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tv   Special Report With Bret Baier  FOX News  August 21, 2014 3:00pm-4:01pm PDT

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>> dana and i each eloped, and we're still married. >> i did. >> you did, too? >> we're still married. >> all right! elope this weekend! the obama administration sets its sights on the killers of that american journalist, while questions arise over revelations of an unsuccessful rescue mission. this is "special report." good evening. i'm chris wallace in for bret baier. there is plenty of second-guessing tonight over how president obama is handling the aftermath of that gruesome execution of american journalist james foley. we have fox team coverage. the optics behind the president's response. we begin with national security
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correspondent jennifer griffin at the pentagon. and details of what had been a highly classified mission to rescue american hostages. good evening, jennifer. >> good evening, chris. that's right. the mission had been top-secret until it leaked out yesterday. now we've learned the rescue attempt took place over the july 4th time frame, a mix of tier one special operators launched a daring mission that ultimately failed. senior military officials say multiple helicopters covered by u.s. jet fighters and surveillance drones overhead flew in from an undisclosed neighboring country, dropping the special operators near an isis compound in eastern syria, in the town of raka, an isis strong hold. chuck hagel said he regretted the mission failed giving this assessment of foley's captors. >> they marry ideology, a sophistication of strategic and tactical military prowess. they are tremendously well
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funded. this is beyond anything that we've seen. >> reporter: the american hostages were not at the compound when the special operations team arrived. they appeared to have been there days before. that's when the u.s. team after extracting information at the compound decided to look for the missing americans. they moved to a second compound where a fire fight ensued leaving several isis militants dead. one u.s. aviator suffered a non-life-threatening injury. >> this operation, by the way, was a flawless operation. but the hostages were not there. >> reporter: the marvged executioner was british. iraq's ambassador to the u.s. said he's one of 1,000 european ju hadists fighting with isis in iraq and syria. >> they are jihadists. others said before, this is a jihadist destination. >> reporter: european governments allegedly paid large
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ransoms for other hostages who were released this spring. those hostages gave u.s. intelligence leads about where foley and the others were being held in eastern syria. foley's employer said isis asked for 100 million euros, or $132 million in exchange for foley. the u.s. refused to pay. ultimately the company paid private security firms millions in an attempt to find him. >> we had all of the appropriate communication you can imagine. but we hoped that they would listen. the situation changed when the bombing began. >> reporter: the u.s. carried out another six air strikes against isis targets in iraq today, according to u.s. central command. there are at least three more americans being held by isis right now, chris. >> jennifer, there was some other news at the pentagon today. what can you tell us about a government accountability office report on the gitmo prison swap that led to the release of army
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sergeant bowe bergdahl? >> today the nonpartisan gao said the pentagon broke the law when they used u.s. money to swap five taliban prisoners for sergeant bergdahl. the failure to notify congress at least 30 days in advance was also a violation, according to the new report. press secretary rear admiral john kirby told fox tonight, quote, the operation to retrieve sergeant bergdahl was lawfully conducted, adding the justice department agrees. chris? >> jennifer griffin reporting from the pentagon. jennifer, thanks for that. now, to the payback. the justice department will run a criminal investigation. just as it's doing in benghazi. but there are other options on the table. chief intelligence correspondent katherine harage runs it down for us. >> reporter: as battle hardened jihadists threatens more american hostages, the nation's top law enforcement officers said the administration will bring journalist james foley's
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killers to account. >> the justice department is actively pursuing justice in this case. we have an open criminal investigation. >> reporter: the fbi director said the bureau opened a file on foley when he was kidnapped two years ago, and the murder changed the focus. >> i'm very, very sorry to say that these savages have turned it into a homicide investigation. we'll stay on it, work with our law enforcement, our intelligence and military partners to try to bring justice to the foley family. >> reporter: and there was strong news that the use of lethal force was in play. >> those who would perpetrate such acts must understand that we will not forget what happened, and people will be held accountable, one way or the other. >> reporter: prosecuting terrorists is the same strategy holder employed for the benghazi attack. one suspect was brought to a federal court. and he was asked about the strength of the evidence. asked whether the state department had assurances that federal investigators would be allowed into syria, to collect
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evidence and question witnesses, a spokeswoman offered no specifics. >> obviously there will be a criminal investigation as there always is when there's an american death overseas as the fbi can speak to. there's also an ongoing intelligence community focused on this. to determine who may have been responsible. >> reporter: a journalist held with foley and released in april told french tv that the 40-year-old was singled out for beatings because he was an american whose brother served in the military, adding that he recalled one captor with an english accent. >> britain has between 500 and 600 uk citizens, have joined to fight the jihad in syria. that is a very troubling number. and that's just one country. >> as part of the investigation, the fbi's working closely with britain's mi-5 to match the voice print of the executioner on the video with recordings of known individuals. a u.s. official said tonight american investigators were urgently attempting to identify
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and capture him, chris. >> katherine, thank you. president obama is taking criticism tonight not only for what he said about the foley execution, but when he said it, and even what he did after he said it. senior white house foreign affairs correspondent wendall goaler is probably with the president on martha's vineyard tonight. >> may god bless and keep jim's memory and god bless america. >> reporter: the statement about james foley was quickly judged wanting by his critics. >> he gave a very moving statement about mr. foley. we were all touched. and then, what? he said we have to contain isis. we're not going to contain isis. we have to defeat isis. >> reporter: john mccain said that means going after isis in syria, something the president said he wouldn't do, though the foley rescue mission took place in syria. the first u.s. boots on the ground in that war. mr. obama's decision to go golfing right after the statement contrasted with prime minister david cameron's
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decision to interrupt his vacation, leaving former clinton administration pollster whitman uncomfortable. >> i don't debate he deserves a vacation. but the optics actually looked pretty bad. >> reporter: others criticize mr. obama for speaking at the same time foley's parents were talking to the press. and for releasing even limited details of the failed rescue mission. >> it tells people what we tried to do. number two, an admission of failure. and number three, whoever it was we relied upon, whoever gave us the tip, is now in jeopardy from the islamic state and may well be dead already. >> reporter: yet several isis fighters were killed in the mission so the group was certainly aware of it. administration officials say several news organizations had gotten information about it. >> i have no idea who provided it. we were forced at that point to acknowledge it, given they were -- many of the outlets were going to run stories one way or the other. >> reporter: mr. obama did promise foley's murder will not be forgotten. the u.s. has a long reach, and
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as osama bin laden's killing showed, a long memory as well, as eric holder put it. isis targets continued. 14 on wednesday. more today. but lawmakers on capitol hill remain divided over additional military involvement with some democrats warning against missions in iraq and few supporting an intervention in syria. there has already been some mission creep. the president initially ordertr humanitarian aid and fighters to protect refugees. now fighters are creating space for its new government. >> more on all this, with the panel, wendall goeler, traveling with the president. wendall, thanks for that. claims of bias on both sides in ferguson, missouri. first, here's what some of our fox affiliates around the country are covering tonight. fox 25 in boston with a guilty plea from a college friend of boston marathon bombing suspect
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sarnia. he removed a laptop computer, and empty fireworks canisters from his dorm room after the bombing. and the return of a military search and rescue unit, called the blue hawks, part of their mission was to search for that missing malaysian airplane that disappeared last march. this is a live look at new york from fox 5 there. one of the big stories tonight, a fire hydrant that makes more money than the average american. it's a local legend and not in a good way. it's near a tempting parking spot and the sign warning against parking there is in chinese. it rang up $33,000 in fines in just one year. that's tonight's live look outside the beltway from the "special report." we'll be right back. a
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. headlines from ferguson,
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missouri. national guard troops are going home. but the controversial county prosecutor insists he's not going anywhere. attorney general holder has come and gone but not without igniting talk of a prosecutorial double standard. correspondent mike tobin has the latest from ferguson. >> reporter: demonstrators in ferguson are largely unaware of or unimpressed by the visit of u.s. attorney general eric holder. >> he gets a d-minus on his trip to st. louis. >> reporter: he attempted to reassure the black community that things will get better. >> as i indicated to them, i think this is a tragedy, out of it comes a great opportunity for reforming that community. >> reporter: while in ferguson, holder told students when he was a young lawyer he was stopped on the new jersey turnpike by police and forced out of his car. the car searched. he says he was a victim of racial profiling, humiliated by police. he promises his investigation of the police will be fair.
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black leaders in ferguson held a press conference announcing their petition with 70,000 signatures demanding that county prosecutor bob mccullough be removed from the case because he comes from a law enforcement family. his father, a trooper, was killed by a black man in 1964. therefore, they claim he cannot be objective. >> worldwide, people have made a statement to bob mccullough that they have no confidence in his ability to be fair and impartial. >> reporter: mccullough issued a statement, i have no intention of walking away from the responsibilities and duties entrusted to me by the people of this community. additionally, there is no basis in the law to do so. their demands also include the immediate firing of officer darren wilson, the removal of police chief jackson and mayor knowles. today there is hope that chaos in the street rounded a corner. >> he's not taking small steps. sometime those small steps are hard to see.
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but small steps turn into big steps. we've been taking small steps every night. >> behind me are some of the guardsmen who will soon be leaving ferguson. it's always been security here at the command post. they were never part of the crowd control down at the demonstration. the very fact they were here, enhanced a notion of a militarized state. >> mike tobin reporting from ferguson. mike, thank you. a federal judge has ordered the justice department to provide congress with a list of documents it refuses to release in the failed gun-running program known as operation fast & furious. the obama administration has claimed executive privilege and attorney general eric holder was found in contempt of congress. justice has until october 1st to produce that list. bob mcdonald talked about the rocky state of his marriage during today's testimony in his
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and his wife's trial on corruption charges. that kind of personal anguish is part of the defense strategy. >> reporter: on his way into court today, former republican governor bob mcdonald revealed none of the personal heart ache he was about to describe for the jury. >> got a marvelous family. >> reporter: in court, mcdonald spoke of a marriage in crisis. describing a letter he wrote to his wife, maureen, in 2011, that said, quote, you are my soul mate. i am sorry for all the times i have not been there for you. and have done things to hurt you. but i am completely at a loss as to how to handle the fiery anger and hate from you. mcdonald's legal team has maintained it was mainly maureen who was accepting more than $165,000 in gifts and loans from wealthy virginia businessman johnny williams. and moreover, that the mcdonalds could not have conspired to accept williams' largesse in return for political favors, because husband and wife were barely speaking. >> you're seeing this politician
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on the stand having to walk this tight rope between selling out his wife, ultimately that's what he's doing, and still maintaining some sympathy with the jury so they don't think he's a jerk for doing so. >> reporter: he also told the jury he had dinner with williams and hosted an event for his company at the governors mansion because mcdonald thought it could possibly, quote, create some jobs. mcdonald's attorney asked him in court, quote, did mr. williams ask you to do anything for him? no, said mcdonald. but heather san sen said the prosecution is likely to tell the jury that williams did get special access, because of his donations and gifts. gifts including $15,000 for mcdonald's daughter's wedding reception. >> molly, thank you. bank of america will pay almost $17 billion to settle up with the justice department over its role in the sale of mortgage-backed securities in the run-up to the 2008 financial crisis. it's the largest deal over the meltdown so far.
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stocks were up. the dow gained 60, the s&p 500 and nasdaq both finished ahead six. still ahead, just in time for the november election, a big rise in your health insurance premium. first, it's being called a miracle. two missioners diagnosed with ebola walked out of the hospital.
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israeli air strike in the densely populated gaza neighborhood has killed three senior commanders of the hamas' military wing. a pre-dawn attack leveled the four-story house. thousands of palestinians joined the funeral procession for the man. hamas warned international airlines against landing at the ben-gurion airport.
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fierce fighting is reported between ukrainian government troops and pro-russian separatists trying to hold on to captured territory. the publication business insider reports an american-born banker has died, while fighting for ukraine. meanwhile, some russian trucks supposedly bringing in humanitarian aid are now going through customs at a rebel-held border crossing in the east. here at home, two american aid workers who were brought back to the u.s. to be treated for the ebola virus are now out of the hospital. correspondent jonathan reports on the recovery one patient calls a miracle. >> reporter: 19 days after arriving at emory university hospital with active ebola infection, dr. kent brantley leaves with a clean bill of health. >> today is a miraculous day. i'm thrilled to be alive, to be well, and to be reunited with my family. >> reporter: brantley, a medical missionary, and nancy writebol a
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missionary with s.i.m. apparently contracted the virus in liberia. both were flown to atlanta for treatment for a virus that has now claimed at least 1,350 lives in west africa. >> we were very hopeful that with the level of support we can deliver at our facility, that we would have a substantially better outcome than our colleagues practicing with lesser developed health care systems. >> reporter: both patients received treatment under strict isolation guidelines, until doctors determined they had recovered and no longer posed any threat to the public. writebol was released quietly tuesday, while brantley hugged his attending medical team upon his release today. >> if the hugging transmits the message that we don't think he's contagious, i think that would be accurate. >> i cannot thank you enough for your prayers and your support. >> reporter: dr. brantley asked everyone to turn their prayers to the people of west africa as they try to contain the ebola
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outbreak that's expected to have infected 4,400. jus in time for the november elections. news about your health insurance premiums that could affect your vote, and the votes of american everywhere. here is chief national correspondent jim engel. >> the administration still has a rough road ahead with obamacare, as insurance companies re-price their premiums for 2015, which will be known well in advance of the november elections. >> everybody will know what the premiums are going to be, well before the election. and the premiums are going to be much higher than i think the administration is counting on. >> reporter: though some plans are seeking increases of less than 10%, many others are rising much more. >> depending upon who you look at, some are looking at roughly 24%, 25% increases, others seem to be a little lels. of course, it's going to vary by state. the premiums they're facing are probably 15% to 20% higher than they were this year.
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it's going to be a difficult situation. and i think the administration is not going to win on this. >> there are many plans that have to raise their premiums in excess of 25%. those are typically cases where the plan mispriced the product to begin with. >> reporter: the administration argues obamacare has actually held the cost of premiums in check, even pushing them down. average refunds of $80 per family this year. some plans are indeed proposing smaller increases, but no matter how small, the president promised massive savings, saying every family would save $2,500 a year. >> in fact, they were about $3,000 higher at the end of his first term rather than $2,500 a year lower. he missed it by a spread of about $5,500. and they're continuing to go up. >> reporter: analysts emphasize premium costs are only part of the total cost of insurance. recent reports show many people con fuelsed and unhappy they
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must pay as much as $5,000 out of pocket before a single dollar of coverage. >> they don't often look at what the other costs are. not only the cost of the deductible, there are also the costs of out-of-network service use. >> there has to be a balance there, and we're seeing that balance come out in higher deductibles, higher premiums and less choice. >> which is why many states have proposals to broaden networks which will make health care easier, but also force premiums to increase even more. chris? >> jim, thank you. next on the grapevine, a weighty issue over using old pictures in campaign bribin to be illegal. so why is one big city thinking about doing it on purpose? introducing nexium 24hr finally, the purple pill, the #1 prescribed acid blocking brand, comes without a prescription for frequent heartburn.
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now some fresh pickings from the political grapevine. choosing your friends is important in politics. and not something rick scott's reelection campaign is learning again. this is a florida small business owner, in a spanish language ad for the governor. the problem? "the miami herald" reports in 2010, torres was convicted of human smuggling on the caribbean island of st. martin. this is not the first time governor scott has had this problem. the tampa bay "times" reports back in april the campaign
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reported a video of a city manager who had previously resigned over a corruption charge. los angeles is considering an unusual approach to getting out the vote. the city ethics committee has approved a measure authorizing a cash prize for voters. officials say voter turnout is truly depressing. but many local residents don't like the plan, warning it would attract people who know nothing about candidates or issues. finally, negative political campaigns are tough. and often personal. tom reed said his opponent crossed the line by using old and unflattering photos of him. pictures in numerous ads for martha robertson show reed before his 2013 surgery to lose weight. reed seen with his wife in the picture on the right claims to have lost 100 pounds since the procedure.
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robertsson's spokesman said reed is trying to distract voters from the issues we raise in our ad. now, our top story at the bottom of the hour. u.s. forces continue to hit isis targets in iraq two days after images were released showing the beheading of american journalist james foley by the jihadist group. we're learning more tonight about how the u.s. will investigate the execution. what the pentagon did to try to prevent it. and what the terrorists demanded to give up their hostage. senior foreign affairs correspondent amy kellogg has more. >> though is widely believed some european and other countries pay to get their hostages out of war zones, the state department said the u.s. doesn't negotiate with terrorists. >> one of the main ways isil had been funded throughout this conflict had been from ransom payments that others have paid. we believe just in 2014, that's in the millions of dollars. >> meanwhile, the pentagon
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released details of an attempt to rescue james foley and other hostages earlier this summer. but the hostages were not in that location. the attorney general and fbi said they would do all they could to track the killer down, and they opened a criminal investigation. >> we'll work with our law enforcement, our intelligence and our military partners to try to bring justice to the foley family, and bring the full force of the united states to bear on these savages. >> reporter: an investigation in islamic state territory will have challenges. the most significant tip seems to be from a former hostage saying he recognized foley's killer in the video as one of three terrorists, captives called the beatles, because they were british. >> they was the leader of the pack. someone who was very assertive, was responsible for negotiations with hostage families. and certainly had spoken to many moms, dads, wives. >> reporter: another former
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hostage today said he roughly recognized the person in the video. he said foley was singled out for beatings because he was american, and because his brother served in the u.s. air force. one member of britain's parliament raised alarm bells today saying he believes the number of britons who have gone off to fight in iraq and syria is closer to 2,000 than the 500 cited. they're reportedly including medical students and teenage girls. one fear remains that they will come back to britain and fight. chris, one of the measures reportedly being discussed here to protect society against these home-grown jihadists is reintroducing so-called control orders for terror suspects. they were scrapped in 2011 because critics said that they were tantamount to indefinite home arrest. but members of parliament are saying, some anyway, times have changed. chris? >> amy kellogg reporting live
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from london. amy, thanks for that. at least 34 sailors are being kicked out of the navy for their role in a cheating ring at a nuclear power training site in south carolina. the navy says sailors cheated on qualification exams to become instructors. it says none of those involved actually handled nuclear weapons. earlier this year, a cheating scan tal in the air force nuclear missile program resulted in the firing of nine officers. what president obama is and is not doing in response to the murder of an american journalist. we'll talk with the panel when [ male announcer ] when you see everyone in america almost every day, you notice a few things. like the fact that you're pretty attached to these. ok, really attached. and that's alright. because we'll text you when your package is on the way. we're even expanding sunday package delivery. yes, sunday. at the u.s. postal service,
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we'll open a criminal investigation. those who would perpetrate such acts must need to understand something. this justice department, this department of defense, this nation, we have long memories. and our reach is very wide. we will not forget what
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happened, and people will be held accountable. one way or the other. >> attorney general holder today discussing all the ways the administration will try to bring the people behind the execution of american journalist james foley to justice. let's bring in our panel, juan williams from the hill. a. a.b. stoddard also with the hill. they say it will be a criminal investigation of the specific execution, and all the people involved with the killing of james foley. but he did mention not only justice, the pentagon as you just heard him say we'll try to get them one way or the other. do you think the criticism of holder is fair or not? >> i think it's one-sided. clearly you have to have some kind of strategy, that not only entails the justice department pursuing criminal investigation, and remember, anytime an american citizen overseas is the
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victim of such a crime, any crime, the fbi gets involved. that's the law. that's the way the process works. so having holder assert that he is interested, and, of course, ask people to remember what happened with the benghazi investigation, what's happened in previous cases where it's taken time, but ultimately the united states has reached across and pulled those people back into the criminal justice system, and has a terrific record of convictions. but the other part of it, and of course, he doesn't speak to this, is that the pentagon, chuck hagel, secretary of defense today, said they're going after isis very aggressively. >> that's the next thing i want to talk about. the big question is, what do we do about isis, and this is what defense secretary hagel said today at the pentagon. >> the president, the chairman and i are all very clear-eyed about the challenges ahead. we're pursuing a long-term strategy against isil because isil clearly poses a long-term
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threat. >> for all the talk about the long-term threat, hagel also made it clear that the u.s. mission is to assist the iraqis as they confront isil, or isis. >> well, i thought secretary hagel tried to keep to the script on mission creep, escalation, building a coalition, and the u.s. backing a coalition. i did think that general dempsey went a bit further about the fact that while isis can be contained, he said it will eventually have to be defeated. and he said that in the long term, the only way to do that is to get at isis in syria. they were very strong terms. in the end, even as secretary hagel was quite unequivocal that we're in for the duration with this group, because they're the most well funded and most ease and success and radicalizing westerners, that we're going to
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be girding for a very long fight. they did not -- though they tried to hem and haw on what that means, and whether or not it would lead to ground forces, is one thing. i think they had to stick to their talking points so they made it very clear that we're back in a 9/11 state of emergency, although they didn't use that exact phrase. >> how far do you think we should go? should president obama declare war on isis the way we declared war on al qaeda? >> look, everybody is always -- when you want to advocate inaction, you say, what do you want to do, declare war, boots on the ground, new iraq war? no, of course not. those are red herrings and distrangss. the special forces of iraq perform rather well. so this i think is a red herring about american troops on the ground. we have air power. and these people, isis, it's
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heavily overextended. and it's operating in desert and open fields. you can see the target. this is a perfect scenario for an air war against them. the problem here is that it is not a post-9/11 declaration, it's pre-9/11. what we decided as a country after 9/11 is that for 20 years we had treated terrorism as a law enforcement problem. osama bin laden was offered to us by sudan in the late '90s, and the clinton administration said we can't take him, we don't have enough evidence to indict him. and he ended up in afghanistan. and we know what happened. the attack on the cole, the year before 9/11. an american warship, that's an act of war. what was the response? we sent the fbi to yemen. we should not have the attorney general talking about this. this is not about capturing the brit who was holding the knife. it's about a war on these people which doesn't mean boots on the
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ground, it means supporting the existing troops on the ground who are doing a reasonably good job. >> we've got less than two minutes left and i want to ask you about one other controversy that came up today. we were here on the air last night when the whole story of the secret failed rescue mission broke. at that time you suggested, and i think a lot of people thought, well, this is just the administration in political damage control trying to show we were trying to do something before this poor fellow, james foley, was so brutally killed. today the administration said there were a lot of news organizations sniffing around, they were about to report the story, we decided to do it, to put it out our way. do you buy that? >> look, even if that is true, and i'm not saying it wasn't, what the administration should have done to protect the sources who were behind the first rescue operation, and to protect the hostages in the future so there's less information there, would have been to try to get the news organizations, one at a time, not to go with the
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story. that happens all the time. the "washington post" and the "times" have withheld information. if it would help -- would hurt national security. so if that excuse is a valid one, i want to see how hard the administration tried to suppress this story that ended up having, at least looked at it if it had a positive intent of making them look good for at least trying a rescue operation. >> next up, is there a double standard over which prosecutor handles the ferguson, missouri, shooting? that's next. huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know the great wall of china wasn't always so great? hmmm...what should we do?
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can take hold in the relationship between law enforcement and certain communities. i wanted the people of ferguson to know that i personally understood that mistrust. >> attorney general holder describing his message to the people of people of ferguson, missouri, when he visited there yesterday. we're back now with the panel. attorney general holder says he understands the mistrust blacks have toward their local police. juan, do you think that kind of comment is helpful or not helpful? >> think it's helpful, especially for people who have cynical or think there might be a cover-up or something underhanded taking place, the lack of information coming from that police department has attracted criticism from far more than just the black community or the left. i think all sorts of the spectrum have thought they have not done a good job. when you're in that situation, it's important to have the sense that somebody cares and somebody is paying attention and there will be a thorough and fair investigation that is not going to be the assumption, oh,
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everybody loves police and we're going to immediately back the police. there is going to be a sober look at what takes place and it will be done in some not quick fashion, but it will be done so it's not protracted. >> we can't say it's cause and effect, but a, b, after holder's visit last night, ferguson, the streets of ferguson, the quietest night it's had since the killing of mike brown. do you think that's a coincidence? >> well, i think he'll probably take credit for that. i do agree with juan that his visit, when you go and meet with people and look them in the eye and say i'm the top law enforcement officer in the nation, you deserve a credible judicial process. we're going to see this through. we're going to get to the bottom of it. i too was once raeflshy profiles more than one time. it served a purpose. it also -- >> we should point out you weren't saying you were. >> holder was saying. it also served to a service to
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the people behind the scenes urging obama to go. the problem with the calm is this, we don't knewhat happen today officer wilson and whether he was badly beaten or scuffed up and what happened with his trip to the hospital. we don't know, on the other hand, whether mike brown was ultimately shot in the head from behind and that killed him and he was doing nothing and never assaulted the officer. there's too many questions unanswered and the tension and the unrest is going to continue until those answers come. >> charles, and i'm sure a lot of viewers are asking this, he says he understands the mistrust, does that mean he's not as sympathetic or as open to the police argument as he should be? >> that's understood that the subtext, but i don't doubt that the fbi, the justice department, will do a fair investigation. regardless of what the attorney general said, and i think
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overall, the federal government has acted reasonably, and in a calming way. the real issue here, the real scandal is what the governor has done, jay nixon. what he said yesterday, he would insist that there has to be a vigorous prosecution. we don't need to have an indictment. that assumes there's a crime here. we have a grand jury which will decide if there was a crime. here he is prejudging it, and he's a lawyer. he's been a practicing lawyer for 30 years. he knows this is improper. he tried to walk it back, but that, i think, has been the most egregious breach of sort of legal ethics thus far. >> there's another interesting development, juan, and that involves the man who's actually going to be handling the investigation and if it comes prosecution, and that is st. louis county prosecutor robert mcculloch. there have been growing calls both from people in the street as well as from some elected officials that he should recuse himself even though he's been
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the prosecutor since 1991, for 24 years, because of the fact his dad was a cop who was killed by a black man when he was a kid, and some people believe he is too pro-police. what do you think of that? >> it's an interesting point. picking up on what charles is talking about, chris, because the governor, governor nixon, has refused to appoint a special prosecutor. he had that power, and he has refused. he has remained steadfast in his support for bob mcculloch. >> i wouldn't say he's steadfast in his support, so much so that mcculloch went on radio and said nixon has indicated he has doubts. he should man up. >> he said if he's going to do it, do it quickly. but nixon has not, he's under pressure to do it and he hasn't done it. steadfast may be too strong a word, you're right, but my point is it doesn't look like nixon is a flag flying on the wind in this issue. he's said that mcculloch should be able to handle this. now, i think there are calls
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coming from this because they feel mcculloch's dad was killed by a black criminal in the midst of some criminal investigation. does he have feelings about this? again, remember, we're talking about people in the black community, especially, who feel as if there's some lack of transparency so far in the way that the police have communicated what took place on that street. >> and we just have a short time left, charles. should that even be a question when the guy who has been county prosecutor for 24 years? >> no, i think it's an appalling charge to have him recuse himself. what is his crime, that his dad was a cop hero? i mean, after 9/11, we have been talking for a decade and a half about the heroism of the first responders, how much respect we ought to give them, how courageous they are? his dad was such a man. his family are almost all in law enforcement and that's a liability? that's preposterous. this man ought to do his job and we will judge him on what he does, not on the father's past heroic past, which is ironic and
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rather deplorable. >> that's it for the panel, but stay tuned to see the first ad of the 2016 presidential campaign. she's still the one for you.
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finally tonight, while we're just gearing up for the 2014 midterm election, potential presidential candidates are already testing possible pitches for 2016. here's one idea for a campaign commercial. he's been called an elitist. he vacations on martha's vineyard. he's been accused of ignoring the crisis in missouri and overlooking concerns of the african-american community. hell, i could do that. paid for by romney, 2016. >> we'll see, and that's "special report" for tonight. i'm chris wallace in washington.
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on the record with greta van susteren is up next. see you tomorrow. this is a fox news alert. the secretary of defense is warning, warning every single american about isis. >> isil is as sophisticated and well funded as any group that we have seen. they're beyond just a terrorist group. they marry ideology, a sophistication of strategic and tactical military prowess. they are tremendously well funded. oh, this is beyond anything that we have seen. so we must prepare for everything. >> he says we must prepare for everything, you can hear it in his voice, the pentagon is in a cris

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