>> you do not want to miss another episode of "the five." don't forget to set your dvrs. don't change that channel. "special report" up next. almost two years after the benghazi terror attack, a suspect is now in custody and headed to the u.s. to face justice. this is "special report." >> good evening, i'm bret baier. after a 21-month search, american forces have captured a suspect in the september 2012 attack on a u.s. compound in benghazi, libya. ahmed abu khatallah is hardly unknown to u.s. officials or the news media for that matter. we will get reaction for the woman in charge of the state department when the american facilities were attacked. former secretary of state hillary clinton joins us live

here on set in a few minutes. we have fox team coverage tonight. ed henry at the white house with what this means, but we begin with national security correspondent jennifer griffin at the pentagon tonight to tell us how it all went down. >> the administration has been criticized for not getting khatallah sooner. they have been watching him since shortly after the attacks. >> on sunday, nearly two years after the terror attack on u.s. facilities in benghazi, a joint team of special operations forces carried out a secret raid to capture the attack's suspected ring leader. >> sunday night on orders from the commander in chief, united states military conducted an operation to cover ahmed abu khatallah. he has been charged for his role in the attacks on u.s. facilities in benghazi, libya, on september 11th, 2012. >> the president signed off on the operation friday night.

>> our special forces showing incredible courage and precision were able to capture an individual, an bu khatallah. he's now being transported back to the united states. >> after being captured south of benghazi, khatallah was taken to a u.s. navy vessel where he has already been questioned by a u.s. intelligence team. the justice department would not say whether he had been mirandized yet, but according to past experience, u.s. officials can hold him for up to a month before bringing him to the u.s., where in khatallah's case, he will stand trial in washington, d.c. this is not the first time that u.s. forces were close to catching khatallah. when they captured al-liby, ka

lal at that got away. >> i interviewed him five week after the attack. he admitted that he was at the u.s. son sue lat the night of the attack but denied any planning role. >> the presumption that, you know, he was going to mcdonald's for milk shakes every friday night and we could pick him up in a taxi cab. >> sources tell us that ahmed khatallah will be sailed back to the united states to give u.s. interrogators time to talk to him. >> like the raid that killed osama bin laden, the capture of calla at that is welcome news for president obama. >> after so many months of being battered over republican charge of a coverup on benghazi, president obama all but took a victory lap as he vowed to bring the killers of four americans to

justice. >> regardless of how long it takes, we will find you, and i want to make sure that everybody around the world hears that message very clearly. >> to be clear, it took 642 days after the attack to land one suspect, and others are still at large, nearly two years after this promise in the rose garden. >> we will work with the libyan government to bring to justice the killers who attacked our people. >> in the case of khatallah, he often appeared in public. and today the republican chairman of the special panel investigating benghazi pointedly gave the president no credit. i plawd our military and law enforcement officials for apprehending this terrorist. senate majority leader harry reid quickly called it disgusting for republicans to downplay the take down. >> i wonder if the men and women who capture the terrorists agree with the republicans that it's

no big deal. >> a big deal ahead will be how the case is tried with attorney general eric holder making clear that he will face trial in a civilian u.s. court. killing a person on a federal facility, providing, attempting and inspiring to provide material support to terrorists resulting in death as well as using and possessing a firearm in relation to a crime of violence. while legal analysts say the case is a slam-dunk sin the suspect was spotted during the attack and boasting about it. conviction is the no the point. kmang that the suspect be sent to guantanamo to be pressed for other intelligence for plans for other attacks. >> we're not talking about a burglary as at a 7-11. i think we're treating this as additional criminal charge puts the country at additional risk.

>> we will, of course, get reaction to this from hillary clinton. in just minutes. greta van susteren and i will interview her live here on set. let us know what you think of the interview as it happens. you can follow us on facebook or on twitter. just use the #hillary fox news. >> now to another middle east hot spot, iraq. islamic insurgents bound for baghdad are being preceded by a new wave of sectarian violence. the latest from the state department tonight. >> more chaos in iraq as a car bomb in the shiite city killed. following reports that four dozen prisoners were executed. with fighter from the al qaeda linked group isis battling

government forces 37 miles from the capital, the pentagon acknowledged the enemy does now possess some american supplied military hardware but not a particular kind of missile system as has been reported. >> we don't have a perfect inventory of that. the iraqi government is investigating that. as far as stingers, i have no firm information that they have that particular system. >> there are roughly 275 troops that president obama notified congress late monday he was deploying to iraq. roughly 160 are to help are embassy security. roughly another 100 are being forward stayinged outside of iraq. >> one of things that this group does and is proficient at is airport management and security. >> on the sidelines of iranian nuclear talks in geneva, there

was discussion with iran. >> they discussed the need for inclusivity in iraq and the need to refrain from pressing sectarian agenda. >> one of the most seasoned diplomats faltd the current leadership of the state department for mishandling this account. >> secretary ser -- kerry should be on a plane right now for baghdad. the focus has been on the conflict. that is indeed serious, but, you know, diplomacy is what is crucial right now. >> the state department spokesperson at one point chided the prime minister saying he was inaccurate and offensive when he asserted that the isis fighters presently advancing toward baghdad are drawing support moral and financial from saudi arabia. >> james rosen live at the state department. thank you.

up next another batch of missing email in the irs targeting scandal. and don't forget hillary clinton in just minutes here live on set. first, here's what some of our fox afill yats across the country are covering tonight. in lincoln, nebraska, with the massive destruction from rare twin tornadoes monday in the village of pilger. a five-year-old child was killed and 19 people taken to hospital. the sheriff says more than half the town is gone. fox 32 in chicago, nuns are suing a neighboring strip club. the nuns say the music from the club distracts them when they try to play. club management say police reports do not back that up. this is a live look from kttv chopper. the base we're told is now under lock down as civilian and military authorities search for a reported suspicious person

taking a suspicious pack back. no one is being on or off that military base. we'll bring any information to you. we'll be right back. 2 for $25 g! get your all-time favorites like creamy chicken alfredo. plus unlimited salad and breadsticks and dessert. 2 for $25 guest favorites at olive garden. geicmoney for over 75 years.save

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the tax agency has already signaled it will delay issuance of the rules but republicans want to stop the effort in its tracks. another day, another set of missing emails. irs officials say even more correspondence has disappeared. the uproar from republicans on capitol hill is growing. >> senate republican leader mitch mcconnell is accusing the obama administration of stalling on the irs targeting of conservative groups. mcconnell doesn't buy the claim that lois lerner's emails from 2009 to april 2011 were lost in a hard drive crash. the irs is claiming it cannot produce email records from six other agency employees. a computer expert says this doesn't pass the smell test. >> in today's society, especially in such a large organization as irs, it's extremely unlikely for those

data losses to actually occur. >> irs commissioner has been called to testify before two committees. they first new of the destroyed emails as early as february and he told the committee in may that the irs would produce all communications. >> i took him at his word that there would be a new openness at the irs. that clearly hasn't happened. >> it is believed the emails were intentionally destroyed. so far, the majority leader isn't drawing conclusions. >> i talk to senator wyden today. they are looking into this. >> lerner didn't sound terribly worried saying that her data was unrecoverable. writing that sometimes just happens. >> it's very deliberate, the emails that they have said are lost, it certainly looks like a coverup. >> house oversight has issued a

subpoena for the hard drive and electronic devices. >> on the hill, thank you. >> let's get some perspective on the irs and missing email. brit human is here on the -- brit hume is here ton. >> apart from the obvious fishiness of these emails conveniently disappearing from the very period that's in question here in this whole scandal. it's a real competence question as well. last time he made the rounds on the hill, he testified -- he made it clear that seven months, it had been seven months by the that time since the subpoena for the emails had gone out. it was clear that almost nothing had been done in an effort to retrieve them and put them together for congress to look at. and he said it would take a long time to do that, but he said it

could be done, would be done, and they had the emails. now, there was a paper record. we just saw a piece of it, from lerner herself, attesting to the fact there had been this computer crash. commissioner didn't seem to know about that or didn't say anything about that. they are bringing him back. i question how much they are going to get out of that guy. >> so politically, i mean, obviously, we followed this from the beginning, where does this sit? >> the most telling thing we've heard today was harry reid saying not oh, the republicans are off on one of their crazy tangents again. he was saying that senator hatch and his republican counterpart are looking into this. that tell you a lot. harry reid isn't saying this isn't all a wild-goose chase, then you know something is up. >> forensically a lot of people

say you can get these. >> anybody who has an email, who does email in a large institution like the federal government knows there's a record of them somewhere. when the commissioner was asked about what kind of system they had. he said outlook. outlook is the email application. it's not the underlying email system. he's got some things to learn. >> president obama wants to create the largest ocean preserve in the world by banning drilling, fishing, and other activities in a massive stretch of the pacific ocean. the action could affect as much as a million and a half square miles. the president is once again bypassing congress and using executive authority. some republicans contend the president is exceeding that authority to promote a political agenda. another positive day on wall street, the dow was up 27 and a half, s&p 500 gain 4. the nasdaq it finished ahead at 16. with the release of the taliban five, just who is left

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we do not know yet where the just captured suspect in the benghazi terror attacks will be held. guantanamo bay might be a possibility. there are several spots open there since the release of the five taliban leaders in a trade for an american p.o.w., which brings us to the question, who is actually left? chief intelligence correspondent kathryn hairage has some answers tonight. >> the high value detention camp of guantanamo bay is like a who is who of the terrorist world. there's tabu, and hombali is

often referred to as indonesia's qifle of sew sam ma bin laden. their record is strong and comparable to federal court. >> it is an important source for incapacitating and punishing terrorists and those who violent longstanding laws. >> military sources say as many as 20 detainees may be prosecuted at guantanamo and this week, alawaki, is scheduled to be arraigned. and while the military trials proceed the obama administration has sent no detainees to the camp. >> they think if they brought even one or two detainees to the island, they will get a lawyer, that's inconsistent with closing it. that's not inconsistent with closing it.

>> according to 2013 data, as many as one in three detainees are suspected of returning to the fight. spanish authorities arrested eight men allegedly linked to ooises. detainee 72, according to his pentagon file, he was considered high risk, but still transferred to spain in 2005 and after a complex legal battle, terrorism charges were thrown out. >> the decision to send khatallah to federal court is more evidence that president obama is determined to close the guantanamo detention camp. >> thank you. when we come back, the panel comes in a little early. we'll talk about the capture of the suspect in the benghazi terror attack. stay with us. really? what's wrong with trying new things? you feel that in your muscles? yeah...i do... drink water.

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khatallah has been charged for his role in the attacks on the facility in benghazi on september 11th, 2012. no u.s. personnel or civilians were injured in this operation. the united states has taken khatallah to a secure location outside libya. he will be brought to the united states to stand trial on a court of law. >> president obama approve the mission friday night we're told and then on sunday, special forces along with fbi agents

went to libya and managed to get abu khatallah, believed to be one of the ring leaders, one of people tied to the benghazi attack. he went down without a struggle we're told. what about this? 642 days after the attack. let's bring in our panel, steve hayes, mara lie ason, and charles krauthammer. >> well, they got the guy. i think that's important. the white house made it extremely clear he's not going to guantanamo. he's going to be tried in the united states. i think this really exists on a separate track to the controversy over benghazi which continues, you know, new cnn poll out today saying people are dissatisfactoried almost two-to-one about what they have heard, doesn't think that hillary clinton handled it well, and whether the obama administration has been honest

about it or not, also about 2 to 1. benghazi is controversial. it's a good thing. it's important to get people bho do harm to the united states. >> i think it's a good day. by all accounts, abu khatallah was involved. he was seen on video directing some of the fighters at the battle at the consulate. there are other people we need to get. i this think we should make it a pliert to get them soon. we should have i think had them before, but among them, mohammed jamal. we shouldn't be in any hurry to get abu khatallah to court. we should take as long as we can and as long as we want to interrogate him because of the intelligence he has, if he knows any of operational planning, could be important, could tell us more about the substance of the attack. >> a number of republicans, charles, came out, said they

were really concerned that he would be read his miranda rights sooner and that the intelligence mining, if you will, won't happen. what about being tried in civilian u.s. court? >> i think it's a mistake. not in principle, a mistake, but when you have a guy like him and you have ansar al-sharia still on the loose, threatening everybody, including americans. what's more important is intelligence, it trumps justice, justice tumps everything in domestic politics. in war, intelligence is more important. so you don't want to ever get give his guy his miranda rights. probably on the ship, they will not read him his my randall rights. they will put the ship in first gear. they may run out of gas halfway out of there, so it takes a week or a month to get there. why are we couldn't straining ourselves when you are to bring him to guantanamo, the purpose of which is to detain an

unlawful combat tant indefinitely to get all the intelligence you can and you try him either in civilian court or military. it's like the underwear bomber who was read his miranda rights early and we undoubtedly lost a lot of intelligence about operations in yemen. it's an unnecessary unforced error we should inflict on ourselves. >> he's on the video. there's a question about evidentiary gathering in this case and that the fbi took 18 days to get to benghazi. you wonder about the case in u.s. civilian court. >> right. apparently, one of reasons it took so long to get him is because they were building the case and they wanted to get it ready. i think it would be a really terrible thing for him to be tried and not convicted in a u.s. court, but i don't think that's the big concern. i don't think we have any indication right now that he's been read his miranda rights or

will be any time soon. >> and they won't say that. >> they won't say that. >> we should not ever read him his miranda rights because he has none. he's not an american. it's for americans, not unlawful combatants. >> the point is i think the u.s. is going to take the time they need to get what to get him. >> if they were taking their time building a case before getting him, i think that's a disgrace. >> when we come back, familiar scenes in the iraqi capital. we take you to the streets of baghdad. former secretary of state hillary clinton right here on set live. we're moving our company to new york state.

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>> the question is can they rally sunnis to the same flag. >> and that's the rub. many iraqis here just as advancing isis forces have carved off the north of the country, so the shia may settle for only defending the southern strongholds. most people stay off the streets. the markets are empty. there are no shoppers. the residents are afraid the deteriorating security system. they will save their money for fear the situation getting worse. >> contrast that with this

location. >> we used to have many things in storage. but all the stored goods have run out. >> thousands of shia are being recruited to fight isis and defend iraq's precious southern oil fields. the lifeblood of the nation. here's why. two weeks ago, moss mosul was a bustling city of the north. it's in the hands of militants so extreme that they have been shunned by al qaeda. after the recent mass murder of shia, they are recruiting sun nie so-called volunteers. the new rulers may soon declare it the capital of a terrorist caliphate. they may settle for control of the south and iraq's break up will be complete. the city of baghdad is

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welcome back to "special report." i am joined now by my colleague and host of on the record, greta van susteren. hello, greta. >> we are pleased to welcome to our set, former secretary of state, former new york senator, and former first lady, hillary

clinton. >> really quickly a word on the format. we have 30 minutes with secretary clinton. i'll start the questioning with seven minutes. followed by seven munns with greta. let's begin. add -- the focus is on benghazi and the capturing of ahmed khatallah. too isn't there a difference in this case in that abu khatallah was hiding in plain sieg, openly giving interviews to reporters? >> that is absolutely true, bret, that he was in a certain part of libya, and he was well protected, and to try to mountain operation such as was carried out successfully on sunday posed different challenges than the ones that our intelligence forces faced in trying to actually pinpoint bin laden and then carry out a

dangerous operation. but my point is that what we try to do in this country and i think what was made abundantly clear by this latest effort is we have an unwavering commitment to go after anyone, no matter how long it takes who is responsible for harming americans and everybody around the world who thinks about that, plans that, needs to know that will be the outcome. >> should khatallah be read his miranda rights and be tried in u.s. civilian court? >> i don't know what all the details about what the plans are. if you were president. >> if i were president and the fbi and the justice department and our law enforcement came and said we're finally ready, mr. or madam president to go and capture and detain this terrorist, and we have enough evidence to successfully prosecute him in our courts, which have proven very successful at prosecuting terrorists, i would say then i'm ready to give the order. >> i have some more specific