>> the real story with gretchen carlsson starts now. >> we are waiting on the brand new reaction from the pentagon. a defense department news briefing is set to begin. welcome to the real story. details coming in about the arrest of abu khattala. they are nabbed him in the. the suspect on a u.s. naviship and heading back to the u.s. to face charges. >> we have the unsealed criminal complaint. >> that is new this hour. attorney general eric holder unsealing the criminal complaint that was fighted. let's quickly go through those.

we have three criminal charges against the suspect and providing and attempting to consphire material support to terrorist and using and possessing a fire arm during and relation to a crime of violence. we should note, if convicted of the three charges that could bring the death penalty. and the other thing to bring out is president obama in pits pets commented first time on camera and said this should send a signal if you kill americans anywhere in the world you would be brought to justice. there is a lot back and forth from the republicans and what the administration did or didn't do. at least one of those brought to justice. >> so, ed, there is a debate over whether that suspect will

be tried in gitmo, or new york. what are you hearing? >> bottom line, he will be tried in u.s. court. that is the signal we got from eric holder. >> ed, thank you so much. we'll listen n. >> on september 11th, 2012, no u.s. personnel or were injured. the united states is taken abu khattala to a secure location outside of libya. he will be brought to the united states to it stand trial in the court of hail. the secretary is everyone who planned and executed the operation. they took great personal risk to insure that justice will come to

those who harm american citizens. and the u.s. military works every day to be ready to carry out orders of the commander in chief and defend this nation. a quick note on scheduling. secretary hagel will testify before the subcommittee on defense tomorrow it. and on thursday, he will host the german minister of defense for her first visit to the pentagon earlier this year. with that, i will take your questions. >> john, can you say whether he will come back and is that the plan? he was living out in the open in libya for sometime. i mean he was interviewed by reporters and the press last year, can you address why it took so long and whether there was notification or coordination

with the libyan? >> we have long maintained on the conitations of libya, we have long made clear we would hold accountable the perpetrators of benghazi. this is no surprise to anyone least of all the libyan government. they were notified about this capture operation: i am sorry, your other one. was living, well, look,

terrorist go to great lengths to evade capture. and it can be, it can be a çcomplicated process trying get at them. and you don't ever want to execute a mission like this, a complicated mission like this you know, without having, without having the proper information and resources all in place. and so what matters is not that, that it, that it took a matter of time to get him, but that we got him. and i can't speak for his living habits. just for the argument sake he was living in clear sight and he is not anymore. >> and the libyans notified proir to? >> i will not get in the specifics of diplomatic

discussion. i can tell you that the libyan government was notified. justin? >> on the raid itself, were any shots fired and combatants killed? and how long were they on the ground during this raid? where exactly did it take place? as i said in the outset there were no casulties on civilians. i am not getting into the details of how long the executed. i am sorry, you had another one? >> how long were they on the ground and how long did it take to get it done? >> i will not get in to the specifics of the actual execution of operation. i can tell you that the capture took place near benghazi. >> where is he held now and will the libyan military transport him back to the u.s. >> he is in a secure location

outside of libia. that's as much as i will offer. >> he's in u.s. custody. he is in u.s. custody in a secure location outside of libya and that's as far as i am going to go. and i, i, don't have visibility in the precise transportation arrangements. the point is, that he's going to be brought back to the united states to stand trial. >> who specifically was the u.s. military force to get him. what was the service. >> i am not going to identify the specific units. >> fz he read his rights? >> he's in a u.s. custody in a secower location. i am not going to get in those details. that is a better question to the justice department and not military. >> he is talking about the

capture of abu khattala. we want to do more analysis on this now. he is a key suspect in the deadly benghazi attack. he's in cuffeded one and he will face criminal charges before a jury in the united states. for analysis. rick has served as policy advisor to the foreign ambassador in the un. and served to ambassador to it six vice-presidents and secretaries of. great to have you both here today. rick, let me start with you. what were you thinking and feeling and when you listened to john kirby. >> john should have said i will not go in details and i am not going to tell you why it took so long. he got to that later. but in the beginning, he was fumbling and it sent a bad message. >> what was the message? >> the message is that we don't

know what is going on here and we stumbled into this and it was not a strategy initiative. i think the opposite is true. if i was a spokesman i would have said i will not go in great detail of how we got this guy. we might have been watching him air long time to get this guy. >> it is interesting timing and maybe we were watching him 642 days. and cable news reporters interviewed this guy before the government got to him. all be it, great news and what else are we making of this? >> another killer off of the streets and that is the take away and that is good news. and as far as the timing is concerned. any number of factors could explain that. and i know you guys think that benghazi is the most critical issue facing the public. >> not me at all.

i am just, we are notting to know what is going on here today. >> just speculating here. if they are going to try him in a federal civilian court they want to make a case. and obviously one of the realities of our justice system, you have to do that. they required sufficient time to make that case. and number two, i don't find it credible. but it is offered up as an explan augdz that they are worried about the government in libia. that is nonexistent and i am not sure that prejustification was the point. >> i think the four families of the four dead americans wonder ared why it took 642 days. it is nothing to do with me personally but we are reporting on the story. >> i am not dismissive of the benghazi crisis like aaron is. it is a serious issue.

we had a white wash afterwards. if it was an intelligence failure then the white house should come clean. we have seen a cover up all along. it is not just bepg beng, it is trust in the government to tell us what was going on. >> that is a great point, aaron, you have president obama coming out moments ago, saying that the united states is always going to go after terrorist and they will face justice. at the same time, were they going after these guys when reporters got to them first? >> i don't know. i don't want to trivialize the severity. i anyhow chris stephens and not the other three. i don't accept that. and the reality, the preassumption and good news is clear that they got this guy. you are 100 percent right. there are all kinds of unanswered questions, no question about that. but on a day in effect that we succeeded and let's be clear,

part of the problem with the loss of street cred in this remmion is that we haven't succeeded. and frankly we have. >> today the united states military succeeded in capturing him. aaron and rick, thank you for your time. >> pleasure. >> there is a rare phenom nan bringing destruction to our heartland. twin tornados nearly wiping out the community. how they are handling it. >> and there is a computer crash and white house cover up. and two and from lois lerner, e-mails vanish. accusationed are now flying. we'll be right back. starts with back pain...

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welcome back to "real story." the house committee issued a subpoena to irs commissioner to testify about where the heck all of those lois lerner e-mails went. they can't produce two years of her e-mails claiming they vanished for good. here's the commissioner in march explaining the difficulty of finding old e-mails. >> it would take a while. they're not on my computer. >> that's the brilliance of the e-mail system. you check the sent box and the inbox and you suddenly have all

of the e-mails, correct? >> right. they get taken off and stored in servers. >> we have president of judicial watch, the organization that's gone to court to force the government to hand over some of this information. tom, great to see you again. i was thinking about your organization today in light of these vanishing e-mails. your organization has been more successful than congress in getting information about the irs scandal. so how does this affect you now that the irs is saying, hey, they vanished. we don't know where they are. >> we specifically asked for these e-mails. we sued over them. that's the documents we've been getting at least some e-mails she had been sending internally that were recovery. one of the big ones is lerner talking to the justice department about prosecuting the same groups as through the tea

party scandal. we specifically asked for bern lerner's e-mails. we're going to ask the court to conduct a hearing to figure out what's going on. i don't believe what they're telling congress. >> if they haven't told you that, you are issuing subpoenas through the freedom of information act and you're getting more information than congress. you don't believe what they're telling congress and i believe many americans don't either. >> they have to produce documents not under subpoena from judicial watch but pursuant to a court order. so they can mess with congress. they can pretend the e-mails don't exist or not recoverable. they're not going to be able to play a game, i hope, with a court and that's why we aim to ask the court to conduct a hearing at least to find out what's going on and we can take it from there. >> you can ask the court to preserve the computer drive,

right? >> the court in my experience have brought powers to preserve evidence like that. so the irs is going to have to own up to what went on here. the courts look very skeptically when the government starts messing around in terms of not being forthcoming about missing documents. >> are you using the c word, the coverup? >> it is a coverup. they knew back in february that this issue arose. probably because they were responding to our lawsuit back in february when they first began responding for real. now there's evidence that they may have known back in 2011 and we're looking at the e-mails we uncovered thus far to see if there are any other clues out there as to when they knew the e-mails disappeared. that assumes that we can take at face value their claim that they can't get access to the e-mails. i don't believe that. under federal records law,

they're supposed to print out important e-mails. there are more questions that need to be answered. we can't rely on the justice department. congress will take forever. >> you're doing a good job. judicial watch and we keep having you on the show because you have great information. keep us posted, tom. >> thanks, gretchen. a girl saves her father's life with a desperate plea all using social media. >> it must end. we need an ambulance, please. >> the danger her father was in but had no other choice but to use facebook. why it has taken this long for a suspect in benghazi to be arrested and will he make it to america? >> summer is here. schools wrapping up across the country. has your child gotten a job yet? what was your favorite summer

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welcome back to "real story." president obama saying the captured benghazi suspect will face the full weight of the american judicial system. doj pushing for three charges against him and eric holder is looking to add more in the next few days.

we have chief counsel of the center for american law and justice is my guest today. jay, looks like this guy will come back to the u.s. and tried in an american court, right or wrong? >> yep. they're going to try him as a criminal. i think, gretchen, this is part of the problem. the justice department keeps viewing these cases as criminal prosecution rather than as preventive. you want to be able to get the intelligence information out of somebody like this who is evidently one of the leaders or masterminds of this attack on benghazi and the idea that we're now going to put them through civilian court process and they'll probably get a conviction but is the conviction the real answer here or do we need information? you can try him later. it's a fundamental flaw with the way the obama administration views these individuals. they view them as criminals and they should be viewed as terrorists. there's a big difference. >> you have a lot of republican senators coming out after this capture saying that this guy should be going to gitmo but

there's no chance that's where this administration is going to send them. >> you're right. they're not going to send him there. that's unfortunate. he's an enemy combatant and this idea you'll charge him -- look what you just read as charges. using a deadly weapon. we're not talking about a burglary at a 7-eleven here. a terrorist attack coordinated by enemy combatants and we treat these as traditional criminal charges misses the point but puts the country at risk. >> what about miranda rights? there have been a lot of discussions with that with transition from president bush to president obama and how we capture terrorists and read them their rights. how does that factor into all this? >> you get one of these guys and first thing you're going to say is you have the right to remain silent? i want to say you don't have a right to remain silent. let's get the information out in legal ways but as soon as you deploy miranda, which is a

constitutional requirement in a criminal case where you have the suspect, it changes the whole dynamic of the kind of information you're going to get. this idea that you mirandizing enemy combatants and terrorists is flawed and shows where the administration is going with this and at the end of the day they view these as criminal cases and just treating them as routine criminal cases does not make sense. >> once again the suspect on his way to the united states. we'll see how it all flushes out. thank you so much. iraq, another huge story going on today descending into chaos as an extremist islamic group tightens control of iraq's heartland. who are they and where are they and what do they want? a special appearance by bill hemmer to break it all down for us. twin twisters wipe a town almost entirely off the map in nebraska. we'll talk to someone who was there through the whole thing. >> started yelling and then

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details are rapidly emerging after the arrest in the benghazi terror attacks after special ops and fbi agent nabbed him in a town not far from the attack site. national security correspondent

jennifer griffin is live for us at the pentagon with breaking information. jennifer? >> reporter: fox news confirmed the benghazi suspect, ahmed abu khattala was taken to a u.s. naval vessel in international waters where he's already been interrogated by an intelligence team. >> sunday night on orders from the commander in chief the united states military conducted an operation to capture ahmed abu khattala. khattala has been charged for his role in the attacks on u.s. facilities in benghazi, libya, on september 11th, 2012. >> reporter: the pentagon said he's in u.s. custody held in a secure location outside of libya and they wouldn't say whether he's been mirandized yet but they can hold detainee onboard a ship for interrogations for up to a month. he was nabbed outside of benghazi by a combined team of

u.s. special forces and representative of the fbi. there were no casualties during the operation, which took place sunday. this is not the first time that u.s. special operation forces were close to grab ibing khatta. another target was surprised outside his home in tripoli. a near simultaneous operation was in benghazi to grab khattala. there was trouble at the location in benghazi back in october so khattala slipped away. khattala was living in plain sight and had done interviews with multiple news outlets including "the new york times." he met with journalists in public and favored sipping lattes at a local hotel in benghazi. he was very confident he would never be captured. video of the attack on the night of september 11th, 2012, allegedly shows him at the consulate the night of the attack.

gretchen? >> thank you so much. jennifer griffin reporting live on breaking details. a big headline today. the key suspect behind the deadly attack, well, in u.s. custody captured in libya. the question is what took so long and why now? it's not like this guy has been in hiding. simon rosenburg is founder of a democratic think tank and former presidential campaign adviser. simon, we heard jennifer griffin say she has the best sources out there and this guy has been drinking lattes for 642 days. what's up? >> the pentagon disputed that today in their press conference saying he's been moving around quite a bit in hiding and so i think that doesn't matter. i think we got him. what matters now is we have taken an enemy of the united states off the streets in a dangerous part of the world. we have him on a ship. he's being interrogated.

high value intelligence out of him and he'll be brought to justice in the united states. >> maybe. maybe we will. he's going to come into a criminal court here and he's not going to get much. >> justice is going to gitmo and being treated as the war corral that he is. did i hear simon say what difference does it make with regard to the fact he did more media than a kardashian. the timing stinks. tonight hillary clinton for the very first time is going to get tough questions about benghazi. we have known about this for three weeks happening here on fox news and tonight when that interview hits there will be a twin narrative in the media. hillary clinton interview and kac capture of this terrorist and i think this isn't coincidence and this was planned. >> important for us to send a message to the world that when americans are attacked, no matter how long it takes, we

will find those responsible and we will bring them to justice. >> he said that at the beginning right after this attack 642 days ago, simon. >> he was talking about the guy who made the youtube video and not this guy. >> he's been emphatic that america goes after terrorists and we apprehend them. simon, how do you balance that out today when you've heard reporters saying that they got to this guy before the government did? >> well, i think, gretchen, remember that george bush tried to seven years to get osama bin laden. >> we didn't know where he was. >> media did interviews with him throughout that entire period. that's not true. our own media did interviews with osama bin laden during that period. the key thing is that the administration got him -- in 2 1/2 years, these things can take time. republicans understand this given how few of the high value targets they were able to get

during their administration. 2 1/2 years, swift justice, we have the guy. we should be celebrating and not criticizing. >> we are celebrating. >> a shout-out to fbi and special forces for bringing this guy in. >> i don't remember another time where we had a terrorist in sight and we didn't apprehend him at the time. >> i agree. i do join simon. great job for special forceses to give the president a narrative right when he needed it. >> thanks for the debate. as the white house weighs its opti options, the other huge story on the back burner a little bit today is the bloodshed in iraq. so where are these isis militants gaining ground and what is their ultimate goal? here to give us the lay of the land, my colleague and host of "america's newsroom" bill hemmer. you're going to use the touch screen to hell us who these players are. who are they?

>> on the map two things that we'll key in on and that's this complicated web that weaves throughout the entire region. who is sunni and shia and who do they support and not support. we heard from the white house earlier today that they'll meet tomorrow at the white house specifically about this. we're seeing movement on this. if you can go to the map behind me and show -- back it up one time if you could for me. that's the region. thank you very much. iran is shira. iran clearly supports the government in iraq and does not like sunni fighters at all. all their neighbors are sunni. these are religious differences. people like folks in kuwait and qatar and saudi arabia. if you remember yesterday afternoon one of the big stories floating around is how are foreign fighters, who is supporting them? the word is over the past year and a half factions of the population in these countries

were sending money up to syria to try to fight back against the sunni insurgents in syria battling back against bashar al assad. fighters have been crossing that border west and east into syria and iraq and look who is sitting out here in of this neighborhood? that's israel. in their backyard to the north and west is syria and to the east a bit further is iraq. i'll show you the area where we believe isis fighters are operating. a huge area. a lot of this is desert. we're not quite sure how much you can say they are in full control, how many miles you have to go to get between towns. today you've got a muslim cleric in baghdad, a shiite cleric calling these fighters to come to arms and now we're seeing people come forward and volunteer and take up arms. men like we see right here. and a few other pictures that

we're getting in from iraq. >> do we know the actual strength of the insurgency at this time? >> we are giving these fighters too much credit. why would that be? if sunny sunni on one side andn the other, they are taking towns like mosul last week and tikrit the following day, these are towns that majority of their population on sunni side. so now the sunni fighters right now are going into probably their easiest targets. we are giving them too much credit right now. we'll see what happens when the government here in baghdad starts to respond and go back after them. we'll see what kind of strength they have. it's unclear whether they are dug in or hanging on with an easy ally. >> great analysis on the touch screen from bill hemmer. thanks much. time to check in with harris in for shepard smith reporting

live from the fox news desk. >> we're going to stay with iraq. terrorists in iraq are taking over two big weapons depots holding 400,000 items like ak-47 and rockets. the militants probably have american made shoulder fire missiles designed to take out planes. weapons we sent to the iraqi military apparently now in the hands of the enemy. we're looking into that in the next hour and former u.s. marine will tell us all about the firepower the group may have got its hands on and what it means for the crisis there. back to you. >> a small midwest town picking up the pieces after a rare set of twin funnel clouds tears through nearly wiping it off the map. how unusual is a sight like the one you're seeing right there? a runner working up a sweat during close encounter with a big bear. how this one all ended up for both of them. >> back. stay. that's it. that's as far as you're going.

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joins us now. so sorry for all of the damage that we can see behind you there. describe the scene. where are you standing? what used to be where you are? >> there used to be a house here and there used to be a steel warehouse and then on behind me is where the co-op, formers co-op was and that's completely gone. 50% of the town is gone and another 25% to 30% is probably beyond help. >> i'm sorry to interrupt you. we have a bit of a delay in our microphones and satellite. i'm interested in knowing where you were, sir. did you get ample warning? was your house destroyed? >> well, i don't live here. i happen to be a retired farmer and i live out about six miles west of here. i called down to get barricades because we had some problems and

my worker down here, his house was hit just about 100 yards from here and there's nothing left to hit and so i knew there was a problem so i drove down. when i got here it was like a war zone. i could not believe what it looked like when i first saw it. i'm sorry. i get kind of emotional about this. it's devastating. >> i'm so sorry. all of the people watching feel sad about what this town has gone through. can you talk about what you have heard from the people who live there and where are they going and how are they getting help? >> they closed the town do last night about 6:30, 7:00 because they wanted to get everybody out so they could make sure that everybody was safe and everything. and they didn't want anybody in town last night and i think they went to friends and family

members and a town east of here they had a shelter put together so that people didn't have any place to go they could go there. now they are gradually filling back in to see what they can get of their belongings. >> whatever happens to be left there. i'm just wondering and so many others are as well watching this. how do you start the rebuilding process? where do you even begin? >> well, first of all, we have to clean it up. and then from there we'll get it done. and they'll build it better. people are strong. >> i'm from the midwest. i'm with you, sir. so many people are pulling for you in your town. we appreciate you coming on our air today and telling us about the devastation and we're all pulling for you, okay, jerry?

>> thank you very much. i'm sorry. i get so emotional. >> don't apologize. you're being. >> it's an emotional issue. >> it is. your town is devastated and decimated. we understand it. thank you much. >> we'll build her back. >> i'm glad for the optimism, sir. have as best of a day as you possibly can. thanks, jerry. >> thank you, gretchen. >> so for more on the rarity of these double tornadoes, time to bring in meteorologist janice dean. breaks your heart to hear jerry talk about the situation there. he's standing in front of complete destruction. >> it puts a human percespectiv on this. i've been doing this for over ten years seen my share of tornadoes on video and radar. to see that man in front of devastation and hearing heartbreak in his voice, it shows you devastation of mother nature is never ending and we can't fully have an appreciation for it until we see people like him in a town like pilger where people have to come together to

help rebuild. >> how does this phenomenon happen? these twin tornadoes? >> very rare. it is not unprecedented though. to see it on video captured like this, i've never seen it in my lifetime. we do have lifetime. we do have a still photo of a dual tornado, or twin tornado. this is the palm sunday outbreak back in april of 1965. 270 people killed. at least 1500 injured. but that's an indication of, you know, a very powerful photo that's in textbooks. meteorology textbooks. but the video that we saw unfolding last night is something that many meteorologists, myself included, have not seen incredible video of these very violent storms so close together. so two tornados coming from a parent supercell. so close together, gretchen, is extraordinarily rare. you know with storm chasers on the ground like this, maybe we'll see more video like this but it is rare. and certainly, meteorologists

will be studying this video to get a better handle on how tornadoes happen and where they happen. >> janice, thanks vetch. so a girl's emotional facebook post turns out to be her father's lifeline. why she turned online when she was in desperate need. right back with us. when you run a business, you can't settle for slow.

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came down crashing all of them. the vances don't have a land line so the storm knocked out cell phone service and so they couldn't call 911 that's when his 10-year-old daughter briana made a life-saving post. listens to her. >> it crashed. and a tree. my dad is dying. he needs an ambulance, please. if you have a signal. >> while her plea worked, someone notified firefighters who quickly showed up with the tools to free the men. they got the three men out, rushed them to the hop. her father was the worse off, broken back, broken ribs, broken shoulder. and now we know briana was actually standing right next to her dad seconds before the industry fell. >> if she would have been there a little longer, it would have hit her, i would not bear that, but i can handle this. >> imagine if she was under that

tree, gretchen, who would have notified the emergency crews in that case. >> wow, unbelievable. finally a very positive social media story, trace, thank you. well, here's one way to work up a sweat, try outrunning a bear. how this jogger finally ditched that guy. >> buddy boy. you just keep doing that. [male vo] inside this bag exists

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before you begin an aspirin regimen. what's your favorite kind of cheerios? honey nut. but... chocolate is my other favorite... oh yeah, and frosted! what's your most favorite of all? hmm...the kind i have with you. me too.

>> this will get your heart rate a pair of bears. the. >> that's cool, buddy boy, you just keep doing that. stay away from me, though. beware of wildlife. and take a risk [ bleep ]. >> the joggers made it to the safety of their car. well, you might say today is tuesday or maybe somebody you know it's their birthday or last day of school. but you know what else it is? it's the international day of the violin. and i grew up playing the violin

very seriously. so you can see, these are pictures from my past down there on the bottom when i was only 6 years old when i started. 13, probably 17, and then at the miss america pageant. if you want to hear me play, go to my facebook page right now. gretchen, thank you. i'm harris faulkner in for shepard smith at the fox news desk. the terror attack in benghazi left four americans dead. now nearly two years after it happened the u.s. special ops team has captured a suspect. ahead, how they got him. the interrogation, and what happens now. along with details of an interview he gave to fox news. also, inside iraq, the militants are moving closer to the capital city of baghdad. and collecting a lot of weapons along the way. that, and what we know about u.s. forces headed to that region. ♪ first, from fox