the president politically and as well by delaying, by office skating, by not telling the truth, they hammerschmidt fbi's ability to catch the bad guys. that is a crime. that is obstruction of justice. >> bret: page 53, sullivan, talk to tommy, we can make
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edits. again, these are to the talking points. we should point out that the talking points go from this pretty detailed version of the cia originally to scrubbing out any reference to al qaeda, any reference to previous warnings that the cia made to state. and it is direct and explicit contradiction with what jay carney has said and really what hillary clinton said. >> right. because what we are seeing in the emails tonight is that they discussed between the agencies how to make sure they would be better protected from members of congress against accusations that they were easily warned against an attack like this or that the -- at one point one of the emails says thanks cia, fyy says fbi says a.q. al qaeda was not involved not ahead of law enforcement now. are we clear to send to congress? nope says the respondent. so, back and forth and back and forth although a spokesman says today these talking points started out
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as cia talking points and ended up as cia talking points. they went through all of the obvious details and suspicions and as the judge points out, discredited an ally in the libyan president who said the same day that susan rice went on the talk shows to do the scrub talking points that this is indeed a terrorist attack. slowing down the fbi's investigation endangering our national security. there is is a lot of cover yourself in here. that is going to be hard for the white house susan. >> it's hard to know where to start with all the untruths and sort of the casual attitude towards the truth it shows with what you just showed. the president saying every aspect of this was investigated the report that the state department had put out in december when the chairman of it says no, we had no mandate to do anything about the talking points for an example. that is as clearly an untruth. he throws them off so casually. we also heard after the talking points that the reason they had to strip out any reference to a.q.,
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al qaeda or a.q.i.m. or terrorists is because it would jeopardize the investigation. we have the emails of the fbi saying it's not jeopardizing they have no problem with the original talking points. i mean it is lie upon lie. and at the end what we saw was a national security memo. he is the one who called the meeting and he is the one who says the point of the talking points is to represent the various equities, meaning to protect the departments and not the point of the talking points is to give the truth. and that is ultimately damning. >> bret: there you are talking about ben rhodes. some final thoughts from the panel. busy show. a different show tonight. stay with us. why are twice as many people choosing verizon over any other carrier? many choose us because we have the largest 4glte network. others, because of our reputation for reliability.
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then find out how to get lunesta for as low as $15 at there's a land of restful sleep, we can help you go there, on the wings of lunesta. >> bret: finally tonight, final thoughts from our panel. judge? >> the president is in the midst of the worst week of his presidency because he is not interested in the truth and he is not interested in following the constitution. he is just interested in politics of the moment. >> bret: a.b.? >> i think he has so-to-show some outrage and determination about the other candles as he did tonight about the irs because he doesn't seem yet that he appreciates how much damage the three of them collectively will do to his second term. >> bret: charles? >> it's hard to know why he came out tonight and what he accomplished. i think what he understands is that he is losing his constituency, that's the media. that he counted on correctly after benghazi. to be uninterested and to cover for him. well, that's over. they feel attacked by what
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was done a.p. duped over the edits and everybody is angry over the irs. >> bret: thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. fortunately a special report online starts right now. >> shepard: big news out of washington in 45 seconds. but, first, facing death. the convicted murderer jodi arias is now one step closer to dying for her crime. a short time ago a jury in arizona found that jodi arias is, in fact, eligible for the death penalty. that jury found areas acted with extreme cruelty when she shot her ex-boyfriend, slit his throat ear to ear and stabbed him 27 times. just watch as she sat stone-faced in court as she learned she could face lethal injection. >> we the jury duly emand and sworn upon our action upon oaths find that the factor especially cruel has been proven signed foreperson.


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