>> it is not something that >> none of this ever gets better for the administration and we have a long way to go yet. >> chris harwell, thank you, sir. >> you bet. >> fox news alert from cleveland, now. new details coming out of case of three ohio women kidnapped and held hostage inside a so-called house of horrors for a decade. according to a leaked police report, 32-year-old michelle knight, she was the oldest victim was beaten so badly inside the house that she will now need reconstructive surgery on her face. she is also the one who told investigators she was impregnant natalled up to five times but was then starved, she says, by her captor and punched in the stomach repeatedly until she miscarried each baby. gary teny live in cleveland how this is impacting this case it is considerable. garrett? >> yeah. megyn. adding to those horrific details, just hours ago, ohio's attorney general released from the d.n.a. test that they ran that aerial castro is, in fact, the father of amanda berry's 6-year-old daughter that certainly bolsters the case the prosecution has against castro, especially one of those rape charges that he is facing. meanwhile, the three women are continuing to adjust to life outside captivity. amanda and gina are back home with their families. amanda's aunt saying that she is laughing, smiling, telling jokes. however, the healing process has been much more difficult for michelle knight. she is back in the hospital. in addition to the reconstructive surgery on her face. she'd has lost hearing in one of her ears as a result of the beatings that she endured. hours ago she released a statement thanking the public for all their support saying she is in good spirits and she is hoping to return home soon. megyn? >> megyn: garrett, thank you. now we are told that the prosecutor will charge that man castro with aggravated murder for the death of those babies. he is said to have killed while they were in utero. we will talk about that in just a bit. that's a death penalty charge, folks. busy day with michelle malkin here in a moment with a growing attempt to smear the benghazi whistle blowers. we have also got a leaked report on the deceased boston bombing suspect tamerlan tsarnaev showing where he went overseas and who he talked to in the course of his radicalization. and the lawyer for george zimmerman just made a court request that could reveal a key part of the defense's case. he we will tell you about the unusual push in the zimmerman case just ahead. >> i left for the grocery store and i just felt like something was off. so i said and there has been a history of break-ins in that building. and i called previously about this house. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. >> megyn: well the debate over the benghazi investigation is absolutely exploding today with new revelations about changes to the message that the administration shared with america in the wake of those terror attacks that killed four americans last fall. now, you remember steve hayes broke this news on sunday. but nobody paid attention to him. because he is, you know, with the "weekly standard," right? vow to wait until abc news reports it to be real news.ere. we reported it all week. he got his hands on the original talking points and showed us all how they had been modified repeatedly at the behest of victoria newland the state department spokeswoman who was not satisfied with the references therein to al qaeda and islamic extremist and the warnings the cia provided about how dangerous benghazi had become. all scrubbed, scrubbed, scrubbed. so now abc reports on it and expands on it in john karl's defense he did a good job. so now it's news. people are getting a little nervous. you add to that the whistleblower testimony this week on capitol hill. those three state department employees taking an oath to tell the truth on what happened during that night of terror on september 11th that left four americans dead. and now they are coming under attack. gregory hicks, one of the main wednesdays may already be paying the price. he says he was reassigned after he questioned what susan rice told america on the sunday talk shows to a low level desk job. he did not believe what she told us and now we know he had cause for his concerns and now he has been demoted. our own james rosen presented the state department or pressed, i should say, the state department ahead of mr. hicks' testimony, listen to this exchange from monday. >> are greg hicks and mark thompson credible people? are they not long-standing career state department employees? are they credible? >> again, i'm not going to assess one individual or another. these are some folks who have said they are going to come out and tell a tore to congress and our message -- let me finish, let me finish. >> do they still work here. >> our message we have always encouraged state department employees who want to tell their personal story whether to the arb or congress to tell the truth. >> have they had distinguished careers, sir? >> again, i'm not in a place to assess their bios and work experience. these are people who work inside the state department. >> megyn: greg who? what? uncovering the extent of this campaign. michelle malkin is a columnist and fox news contributor. who? the guy who is the number two guy for us in libya? i can't comment on him. i can offer you no comment on his 30 years of service to the country. >> yeah. the dripping condescension of that state department slack makes me want to throw up. especially after these three, in particular greg hicks gave such moving detailed and comprehensive testimony about what they knew, what they saw. and what this administration didn't do. and i have to echo your kudos for stephan hayes and james rosen and the people who are not getting credit for being on the story and certainly you, megyn for telling the truth and now finally, finally, the dam has broken and everybody is on the case of the benghazi talking points etch sketch. >> megyn: john karl expanded on what steve hayes broke. he broke the story last sunday. it was like, no, i didn't hear it i don't know anything about the "weekly standard." he had it. he had the changes in the talking points, the state department interference, the white house role in saying get it done. listen to the state department. and all week long we have been pretending that didn't exist. not us. >> that's right. >> megyn: mainstream media now abc news has it. there is the story. now there is going to be the blow back even on nbc news this morning lisa myers was reported saying she is getting tons of calls from democrats who want to weigh in on the whistleblowers. in particular, gregory hicks saying he wasn't demoted, and all the response to demeanor push back on these whistles blowers is starting, michelle. >> yeah, that's right. this war on whistle blowers has been a hallmark of the obama bully brigades. i warned about it on wednesday morning before these hearings that the smear merchants were gearing up. i'm a little bit surprised but certainly pleased that someone like nbc's lisa myers is talking out of school and letting us know, in fact, that these democrats are not only phoning around who knows who behind the schemes and veteran journalists like herself is an indication of just how much damage was done by the testimony and hearing. >> megyn: anonymous state department official told james rosen that hicks and thompson two of the whistle blowers have axes to grind. dana milbank of the "the washington post" called the sworn statements a, quote: yarn. they accused one of the lawyers for the whistle blowers of lying. this is how it is going to go now michelle. they will try to attack the messengers. >> we certainly saw this passive aggressive game that many of the democrats on the house oversight reform committee were playing. on wednesday. very notable. this whole oh, we're your friends and if any retribution or retaliation comes to you, of course we will try to protect you. and then, of course, in the same breath they turn around and essentially accuse these people of lying. >> megyn: we saw it with jay christian adams. new black panther case. they said it about him. they have gone after sharyl attkisson at cbs news her bosses at politico. michelle, thank you for being here. steve hayes is here today in our next half hour. also breaking news in the washington. as the irs apologizes for targeting political conservative groups. wait until you hear this. >> we are tracking new developments on the boston bombing investigation as new details emerge now about the time tamerlan tsarnaev, the now dead terror suspect spent in russia. part of his radicalization. we don't know whether it was pre, post, during. we know he went there and there is still a lot of questions about what happened. our chief intelligence correspondent catherine herridge has been looking into that. she is live in washington with the latest. catherine. >> thank you, megyn and good afternoon. two sources familiar with the investigation tell fox news that there was email traffic between tamerlan tsarnaev and known canadian jihadist who traveled to russia in 2010. investigator believe there is a high probability the men met in dagestan and investigators are exploring whether the canadian provided military-style training to tamerlan. the canadian jihadist william, whose life as boxer and immigrant from russia bears striking similarities to tamerlan is under, quote, great scrut any fox is told. based on the investigation so far, there is evidence that tamerlan posted at least one video of plotnikov on his youtube page after his trip to russia last year. a leading democrat on the house intelligence committee believes it's possible tamerlan was radicalized as early as 2011. the same year of the fbi investigation into the 26-year-old found no evidence of terrorist activity. >> now, tsarnaev became radicalized in dagestan or radicalized even before he left the united states on that trip, we still want to determine. if there are connections between the two, that could be pretty telling. >> after yesterday's extraordinary testimony on capitol hill before the house homeland security committee, the boston cops nor massachusetts law enforcement were told by the fbi about the bureau's investigation into tamerlan in 2011. another senior lawmaker came to the fbi's defense. >> i just think it's too soon to say that bill. and, for this reason. think about what they did. they checked all the electronic footprint of this individual. they did interviews. they did data base checks. all database checks. after that investigation couldn't find any derogatory information. now, the fbi does operate within the confines of civil liberties protections. that's the right answer. >> and in response to these charges that the fbi did not adequately share information with boston cops or massachusetts law enforcement. they issued this two-page statement that essentially says that there is a data barracks boston cops have access to and that they're encouraged to check proactively so they got to look at the database and not just talk to it each other, megyn. that's the answer. >> megyn: that's great. that's like you have got -- >> -- email traffic. >> megyn: you have got breaking news. i have to search through all the breaking emails you don't want to come on and share with me. catherine, thank you. >> i would never do that. >> megyn: we know that thank goodness. thank you, ma'am. folks, take a look at these. these are live pictures coming in from virginia. the reason we are showing you these the choppers are over the cemetery where we are told that tamerlan tsarnaev was buried yesterday. you recall there was a big cure if you feel about whether they could get a cemetery to take his remains and dispose of the remains. you know, bury the remains. any in any event that's what we're told we are looking at here. hard to make it out. that's what we are told to. don't expect a lot of visitors there. just ahead, fox news catches up with a convicted cop killer. cathy bodine, we have been telling you about her. she is a one time member of the radical terrorist group the weather underground. after serving two plus decades in prison, because she admitted to murdering three people including two cops and a security officer. she was offered a job with columbia university. that's where she is now. and our own jesse watters of the o'reilly factor tracked her down. joining me in just a little bit, one of the survivors of her notorious attack on the exchange she had with jesse and the supposed regret she expressed for her crime. and, new questions over who is to blame for the deaths of some of america's most elite warriors in a helicopter crash two years ago. guys from seal team 6. their families suggest that the white house and others are lying about their deaths and what led to them. up next, one of the seal team six parents who are demanding answers. >> we go to see the bodies. we are in the hanger down there. and president obama comes up to me and he says mr. strange, he grabs me by the shoulders, michael changed the way america lives. i grabbed mr. president by the shoulders and i said: i don't need to know about my son. i need to know what happened. i don't make any decisions about who to hire without going to angie's list first. you'll find reviews on home repair to healthcare written by people just like you. with angie's list, i know who to call, and i know the results will be fantastic. angie's list -- reviews you can trust. >> megyn: fox news alert. new fallout in the story that broke in the last hour or two. the irs today is apologizing for specifically targeting conservative political groups in the runup in the 2012 presidential election. house oversight and government reform committee chairman darrell issa specifically asked for an investigation into this last summer. moments ago, he called the irs's actions unconscionable and vowed to hold the irs staffers responsible. we're going to have more on this breaking news in moments. >> megyn: navy seal team 6 after took out usama bin laden in may of 2011. the same unit suffered tragedy just three months later when a hospital carrying 30 american troops, most of them members of seal team 6 was blasted out of the sky by afghanistan. among the americans killed, sergeant patrick hamburger of the nebraska national guard. and navy seals michael strange and aaron vaughn. their families say now their deaths did not have to happen. in an emotional news conference at the national press club in washington yesterday, they blamed the obama administration for what they call serious missteps leading to their sons' deaths and they are pushing for a congressional investigation. >> the u.s. government and many high ranking military people own more credit for the shootdown than the taliban. political correctness, building the esteem of the afghans, leveling of the playing field, and failure by the obama administration to name the enemy and to accurately identified savage ideology our warriors are up against has made an otherwise primitive foe formidable. >> why was there no preassault family because preassault fire damages our efforts to win the hearts and mind of our enemy. so, in other words, the hearts and minds of our enemy are more valuable to this government than my son's blood. >> we go to dover to see the bodies, and we're all in hanger down there and president obama comes up to me and he says, mr. strange. he grabs me by the shoirldz shoulders, michael changed the way america lives; i grabbed mr. president by the shoulders and i said "i don't need to know about my son. i need to know what happened. >> megyn: wow. joining me now karen and billie vaughn, parents of aaron vaughn. karen and billy, thank you so much for being here. thank you for the service of your son for the sacrifice you have all made. let me start with you on this, karen. why do you believe this is anything other than a tragic accident? >> megyn, thank you, first, for allowing us to come on and tell our story. as we uncovered documentation that he we were given actually by the military from the investigation, from the full investigation of the crash, the more we read through the documentation, the more rewe'llized there were serious issues in front of us. we found out first of all that the men were fly flying on a plane built in the 1960's. they were not flying on aviation that's proper equipment. the aviation they train with. the mh 47s that they train with here in the united states the 160th special aviators. we found that they flew into the river valley unhe is securitied. this -- unescorted. according to testimony, in 400 missions two commanders said they had never done an operation like this. another thing that we learned is nobody could explain the importance of the mission why, when you send up a quick reactionary force is what the seals reaction was called that night when they flew in, that should only be done when he they're under very grave, serious circumstances because, according to military testimony, when a battle is underway, as was that night, three and a half hours of it, the entire valley was in a highenned state of alert. which means it's very dangerous to bring another crew in by chopper. that's the most vulnerable position warriors will ever find themselves in is in a helicopter. then we give them antiquated helicopter to fly in unescorted with no preassault fire. that's just a few. >> megyn: do you believe then that this was just an incompetence by our military, by our government or that this was something worse than incompetence? let me ask you that, billy. >> okay. i will tell you at this time our military's slogan or in the documents it's called relentless pursuit of the enemy. and i will tell you, i don't know where it came from, but it makes about as much sense in what it is referring to as the affordable healthcare act. karen told you there was no pre-assault fire. we had air weapons teams overhead. they will weren't allowed to fire. they sit there and watched their american brothers be slain, even after they were shot down. no one where the shots came from. the rfg's came from they did not fire back here again because of the rules of engagement. let me just say that i know there there will be military people who will come toward forward and tell you that the ch 47 is just fine. you need to look at the information we have. and we have talked to many retired generals who have said the ch-47 is a good airframe for what it was designed to do. it is not designed to go in in the middle of the dark as an assault machine. and that's what they used it for that night. >> megyn: let me ask you this. and i know you two have been forced to get intimately familiar with these terms and these protestor calls. forgive me because i am not as familiar as you are. -- they used the wrong helicopter. it wasn't necessary, it wasn't handled well or whether you think this is something greater? some sort of -- i know you said yesterday at the press conference you feel they put a target on your son's back. help us understand where you are going with these allegations. >> let me answer the target on the back part. as soon as joe biden announced it was a seal team who took out bin laden, within 24 hours my son called me and i rarely heard him ever sound afraid in his adult life. he said mom, his tone was extraordinarily serious. he said you need to wipe your social media clean. i mean you need to get everything off of it now. i said of course son, i will. he said what's wrong? he said mom, there is chatter and your life is in danger. our lives are in danger. so clean it up right now. the community was very unnerved by that unveiling. so, yes, the target got put on their back. and it got put on the backs of every group that would work with seal team 6 from that point forward. they actually confirmed karzai's immediate remarks that it was seal team 6 which raises a lot of questions. you asked about suspicions there are a lot of questions we have unanswered. and we don't want to get into conspiracy theories. but there are some staggering things that we have learned, such as the seven afghanis that were on the manifest that night were not the afghanis that died in other words, we found out they were switched out at the he very last minute in such a russia the manifest couldn't be changed, which is very very dangerous and very uncommon. >> you have a suspicion that perhaps there was some manipulation to get this particular helicopter because it was so heavily loaded with seal team six members who our own president acknowledged were behind the bin laden raid. >> megyn, at this time we're still learning a lot of things. and we actually learned some more information about what karen just telling you about that yesterday afternoon. after the press conference. somebody came forward. what i would like to say about yes, it's incompetence on the part of vice president joe biden and i will tell you what, the media has let this man get away with saying uncle joe's gaffes. youuncle joe's gaffes. this is not uncle joe and some see mile old grandfather. he is the second in command of the most powerful country in the world. he needs to take responsibility for the comments he makes and quit being given a pass. i would like to say something else. we don't want to tear down the military. our military men and women are risking, they volunteer to go off and fight we want to save the military. we want to save what's going on. the rules of engagement are leading to the unnecessary losses of our warriors. and we want to call on the american people because government is not correcting. this we have been working on this ever since our son died and government is doing nothing. they sympathize with the enemy. they sympathize with the ideology. we need american men and women. we need mothers and fathers to come forward who may even have similar circumstances like this where they have lost warriors. we american citizens are the ones that can change this. there is one thing that i would like. >> megyn: i have got to go but i thank you both so much. i'm sorry to cut you off. i wanted to tell the audience quickly the perng says they share in the grief of those who lost their loved ones this is a tragic lost. we will post their full statement on our web site. karen and billy thank you to both of you. god bless your son. we'll be right back. 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[ male announcer ] head & shoulders with old spice. fox news alert. the tax agency is apologizing today for unfairly targeting conservative political groups for additional reviews during the 2012 election. they admit they did it. jay seq. could you low is an attorney and counsel for the american center of law and justice. he represented 27 of the groups targeted by the agency. they admit they did it because you forced them to admit they did it. tell us how it started. >> it started with the number of -- what they call information requests coming into over 30 of these tea party groups and conservative organizations. and they came out fairly simultaneously. megyn, they asked for the list of the contributors who the donors were. who the members were. what the conversations they had with individuals. so all of this was going on in the form of what is called an information request. and when we got these, which, of course, was before the election as everything was heating up we sent back a series of letter briefs saying that the supreme court has already held that this information is not subject to inquiry. you don't give donor organizations. >> megyn: tax organizations and the irs is doing this under the as you businesses to see if you deserve to be tax exempt. >> they also acknowledge now, of course, that they were targeting groups that had the name tea party in it or patriot which, of course, is also unconstitutional whether a everybody needs to understand is we have been battling the irs. hinted the tea party investigations were not anyway partisan there was no partisan involvement whatsoever. of course now they come out and say well, they are north acknowledging the partisan. they will say it was targeted to individuals with those names. tea party groups. and that they mishandled it was handled incorrectly and they apologized. that's wonderful. i got about 1300 legal hours in these cases ayou can imagine you are a lawyer with this amount of cases the apology is wonderful i'm demanding that the irs close these others once out and get exemption letters immediately. darrell issa is calling for needs to happen. it's oversight here. they also were saying, by the way which was incorrect. it was one group of agents out of cincinnati. i will tell you that i have got letters. >> megyn: initiated by low level workers in cincinnati. >> first of all, these are internal rev service agents. not low level. signed off by group manager. i was an irs prosecutor. i worked for treasury. that's nonsense. by the way, megyn, i have got letters from california, cincinnati, the district of columbia, and on and it goes. it may have been coordinated by different offices. the idea of laying laying this this off at low level employees is ridiculous. we brought this to the commissioner's attention and finally getting result. what the irs did here is outrageous. >> megyn: now issa wants oversight and mitch mcconnell has called on the administration for government-wide review in response to what he says an irs admission of harassment. are we going to have somebody overseeing them quickly, jay, to make sure this doesn't happen to other groups? >> there needs to be government oversight why this happened. who let it happen. why it wasn't known by the top it was going on that they didn't stop it. >> megyn: jay, thank you, sir. >> thanks, megyn. >> megyn: possible break through how you can detect heart disease from your fingers? moments on good news for one of the victims. stay tuned. i don't want to pour over pie charts all day. i want to travel, and i want the income to do it. ishares incomes etfs. low cost and diversified. find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. >> megyn: fox news alert. a news conference about to get underway in the death of an olympic medalist. andrew simpson died after the america's cup sailboat he was racing flipped over yesterday on san francisco bay. trapping simpson underneath. terrible story. claudia cowan has an update live from san francisco. claudia? >> >> megyn, the big question here is why this expert sailor was trapped underwater for so long, at least 10 minutes. investigators with the coast guard and san francisco police department are looking at every possibility like whether he hit his head and became unconscious or maybe he got tangled up in the rigging. here's what we know. all 11 crew members on the artemis were tossed overboard yesterday afternoon. it was sunny and breezy. there was a small craft advisory in effect. some say the catamaran sponsored by the swedish toiling. off the water. if it rises too high the boat will flip. somehow andrew simpson became submenard underneath the boat and he died. a sailor since the age of 4. he was the team's strategist. he determined the best course given the weather conditions and relative to other boats in the race. a gold medalist in beijing and a hero in his native england, simpson had just moved his family to the bay area while he trained for sailboat racing's most please teenage just event. this isn't the first mishap either. the practice catamaran by the oracle racing team pitch forward last october. snapping the wing sail. everyone survived there. this is the second time that a sailor has perished during training for america's cup race. back in 1999 a spanish sailor died when he was hit in the head by a he is poof equipment. this latest tragedy prompting new concerns now about the design and stability of these high tech catamarans which can go very, very fast and whether safety is being sacrificed for speed. we are monitoring this press conference and he we have more on "studio b." >> megyn: breaking news in benghazi. in just moments as fox news learns of a new effort to hear from some of the whistle blowers now on capitol hill. these guys, we're told, from the cia. plus, we catch up with a convicted domestic terrorist and one of her victims. new round of whistle blowers may be getting ready to tell all on benghazi. brand new hour of "america live" i'm megyn kelly. welcome, everyone. we have seen developments in benghazi today on the investigation. including proof, i should say more proof that the talking points on the september 11th attack on our consulate were revised, repeatedly. with input in the state department and the white house. they were revised 12 times. zeroing in on the actions of the early hours following the deadly assault taken by then state department spokeswoman victoria nuland. we have been telling you about this all week. now we are learning more. the decision to scrub those talking points made initially drawn initially by the cia to he remove all references to al qaeda and other terrorist groups. and that's not all. our chief washington correspondent james rosen tracking all of this now and he joins us with the layest, james? >> megyn, good afternoon. that report by jonathan karl effectively builds on the work of steve hayes in the "weekly standard." you have got to read both. the standard reports today on an email from then cia director general david petraeus to cia's leann son to congress chip walters seen on the right of our screen september on saturday, september 15th. expressed frustration removal of all references to islamic terrorists or al qaeda from the weapon gaze talking points that cia had prepared just the day before. to date similar frustration has been voiced publicly chiefly by a paver whistle blowers from the state department who testified at the explosive house oversight committee hearing that was held this past wednesday. fox news has learned g.o.p. lawmakers and lawyers are now working to bring to the witness chair or perhaps to the news media several more benghazi whistle blowers including survivors of the attack who work for the central intelligence agency and who have begun exploring how best to get their stories out. >> >> there there are people coming -- reaching out from the cia. i have asked the state department yet again for the names of the survivors of benghazi. i'm going to go to the cia and ask them to make available the agents that were involved, the intelligence community protecting their identity so we can get the full flavor of what happened. >> today's abc news report alleges that then state department spokeswoman victoria nuland objected to the cia talking points noting how many warnings about the benghazi security situation the cia had produced prior to 9/11. the early cia draft newland wrote in an email to national security colleague could be abused by members of congress beat up state department for not paying attention to warnings. why would we want to feed that either. concerned. when newland objected to references of involvement al sharia prejudice the fbi's investigation nfc shot back email that the fbi hadn't objected to it. megyn? >> megyn: additional whistles blowers these from the cia consider coming forward, what are you hearing? what is the word on whether there is fear among some of these folks about reprisals against them professionally? there has been such a blow back already from some in the media and some in the administration on the whistle blowers we have seen come forward so far. it doesn't exactly encourage more to do it? >> you will recall, megyn, before we learned hot whistleblower witnesses from the state department would be. who was going to be testifying at that big hearing on wednesday, what we first heard from lawyers representing them was that witnesses from the state department but also from cia had received threats and intimidation from superiors both agencies the state department and cia. it's reasonable to believe that the whistle blowers who might now be in the works from the central intelligence agency have received similar threats. one other thing to add to this is that the democrats on the house oversight committee hearing that held that big hearing on wednesday, are now also agreeing we need to have testimony from ambassador pickerring and admiral mullen the two co-chairs of the review board who so far have declined to testify it will be interesting to see if the state department how now weighs in and says yes we too believe they should testify. >> megyn: thank you so much. >> thank you. >> authorized the issuance of subpoenas which will help in the information gathering former vice president dick cheney is urging them to include hillary clinton on the subpoena list for testimony. we'll see where that goes. today's reports showing that the white house did indeed have a hand in extensively rewriting the story of what happened in libya. before putting it -- that memo, the talking points memo in front of susan rice, back in november, white house press secretary jay carney said it was the intelligence community that prepared these talking points and the white house denied any involvement. they said neither the state department nor the white house was involved in this beyond changing one word. listen to this. >> what the house and state department have made clear that the single adjustment that was made to those talking points by either of those -- these two institutions were changing the word consulate to diplomatic facility because consulate was inaccurate. those talking points originated from the intelligence community. they reflected the ic's best assessments of what they thought had happened. >> megyn: that's just not true. i mean, abc, steve hayes, they have the memos. and the extinns tensive correspondence between the state department, representatives of the white house, meetings at the white house, on the talking points and how they should be changed. believe me, it was over more than just one word. we will show you that. james rosen sold you some. we will show you more when steve hayes joins me at 2:30 to talk about this in detail and we will show you what the truth is coming up right here. fox news alert on the alleged kidnapping rape and imprisonment of three women in cleveland for nearly a decade. our fox news reporter on the ground confirming that the oldest of the three victims michelle knight has now been released from hospital. she had been there since her rescue on monday. the other two victims have been able to return home already. rick leventhal live at the state department. rick? >> megyn, all three women obviously have a very difficult road ahead of them. michelle knight perhaps the most difficult. she may need reconstructive surgery and suffered hearing loss because of the repeated beatings she had at the hands allegedly of aerial castro. we have now also learned from the ohio attorney general that the d.n.a. test confirmed that was astro is the father of amanda berry's little girl, the 6-year-old girl that amanda berry was forced to deliver in a kiddy pool inside the house meanwhile we have other news of michelle knight who according to authorities was beaten repeatedly when she was pregnant five separate occasions and suffered miscarriages. d.a. may pursuing a vacated murder cases. just 15 months after she disappeared police say it was because they were unable to contact knight's mother to confirm the girl was still missing. we have learned about castro and what he apparently is telling authorities in captivity. wky glmplet cleveland he told investigators he was addicted to sex and couldn't control his impulses calling himself cold-blooded he gave detailed accounts of the abductions,including what the girls were wearing when he picked them up. police told wkyc that was astro was cocky in his interview and only remorse was getting caught. meanwhile, megyn, here on the street the fbi has concluded its search. they may be back but right now we have some work trucks here it looks like they are going to begin the process of boarding up castro's home. >> megyn: all right, rick. thank you. as you heard rick mention prosecutors plan to bringing a vacated murder charges against aerial castro. charges that could carry a death sentence. joining me now lmpleted is fox news legal analyst. you know what's interesting to me? you can charge the father for killing the baby in utero but you cannot charge the mother if she chooses to abort the same baby. one parent can terminate the pregnancy legally at the same point in the pregnancy but the other parent cannot. >> that's right. looking at the statute 2903.01, aggravated murder. unlawful termination because obviously if the mother terminates that's lawful. >> megyn: that's the key and she does to voluntarily which is different than having the father beat her. >> and now, of course, what she would have to do here is to take the stand, which would be obviously very, very difficult. take the stand and testify there will be no medical experts that are going -- what are the medical experts going to say? no bodies there to be shown. >> megyn: all based on her word. >> her word and her ability to take the stand and say castro did this to me, beat me, starved me, all of these things, four or five or how many ever times it. how many ever times she was beaten and lost those babies under the statute under ohio state law he could be looking at four to five counts of aggravated murder. >> megyn: that is a death penalty unlike the other things we have been looking at, that's a death penalty case. he goes in there, lis and what does he say in the other victim got pregnant and i let her have the baby. >> why would i have done that with michelle knight's alleged pregnancy. >> depends if the other women are able to testify. maybe they saw something or heard something. you don't know so he shallly on in the regulation. when prosecutor saying not just kidnapping but aggravated murder, i see it now. there was a case in 2009 where somebody was convicted in ohio of exactly this. he beat his girlfriend who didn't want an abortion. he beat her and got aggravated murder charge. he was not put to death but he got life in prison. >> megyn: are they better off trying this case right now in state court or federal court? right now it remains in state court. >> that's because so far they have not been able to show interstate connection. >> megyn: state lines. >> elizabeth smart taken from one state to the other. jaycee dugard one state to the other. then you have that interstate connection. the federal prosecutor, i would be looking for, was there a mailing that was done? was there something that involved doesn't even matter that they weren't brought fromne state to the other but was there some facilitation of interstate commerce? that then could get the feds involved. >> megyn: should it matter? should the people at home care. >> i always like federal court because it gives a longer sentence. if you have got an active prosecutor out there that's really looking at this ohio statute and by the way not all states have this aggravated murder statute for murder in you ter row. i'm thinking, no, i think the state is probably fine because you have got somebody here willing to go up to the plate. >> how likely is a jury? i know we are jumping ahead now. how likely is a jury to impose the death penalty on a charge that is based totally on just witness testimony? i mean, we know this is a bad man. s from sunday.g to establish but in terms of the actual beatings and starvation that allegedly resulted in the death of in utero babies? >> megyn, if you have all of these woman women coming up and taking the stand and saying i heard it, i witnessed it, i saw it, then i think a jury is going to take that and believe it. >> megyn: this guy at least should never see the light of day. >> oh, no, no, no. forget about the aggravated murder counts with all the kidnapping counts going consecutively. >> megyn: and the rape counts. >> exactly. each kidnapping count carries 15 to life. >> megyn: look at him with his head down, chewing on the collar of his prison jumpsuit they gave him. is he so shy now. he wants to protect his face and reputation from the cameras lis, thank you. >> you bet. >> megyn: tracking a desperate search for 500 pounds of explosives that just vanished and questions over whether the theft of these explosives, that's what we believe it is terror-related. these just ahead. plus, fox news tracked down the convicted cop killer, she admitted she did it and domestic terrorist who is today teaching at columbia university. you will hear from her directly and then you will hear from the cop who she almost killed in addition to the three others who he she did kill. three minutes away. >> well, i think it's a positive thing for someone to come and go through a situation like she has been through. it makes something positive out of it. >> i don't think they should be mad at her. they should be mad at the justice department. the criminal justice system sentenced her. she did that time. >> god teaches to forgive. >> so you are a forgiving guy you? are going to let that slide. >> i'm sure there is a reason why we hired her. who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ >> megyn: got a follow-up for you now on a story we have been tracking on "america live" as fox news cameras catch up with a convicted and admitted cop killer and domestic terrorist who is now teaching at columbia university. her name is kathy boudin, in 1981 she belonged to the radical domestic terrorist group the weather underground co-founded by bill ayers. they robbed and armored car in new york state, brinks car. in the process she and her cohorts killed three men. two police officers and a security guard. today, after serving 22 years in jail, cota boudin has this columbia university job where fox news own jesse watters managed to confront her. >> we just wanted to know if you said anything that the victims' families. >> excuse me. >> yes. >> can't be in here. >> we would like to ask the professor. >> news reporter. >> you have considered donating -- >> social work. >> any of the victims families? >> excuse me. you can't be in here. >> police are carting her off. what's your location? >> school of social work. >> i actually have a letter here from michael page. [radio traffic] >> i have nothing but regret. >> attempted to lead a life that would express that remorse and that regret. >> among boudin's victims were security guard page and grady and waverly brown. and joining me now, a former police detective who was wounded in that 1981 attack. retired new york police detective. detective, good to see you. >> good to see you. >> boudin was part of the group that shot you. >> that's correct. >> megyn: can you hear her saying she has nothing but regret. she is attempting to live a life that would express that remorse and regret. do you believe that? >> no. i don't. she is preaching at a law class at nyu recently as you saw about getting her husband and other co-defendants out early. some of them have 75 year to life sentences unone of which is her husband david gilbert. and she. >> megyn: has she ever apologized to you and reached out to you in any way. >> not at all. she has been on run 1969 bombing of a greenwich village in new york. she was underground until '81 when this brinks robbery took place. she tried to run the scene that and was apprehended by off duty correction officers from rikers island michael koch. >> we spoke with michael page who is the son-in-law of peter page who her group killed. and he said no, she has never apologized to us either. she hasn't apologized to any of the victims for crimes that she pleaded guilty to. no we she was there and that her group killed three law enforcement officers. you mentioned the -- so she teaches at columbia now but she gave remarks at nyu recently. and you mentioned the content of those remarks. did she say i want to reach out to detective key than? did she say i want to offer a public apology now to the family of peter page? not exactly. here is what she did say. listen. >> i want to also talk about the people that are still in prison and not here and remember them. people david gilbert. judy clark. dinga. roselyn smith so many other people that are not here we want them here with us and hopefully some day they will be. >> megyn: the people who are still in prison. who is she talking about? >> her husband david gilbert and several other co-defendants that she is on a soapbox at these two colleges to try to accomplish her mission by swaying the young students there that weren't even born when these crimes took place. and her radical views are still the same as they were in the 1960's. >> megyn: she has a lot of empathy for the people in jail for their crimes and their murders. not so much for the victims and the families of their victims. take us back to that day. i mean, because some would have us believe bill ayers recently came out and said we were all about property damage. that's what the weather underground was all about. property damage, not killing anybody. >> well, on that day we had a road block set up at the two entrances. and based on a description that had been put out on the police radio, we stopped the u-haul truck which was described as being a get away vehicle after a switch of vehicles had taken place a short distance from the manuette mall where the robbery took place. a college student happened to see the switch, armed people getting into the back of this u-haul truck. based on that we set up a road block and they come out shooting with m-16 fully automatic with 50 round banana clip and other various automatic weapons. and sergeant o'grady engaged in fire with them as i did. officer brown was shot immediately and never got off a shot. officer lennon was pinned down inside of a police car. returned fire with both shotgun and his pistol. the car was totaled by the shots that were fired at that and also it was rammed by the u-haul truck. someone got back into the u-haul. >> megyn: she was the get away driver? >> that's correct. >> megyn: when you are the get away driver and triple murder is committed you are also a murderer and that's why she pleaded guilty to murder. >> that's what they call felony murder. >> megyn: arguing on politics of parole and reentry well suited. >> up until recently i had no comments about her. she served her time and you know, the law, i abide by the law. >> megyn: yeah. you do. thank you for that you do and you enforce it. detective, thank you. up next, a new test for heart disease based on your fingers? can your fingers tell you whether you are going to die of a heart attack. update in george zimmerman's case. [ male announcer ] this is kevin. to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. that was okay, but after lunch my knee started to hurt again, and now i gotta take more pills. ♪ yup another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] this may, buy aleve and help those in need. makes it easy for ann to manage her finances when she's on the go. even when she's not going anywhere. citi tablet apps. easier banking. standard at citibank. helps him deposit his checks. jay also like it when mother nature helps him wash his car. mother nature's cool like that. citibank mobile check deposit. easier banking. standard at citibank. >> megyn: fox news alert. getting reports now that washington is watching libya today with concern because the security situation there is going down hill fast. fox news learning now that two elite military units are on stand by, ready to move into libya and evacuate americans should the situation worsen. first, specialized marine unit in spain is in the erocess of repositioning to libya. special ops unit in germany has been put on heightened alert. comes after protester began rioting in the capital of tripoli on sunday two weeks after armed militias took over government building. also learning that u.s. and british embassies there have both cut back on nonessential staff. more on that as we get it. >> get back to benghazi in a moment as steve hayes joins me in a moment. we want to bring you this important health update for you now because heart disease is the number one killer in this country and there is a new test that they say is quite promising. that utilizes your fingers to try to predict whether you could be dying of a heart attack in years, years, years to come. dr. kevin campbell is a practicing cardiologist and assistant professor of medicine at the university of north carolina. doc, welcome to the program. how you can tell from our fingers whether we're going to have a heart attack years from now? >> this new technology is called endo path. what it does is measure the function of the linings of our blood vessels. it's called the endo thee yum. when it does not function properly. blood flow becomes erratic and clots can form causing heart attacks. we can test the endothelium in the finger tips. >> megyn: they take a blood pressure cuff and put it on one arm and make it really tight and then what do they do? >> so what we do is remeasure through the finger tip puls arterial. >> megyn: no, you have got to put it in terms we nondoctors can understand. >> we measure the blood flow in the finger tips. >> megyn: i guess get that. >> how strong the blood flow in the finger tips is when the blood pressure cuff is up. we release the cuff and measure how quickly the blood flow returns to normal levels. that's the job of the endo thelium or the lining of the blood vessel that works well. >> megyn: once you take the cuff off, do you want to see the blood flow go back into the fingers quickly? what's going to tell if i'm going to have heart disease. >> if it does not return quickly, the ability of the blood to move not fingers is not normal. you have distongues of the lining of the blood vessel. that can result in significant heart problems down the road, up to seven years. >> megyn: how, if i get that result and can you get that if you are sort of a thin, good eater, you know, regular exerciser. this is something that you might still have a problem with correct? and if do you, then what you do? >> i think what you do then is you make sure that you see your cardiologist and you engage in activities that reduce your risk. make sure you know what your cholesterol is. make sure you don't smoke. if you tonight eat well, eat well. make sure you treat diabetes if you have it. it's essential will-to-really get after prevention if you have an abnormal test of this sort. >> megyn: how you can go get this test? do you have to go see a cardiologist? >> mostly you have to see a cardiologist. this technology is not widespread. it's relatively new. there is over 100 clinical trials that have been done showing it's good at predicting people at risk. start with your primary care physician and get referral to a cardiologist who uses this test. >> megyn: isn't there already some blood test that you can do that tells you how efficient your vessels are looks for particles in your blood vessels? i don't remember. some cardiologist was telling me about it. blood test, is that the sa >> it's very, very different. there are tests that measure markers in the blood or substances in the blood that show inflammation. inflammation is related to heart attack risk. this is very different. this is actually showing the function of the lining of the blood vessels. it's very novel. you know, women, in particular need to think about this test. women are under treated and under served when this comes to heart disease. and if we're able to identify women at risk with this test, we can prevent sudden death in women. >> megyn: give doctors a call and ask if they can do the test. what is the name of the test? what do we ask for. >> it's called endo pat. that's the name of the test. find it on the web. and it's very, very easy to do. it doesn't hurt. it takes about 15 minutes. >> megyn: thank you so much. and thank you for all good help you provided heart pashts of america. >> thank you, ma'am. >> endo pat. i kind of want to do it. i would like to he know. you want to know but then you don't want to know but then do you want to know. breaking news in moments on these new documents showing that this administration did try to re-shape the message on what happened in benghazi on 9/11 of last year. one of the reporters who first broke this story, steve hayes, is clear three minutes to away what he broke on sunday with what we learned today and compare it to the gration. i played it only may one change the word consulate. that's it. really? we're going to go through memos with steve hayes after the break. with roughly a month to go before george zimmerman's trial starts his lawyer has just made a request to the court that could reveal a key part of the case. we will show you what he is asking for, how it may involve a little field trip for the jury and why. >> my firearm on my right side hip, my jacket moved up. and he saw -- i feel like he saw it he looked at it and he said you are going to die tonight mother [bleep]. [ male announcer ] running out of steam? ♪ now you can give yourself a kick in the rear! v8 v-fusion plus energy. natural energy from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle. >> i obviously was on the road all of last week and so i didn't see the hearings, but i followed them and i'm getting a summary report of everything that's taken place. what i have seen thus far, i have to tell you, after all of the hearings that i took part in as chairman of the foreign relations committee, all of the briefings that i took part in, many of which were classified, i really haven't learned anything new. >> megyn: really? that was secretary of state john kerry remarking on the benghazi investigation moments ago during online chat today. those remarks come the same day as brand new reports reveal that the administration message, those infamous talking points on the deadly consulate attack were revised 12 times, all right. keep that number in mind. they were revised 12 times before they were handed over to ambassador susan rice to share with the country on the sunday talk shows. what's more, these changes were made as the white house and the state department were trading emails with the intel community over what the ultimate talking points handed to susan rice should say. but that is not the story the white house press secretary jay carney told us last november. >> what the white house and state department have made clear that the single adjustment that was made to those talking points by either of these two institutions were changing the word consulate to diplomatic facility because consulate was inaccurate. those talking points originated from intelligence community. they reflected the ic's best assessments of when they thought had happened. >> megyn: joining me now steve hayes, of "the weekly standard," a fox news contributor who was the first reporter to break the news of these edits and today a follow-up report by jonathan karl of abc news which is also excellent reporting. but yours largely overshadowed for reasons all of our viewers understand about how some folks who are right leaning and right for conservative leaning publications like "the weekly standard" get ignored when they break huge news and yet now that it's out with abc, everybody is in a scramble. in any event, i tip my hat to you and john karl and i want to ask you about that quote. jay carney, the single quote. the single change that the state department and the white house made. they have made clear, one change and that was consulate to diplomatic facility. that's just not true. >> well, there are two possibilities here. one, what jay carney is saying is demonstrably saying is false if he means it in sort of a broadway or, two. he could be engaged in the kind of cairful language, careful phrasing that we have seen in scan tells of the past. so, it's possible that jay carney meant literally that people at the white house or the state department did not actually make the changes. and based on everything i have seen, wasted on my reporting, looking at internal white house emails, looking at the talking points, it does seem as if somebody at the cia probably deputy director of cia mike more relevant is the person who actually physically input the changes. >> megyn: come on. >> i'm not kidding. i think it's possibly -- >> megyn: who was at the laptop computer actually making the changes? the question all along is who was behind it. >> i think this may be the level of sort of careful phrasing that we have now reached as this scandal really begins to boil. i mean, look, you have had ron forna point out something in a column today about this entire episode in which he he looked at some words jay carney used yesterday where he said jay carney said nobody has made changes here at this white house. forney wondered whether carney is drawing a circle of protection around the white house and leaving the state department and perhaps the cia to fend for itself. meg peg we certainly heard him saying no one at the white house or the state department last november made any changes except for one from consulate to diplomatic facility. let's take the viewers through the chronology. i have a lot of things i want to get through with you. i tried to put together the chronology dr. your report of what went down. let's pop up the first one. this is the cia initial draft. steve hayes reporting in the weekly journal last weekend. cia's initial draft. it talked about this attack being linked to islamic extremist. on sar al sharia and a need for jihad. and warned and reminded them that at least five other recent attacks had taken place in benghazi. victoria nuland of the state department responds, according to your reporting that the state department has serious concerns with that draft of the talking points. pointing out that congress will use them to, quote: beat up the state department for not paying attention to warnings. so, what happens next? pop up the second one. watch it cia's next draft comes. all right. they delete the references to on sar al sharia this al qaeda off shoot. new land writes back the changes did not resolve all of my issues or those of my building leadership. next you see the white house weighing in saying the state department concerns must be taken into account and then they had a big meeting the next morning, steve. and where did they have it? >> yeah. this big meeting was something called a sivits some sit in on secure video conference and others gather physically at the white house or wherever they choose to have the meeting. they discuss at some length, we're given to learn that they were looking at these talking points. that was the subject of the meeting. they talked about how they could coordinate the story. and what they were going to say coming out of the meeting. this was still during the revision process, remember, the cia started the revisions a little before noon on friday, september 149. and the final revisions after they have gone around internally at the cia, then a little more broadly in the intelligence community and finally, in this interagency process that involved policymakers at the state department at the white house and elsewhere, emerge a little afternoon on saturday morning. >> megyn: at the white house? >> september 15th. after this key white house meeting and that's where they look totally different than what we had seen just 24 hours earlier. >> megyn: let's show a little. let's put up the first full screen. the cia did a first version and second version and then they did the third version, now we know they did 12 from jonathan karl's reporting. look at the version between 2 and 3. we have highlighted and then black lines through the words. that got taken out after victoria nuland at the state department was saying how concerned she was. all of that gets wiped and scrubbed. and then you can see the shortened version of number 3. take a look at full screen number 2 some of the terms that got taken out. what got taken out, jihadist, islamic extremist, threat of extremist link of al qaeda benghazi. concerns that previous surveillance had taken place of the consulate in benghazi. that all got removed and that, steve is now what we believe led susan rice to go out on the sunday talk shows and say don't know anything about terrorism but they were very upset over a video and that's what led to the protest. >> yeah, at least in parts that's what led susan rice to make those claims. i think she had to go quite a bit beyond those initial talking points or those final talking points because frankly there wasn't much information. so she had to go well beyond what was in those talking points and sell a different story. let me go back and just be very precise and fair to the white house on this. you know, when we are talking about 12 different revisions and 12 different drafts, it should be said some of those drafts took place within the cia. the early drafts took place within the cia and at times the cia itself took out language that was somewhat forward-leaning. there was one time where the initial description of the attackers in benghazi was islamic extremists with tyes to al qaeda. and the cia actually took out the phrase "with ties to al qaeda." >> megyn: i want to get this in because we are up against a hard break. the original talking points from the cia. this is the third full screen is we believe, based on the currently available information that the attacks on benghazi were spontaneously inspired by the protests at the embassy in cairo. i mean, they are going to point to that and say this was about spontaneous protests just not at benghazi. quick last word because we are up against a hard break. >> that is exactly what the white house will say. it was in the original cia talking points. the white house can point to that. i think the cia put it in because the cia had offered warnings about demonstrations potentially violent ones at the embassy on cairo on september 10th. >> megyn: doesn't explain why they were so determined to down play the terror angle. >>. no. >> megyn: kelly's court on zimmerman is next. i'm a conservative investor. i invest in what i know. i turned 65 last week. i'm getting married. planning a life. there are risks, sure. but, there's no reward without it. i want to be prepared for the long haul. i see a world bursting with opportunities. india, china, brazil, ishares, small-caps, large-caps, ishares. industrials. low cost. every dollar counts. ishares. income. dividends. bonds. i like bonds. ishares. commodities. diversification. choices. my own ideas. ishares. i want to use the same stuff the big guys use. ishares. 9 out of 10 large, professional investors choose ishares for their etfs. introducing the ishares core, etfs for the heart of your portfolio. taefficient and low cost building blocks to help you keep more of what you earn. 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filed three requests with the court. one, he wants the judge to allow jurors to visit the crime scene. two, he wants the jury to be anonymous and sequestered. and, three, he wants zimmerman's wife shelly to answer questions in a pre-trial deposition. let's start with the field trip as i have been calling it trying to get the jury to go out and visit the crime scene. faith, let me ask you. is that a good idea? >> kelly, either side can request a jury view and that means to take the jury out of the courtroom and go to the actual scene of the crime as you just mentioned. here in this case the judge is going to look for special circumstances. and i think o'mara is going to argue, listen, the movements of trayvon martin and george zimmerman, that night are absolutely critical to this case. and we can't present it well enough through a map or diagram. we need the jurors to actually go out to the scene and walk them through the steps. i don't think it's a bad idea in a case like this where time, space, and distance are absolutely critical. >> megyn: but zimmerman has already gone to the crime scene with investigators before tom. and he walked them through. we have got videotape of him doing it and so is there risk to the defense in having if they go out there and they have zimmerman do this a second time, the prosecution is going to go through this, you know, line by line and say what you said to this jury was inconsistent with what you said here on this videotape and so on. >> there is a risk of inconsistencies being brought out based on what zimmerman said before on this prior tour. the other risk is and that's why a lot of judges don't like to do. this again, we are not talking about the attorneys being able to visit the crime scene. they have done that. they can do that they can do it as many times as they would like. they are talking about busing in the jurors. i think there is two risks to zimmerman doing that first, the idea that at the same time they are making this request they are trying to protect the jury -- the jurors and their identity and anonymity from media circus surely to descend on this trial. what happens when you bus them all out to the crime scene? i mean, there is going to be media everywhere. secondly, you don't want the jurors -- the jurors are fact finders. you don't want them to become witnesses themselves. the way the crime scene may look on the date and time that they are taking to see it may have nothing to do with the way it looked on the evening in question. >> megyn: right. when it was dark. >> the weather. all sorts of conditions may have changed. that's the risk. >> megyn: yet, it's the defense that wants this. not the prosecution. we will see what the prosecution has an objection. as i mentioned, they also want the jury to we understand sequester. they want to be sequestered and they don't get to go home. they have to stay in the hotel and basically away from all media and soen o they want them to remain anonymous and they wanted to pose the defendant's -- depose the defendant's wife which is unusual given spousal privilege. we will pick up with those after the break. ve heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. >> megyn: what is an anonymous jury? >> means no one knows who these jurors or. >> and they want to do this because this case has all the hallmarks of a mega trial. people will be clam you'ring to talk to these individual they want to keep the jury pool fair and impartial from the beginning of the process through the end. i think the state should agree. >> in your normal case you have juror number one and two, how are they anymore anonymous after being declared an anonymous jury, than in your normal trial in. >> it's a procedure that the state takes to protect identity. if you look in florida, the anthony case, you had a sequestered jury but information was leaked out. >> megyn: let me move on. they want to depose shelly zimmerman, the wife of the defendant. normally there's spousal privilege. faith, is the prosecution likely to get its way? >> i think they are. shelly zimmerman was in a depression where she pulled the plug 20 minutes in and say i am invoguing my fifth amendment right. the problem here ills the defense listed shelly zimmerman in their case. spousal pri does not apply if you're going to testify. >> if the defendant's spousal privilege, it's his to invoke or waive. if they're going to call her as a witness, that could announce a waiver, and florida has pretrial depressions in a criminal case in new york we'd love to have that but doesn't exist. >> we'll be right back. >> megyn: not too often you see conservative guys succeed in the sculpting world but bob has an exhibit? new york city featuring sclupted babies in chains. it's a comment on the impact our nation's debt is having on our children. some found it too controversial to display or too on point. thanks for watching. "studio b" starts right now. >> in the eye of the beholder. the news begins anew here. big developments after the massive and deadly explosion at a fertilizer plant in west, texas, and now officials set to launch a criminal investigation into that blast. for the white house and the state department, edits to the talking points on the terror attack in benghazi, libya may have been a lot more extensive than we previously thought. we'll talk with chris wallace coming up. >> plus, an i