Correspondent Jennifer Griffin at the pentagon. And details of what had been a highly classified mission to rescue american hostages. Good evening, jennifer. Good evening, chris. Thats right. The mission had been topsecret until it leaked out yesterday. Now weve learned the rescue attempt took place over the july 4th time frame, a mix of Tier One Special operators launched a Daring Mission that ultimately failed. Senior military Officials Say multiple helicopters covered by u. S. Jet fighters and Surveillance Drones overhead flew in from an undisclosed neighboring country, dropping the special operators near an isis compound in eastern syria, in the town of raka, an isis strong hold. Chuck hagel said he regretted the Mission Failed giving this assessment of foleys captors. They marry ideology, a sophistication of strategic and tactical military prowess. They are tremendously well funded. This is beyond anything that weve seen. Reporter the american hostages were not at the compound when the special Operations Team arrived. They appeared to have been there days before. Thats when the u. S. Team after extracting information at the compound decided to look for the missing americans. They moved to a second compound where a fire fight ensued leaving several isis militants dead. One u. S. Aviator suffered a nonlifethreatening injury. This operation, by the way, was a flawless operation. But the hostages were not there. Reporter the marvged executioner was british. Iraqs ambassador to the u. S. Said hes one of 1,000 european ju hadists fighting with isis in iraq and syria. They are jihadists. Others said before, this is a jihadist destination. Reporter european governments allegedly paid large ransoms for other hostages who were released this spring. Those hostages gave u. S. Intelligence leads about where foley and the others were being held in eastern syria. Foleys employer said isis asked for 100 million euros, or 132 million in exchange for foley. The u. S. Refused to pay. Ultimately the company paid private security firms millions in an attempt to find him. We had all of the appropriate communication you can imagine. But we hoped that they would listen. The situation changed when the bombing began. Reporter the u. S. Carried out another six air strikes against isis targets in iraq today, according to u. S. Central command. There are at least three more americans being held by isis right now, chris. Jennifer, there was some other news at the pentagon today. What can you tell us about a Government AccountabilityOffice Report on the gitmo prison swap that led to the release of Army SergeantBowe Bergdahl . Today the nonpartisan gao said the pentagon broke the law when they used u. S. Money to swap five taliban prisoners for Sergeant Bergdahl. The failure to notify congress at least 30 days in advance was also a violation, according to the new report. Press secretary rear admiral john kirby told fox tonight, quote, the operation to retrieve Sergeant Bergdahl was lawfully conducted, adding the Justice Department agrees. Chris . Jennifer griffin reporting from the pentagon. Jennifer, thanks for that. Now, to the payback. The Justice Department will run a criminal investigation. Just as its doing in benghazi. But there are other options on the table. Chief intelligence correspondent katherine harage runs it down for us. Reporter as battle hardened jihadists threatens more american hostages, the nations top Law Enforcement officers said the administration will bring journalist james foleys killers to account. The Justice Department is actively pursuing justice in this case. We have an open criminal investigation. Reporter the fbi director said the bureau opened a file on foley when he was kidnapped two years ago, and the murder changed the focus. Im very, very sorry to say that these savages have turned it into a homicide investigation. Well stay on it, work with our Law Enforcement, our intelligence and military partners to try to bring justice to the foley family. Reporter and there was strong news that the use of lethal force was in play. Those who would perpetrate such acts must understand that we will not forget what happened, and people will be held accountable, one way or the other. Reporter prosecuting terrorists is the same strategy holder employed for the benghazi attack. One suspect was brought to a federal court. And he was asked about the strength of the evidence. Asked whether the state department had assurances that federal investigators would be allowed into syria, to collect evidence and question witnesses, a spokeswoman offered no specifics. Obviously there will be a criminal investigation as there always is when theres an american death overseas as the fbi can speak to. Theres also an ongoing Intelligence Community focused on this. To determine who may have been responsible. Reporter a journalist held with foley and released in april told french tv that the 40yearold was singled out for beatings because he was an american whose brother served in the military, adding that he recalled one captor with an english accent. Britain has between 500 and 600 uk citizens, have joined to fight the jihad in syria. That is a very troubling number. And thats just one country. As part of the investigation, the fbis working closely with britains mi5 to match the voice print of the executioner on the video with recordings of known individuals. A u. S. Official said tonight american investigators were urgently attempting to identify and capture him, chris. Katherine, thank you. President obama is taking criticism tonight not only for what he said about the foley execution, but when he said it, and even what he did after he said it. Senior White House Foreign Affairs correspondent wendall goaler is probably with the president on Marthas Vineyard tonight. May god bless and keep jims memory and god bless america. Reporter the statement about james foley was quickly judged wanting by his critics. He gave a very moving statement about mr. Foley. We were all touched. And then, what . He said we have to contain isis. Were not going to contain isis. We have to defeat isis. Reporter john mccain said that means going after isis in syria, something the president said he wouldnt do, though the Foley Rescue Mission took place in syria. The first u. S. Boots on the ground in that war. Mr. Obamas decision to go golfing right after the statement contrasted with Prime MinisterDavid Camerons decision to interrupt his vacation, leaving former Clinton Administration pollster whitman uncomfortable. I dont debate he deserves a vacation. But the optics actually looked pretty bad. Reporter others criticize mr. Obama for speaking at the same time foleys parents were talking to the press. And for releasing even limited details of the failed rescue mission. It tells people what we tried to do. Number two, an admission of failure. And number three, whoever it was we relied upon, whoever gave us the tip, is now in jeopardy from the Islamic State and may well be dead already. Reporter yet several isis fighters were killed in the mission so the group was certainly aware of it. Administration Officials Say several news organizations had gotten information about it. I have no idea who provided it. We were forced at that point to acknowledge it, given they were many of the outlets were going to run stories one way or the other. Reporter mr. Obama did promise foleys murder will not be forgotten. The u. S. Has a long reach, and as osama bin ladens killing showed, a long memory as well, as eric holder put it. Isis targets continued. 14 on wednesday. More today. But lawmakers on capitol hill remain divided over additional military involvement with some democrats warning against missions in iraq and few supporting an intervention in syria. There has already been some mission creep. The president initially ordertr humanitarian aid and fighters to protect refugees. Now fighters are creating space for its new government. More on all this, with the panel, wendall goeler, traveling with the president. Wendall, thanks for that. Claims of bias on both sides in ferguson, missouri. First, heres what some of our fox affiliates around the country are covering tonight. Fox 25 in boston with a guilty plea from a College Friend of Boston Marathon bombing suspect sarnia. He removed a laptop computer, and empty fireworks canisters from his dorm room after the bombing. And the return of a military search and rescue unit, called the blue hawks, part of their mission was to search for that missing malaysian airplane that disappeared last march. This is a live look at new york from fox 5 there. One of the big stories tonight, a fire hydrant that makes more money than the average american. Its a local legend and not in a good way. Its near a tempting parking spot and the sign warning against parking there is in chinese. It rang up 33,000 in fines in just one year. Thats tonights live look outside the beltway from the special report. Well be right back. A. Headlines from ferguson, missouri. National guard troops are going home. But the controversial county prosecutor insists hes not going anywhere. Attorney general holder has come and gone but not without igniting talk of a prosecutorial double standard. Correspondent mike tobin has the latest from ferguson. Reporter demonstrators in ferguson are largely unaware of or unimpressed by the visit of u. S. Attorney general eric holder. He gets a dminus on his trip to st. Louis. Reporter he attempted to reassure the black community that things will get better. As i indicated to them, i think this is a tragedy, out of it comes a great opportunity for reforming that community. Reporter while in ferguson, holder told students when he was a young lawyer he was stopped on the new jersey turnpike by police and forced out of his car. The car searched. He says he was a victim of racial profiling, humiliated by police. He promises his investigation of the police will be fair. Black leaders in ferguson held a press Conference Announcing their petition with 70,000 signatures demanding that county prosecutor Bob Mccullough be removed from the case because he comes from a Law Enforcement family. His father, a trooper, was killed by a black man in 1964. Therefore, they claim he cannot be objective. Worldwide, people have made a statement to Bob Mccullough that they have no confidence in his ability to be fair and impartial. Reporter mccullough issued a statement, i have no intention of walking away from the responsibilities and duties entrusted to me by the people of this community. Additionally, there is no basis in the law to do so. Their demands also include the immediate firing of officer darren wilson, the removal of police chief jackson and mayor knowles. Today there is hope that chaos in the street rounded a corner. Hes not taking small steps. Sometime those small steps are hard to see. But small steps turn into big steps. Weve been taking small steps every night. Behind me are some of the guardsmen who will soon be leaving ferguson. Its always been security here at the command post. They were never part of the crowd control down at the demonstration. The very fact they were here, enhanced a notion of a militarized state. Mike tobin reporting from ferguson. Mike, thank you. A federal judge has ordered the Justice Department to provide congress with a list of documents it refuses to release in the failed gunrunning program known as operation fast furious. The Obama Administration has claimed executive privilege and attorney general eric holder was found in contempt of congress. Justice has until october 1st to produce that list. Bob mcdonald talked about the rocky state of his marriage during todays testimony in his and his wifes trial on corruption charges. That kind of personal anguish is part of the defense strategy. Reporter on his way into court today, former republican governor bob mcdonald revealed none of the personal heart ache he was about to describe for the jury. Got a marvelous family. Reporter in court, mcdonald spoke of a marriage in crisis. Describing a letter he wrote to his wife, maureen, in 2011, that said, quote, you are my soul mate. I am sorry for all the times i have not been there for you. And have done things to hurt you. But i am completely at a loss as to how to handle the fiery anger and hate from you. Mcdonalds legal team has maintained it was mainly maureen who was accepting more than 165,000 in gifts and loans from wealthy virginia businessman johnny williams. And moreover, that the mcdonalds could not have conspired to accept williams largesse in return for political favors, because husband and wife were barely speaking. Youre seeing this politician on the stand having to walk this tight rope between selling out his wife, ultimately thats what hes doing, and still maintaining some sympathy with the jury so they dont think hes a jerk for doing so. Reporter he also told the jury he had dinner with williams and hosted an event for his company at the Governors Mansion because mcdonald thought it could possibly, quote, create some jobs. Mcdonalds attorney asked him in court, quote, did mr. Williams ask you to do anything for him . No, said mcdonald. But heather san sen said the prosecution is likely to tell the jury that williams did get special access, because of his donations and gifts. Gifts including 15,000 for mcdonalds daughters wedding reception. Molly, thank you. Bank of america will pay almost 17 billion to settle up with the Justice Department over its role in the sale of mortgagebacked securities in the runup to the 2008 financial crisis. Its the largest deal over the meltdown so far. Stocks were up. The dow gained 60, the s p 500 and nasdaq both finished ahead six. Still ahead, just in time for the november election, a big rise in your Health Insurance premium. First, its being called a miracle. Two missioners diagnosed with ebola walked out of the hospital. Israeli air strike in the densely populated gaza neighborhood has killed three senior commanders of the hamas military wing. A predawn attack leveled the fourstory house. Thousands of palestinians joined the funeral procession for the man. Hamas warned International Airlines against landing at the bengurion airport. Fierce fighting is reported between Ukrainian Government troops and prorussian separatists trying to hold on to captured territory. The publication Business Insider reports an americanborn banker has died, while fighting for ukraine. Meanwhile, some russian trucks supposedly bringing in humanitarian aid are now going through customs at a rebelheld Border Crossing in the east. Here at home, two american aid workers who were brought back to the u. S. To be treated for the ebola virus are now out of the hospital. Correspondent jonathan reports on the recovery one patient calls a miracle. Reporter 19 days after arriving at Emory University hospital with active ebola infection, dr. Kent brantley leaves with a clean bill of health. Today is a miraculous day. Im thrilled to be alive, to be well, and to be reunited with my family. Reporter brantley, a medical missionary, and Nancy Writebol a missionary with s. I. M. Apparently contracted the virus in liberia. Both were flown to atlanta for treatment for a virus that has now claimed at least 1,350 lives in west africa. We were very hopeful that with the level of support we can deliver at our facility, that we would have a substantially better outcome than our colleagues practicing with lesser developed health care systems. Reporter both patients received treatment under strict isolation guidelines, until doctors determined they had recovered and no longer posed any threat to the public. Writebol was released quietly tuesday, while brantley hugged his attending medical team upon his release today. If the hugging transmits the message that we dont think hes contagious, i think that would be accurate. I cannot thank you enough for your prayers and your support. Reporter dr. Brantley asked everyone to turn their prayers to the people of west africa as they try to contain the Ebola Outbreak thats expected to have infected 4,400. Jus in time for the november elections. News about your Health Insurance premiums that could affect your vote, and the votes of american everywhere. Here is chief National Correspondent jim engel. The Administration Still has a rough road ahead with obamacare, as Insurance Companies reprice their premiums for 2015, which will be known well in advance of the november elections. Everybody will know what the premiums are going to be, well before the election. And the premiums are going to be much higher than i think the administration is counting on. Reporter though some plans are seeking increases of less than 10 , many others are rising much more. Depending upon who you look at, some are looking at roughly 24 , 25 increases, others seem to be a little lels.