Shocking truths revealed during Clinton's Benghazi testimony

Emails show former Secretary of State knew video was not to blame for attacks; victim's mother speaks out on 'The Kelly File'


This is a rush transcript from "The Kelly File," October 22, 2015. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, stunning new evidence in the search for the truth about the terrorist attack in Benghazi, Libya which led to the first assassination of a U.S. ambassador in decades as well as the murder of three other Americans.

Welcome to "The Kelly File" everyone, I'm Megyn Kelly. For years, Americans have demanded to know why security was so lax on our Benghazi consulate on the 9/11 anniversary. Whether our government did all it could to save those under attack that night. And whether the administration may have misled the nation about the reasons behind the assault. Now, after an exhausted hearing featuring former Secretary of State Hillary Clinton. We may be closer to answers. In particular, on whether the American people were misled by an administration fighting to win a second term.

It was September 11, 2012. Fifty six days before the presidential election. And 11 years to the day after the worst terror attack in our nation's history. America, once again, came under attack. This time, in a foreign city many have never heard of. But as day turned to night in Benghazi, Libya, a mob approached the U.S. consulate. At 9:40 p.m. local time, they attacked. An alarm sounded. And chaos ensued as our own Greg Palkot reported.


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GREG PALKOT, FOX NEWS SENIOR FOREIGN AFFAIRS CORRESPONDENT: The entire safe haven, which takes up part of the first floor of the main residence is black with fix smoke and fumes. Ambassador Stevens, Sean Smith, and David Ubben moved to a bathroom within the safe area which has a window. They try to open it, but it just doesn't help. There's just too much smoke. They drop to the floor trying to get air. But even though there, they can't breathe. Fighting the head and smoke, they find another window grill they can open.

This is the window that special agent Ubben -- opens and crawl out of but Stevens and Smith do not crawl out after him and so even though he can barely see, barely breath, he goes back in. In fact he goes back in and out several times, he can't find them.


KELLY: Rescuers later recovered the body of Sean Smith. But they failed to locate Ambassador Stevens and were forced to leave the facility under fire.

Sometimes after midnight, looters pulled the Ambassador unidentified at the time from the burned out consulate. He was taken to the hospital unresponsive. At 1:45 a.m., our ambassador Chris Stevens was declared dead.

Hours later, a new attack. This time at a nearby CIA annex. Despite pleas from the Americans in Libya back to Washington, help would never arrive. And two CIA operatives Glen Doherty and Tyrone Woods later died in that assault. As news broke of the attack here at home, the Obama administration immediately and repeatedly blame the deadly assault on protesters outrage over an anti-Muhammad video made by a filmmaker in California.


HILLARY CLINTON, FORMER SECRETARY OF STATE: Some have sought to justify this vicious behavior along with the protests that took place at our embassy in Cairo yesterday as a response to inflammatory material posted on the internet.


KELLY: It was a story Mrs. Clinton repeated two days later, just steps away from the bodies of the dead at a ceremony, state side.

The remains of Chris Stevens, Sean Smith, Glen Doherty and Tyrone Woods returned to the nation for which they died. And it was there that the family say, the administration officials including Hillary Clinton blamed the death of their loved ones on an out-of-control protest caused by that video.


CHARLES WOODS, TYRONE WOODS FATHER (by the phone): She came up and shook my hand and she made the statement to me that we will make sure that the person who made that film is arrested and prosecuted.

PATRICIA SMITH, SEAN SMITH'S MOTHER: Obama and Hillary and Panetta and Biden and Susan all came up to me at the casket ceremony. Every one of them came up to me and gave me a big hug. And I asked them what happened?  Please tell me. And every one of them said, it was the video.


KELLY: From the start, the families did not buy it. But the story was repeated to family members and to the public over and over and over again.

SUSAN RICE, THEN U.S. AMBASSADOR TO THE U.N.: This was not a pre- planned pre-meditated attack, that what happened initially was, it was spontaneous reaction to what had just transpired in Cairo as a consequence of the video.

PRESIDENT BARACK OBAMA: The natural protests that arose because of the outrage over the video were used as an excuse by extremists.

I have made it clear that the United States government had nothing to do with this video. And I believe its message must be rejected by all who respect our common humanity.


KELLY: The media investigated and the story began to fall apart. It was revealed that there were no protests in Benghazi that night. And this was, indeed, a pre-planned terrorist attack. Mrs. Clinton's State Department was investigated repeatedly. And while it became clear that the video was not to blame, no smoking gun proving deceit was ever found. And then it emerged that Mrs. Clinton had been withholding evidence. In all of the investigations, she never turned over her own e-mails. Not from her time of state, not from her days dealing with Benghazi.

The committee now investigating the Benghazi attack demanded those e- mails and her testimony. And today, for the first time, we heard Mrs. Clinton's truth at least in the hours right after the attack. What she really believed as she told the public a video was to blame. And the truth is that what Mrs. Clinton said publicly was very different from what she claimed privately she knew. That this attack had nothing to do with the video nor with a protests that it was a pre-planned terrorist attack and she said she knew it. Here is Secretary Clinton in her own words to the prime minister of Egypt hours after the attack.

"We know that the attack in Libya had nothing to do with the film. It was a planned attack. Not a protest." Those are her words. And she goes onto say, "Based on the information we saw today, we believe the group that claimed responsibility for this was affiliated with al Qaeda." We've never seen that e-mail before. So why did she tell the families and the public a different story?

Today, Congressman Jim Jordan tried to get answers. Watch.


REP. JIM JORDAN, R-OHIO, SELECT COMMITTEE ON BENGHAZI: There's no evidence for a video-inspired protest in where the false narrative start.  It started with you Madam Secretary. But what troubles me more is I think you knew the truth. I want to show you a few things here. Within 24 hours, you had conversation with the Egyptian prime minister. You told him this. "We know the attack in Libya had nothing to do with the film. It was a planned attack, not a protest." Let me read that one more time. We know. Not we think, not it might be, we know the attack in Libya had nothing to do with the film, it was a planned attack, not a protest. State department experts knew the truth. You knew the truth. But that's not what the American people got. And again, the American people want to know why.

CLINTON: Well, I think if you look at the statements that I made, I clearly said that it was an attack. And I also said that there were some who tried to justify --

JORDAN: Secretary Clinton --

CLINTON: -- on the basis of the video, Congressman, and I think --  

JORDAN: But -- calling it an attack is like saying the sky's blue.  Of course it was an attack.

CLINTON: Well, shortly --

JORDAN: We want to know the truth.


KELLY: I moments, we will be joined by Sean Smith's mother Patricia.  But we begin tonight with Marc Thiessen, a FOX News contributor and former chief presidential speechwriter for President George W. Bush who watched these hearings today.

Marc, thank you for being here.

MARC THIESSEN, FOX NEWS CONTRIBUTOR: Thanks for having me, Megyn.

KELLY: I understand Hillary Clinton's later defense today at the hearing which was I still believe -- she says, I still believe that the video played some rule. But I heard no explanation from her as to if that was her belief, if that's her belief today, why she told the Egyptian prime minister. We know that this attack had nothing to do with the film. We know it was a planned attack and not a protest. Why did she say that if, to this day, she believes it was about a video?  

THIESSEN: Because she doesn't believe it was about a video. Because she's covering up what we weren't supposed to hear. What Congressman Jordan did today was gave us the smoking gun that we were never supposed to see. Which is the internal thoughts that she had in her communications with her family, with foreign leaders telling them this was an al-Qaeda attack, this was a pre-planned da attack. I mean, she, at the same time that she was going out and saying this was about an inflammatory video, she said there -- she said it was an attack. She never used the word terrorism. She never used the word al-Qaeda. At the same time she was doing that almost simultaneously.

She sent an e-mail to her daughter, Chelsea saying two of our officers were just killed by an attack with the group affiliated with Al Qaeda. She told foreign leaders this. And this is the problem with this Megyn, is that I think that the American people would not have blamed them for Benghazi if they had stepped forward, if she and President Obama have stepped forward and said, America has come under attack by al-Qaeda on the anniversary of September 11th, 2001. We're going to get the people who did this. And I think Americans would have rallied to them. But they didn't do that. They lied about it and that's what I think is unforgiveable.  

KELLY: Here's what she says about that. Basically, that e-mail to her family. She says the night of the attack al-Qaeda made this, al-Qaeda affiliated group made a claim of responsibility, that they then pulled back the next day. And she says, as the Intel coming to her and everyone else in the administration changed, so too, did their message. And yet, what she says to the Egyptian leader is we know, we know she's coming out, already the messages were conflicting because she's saying one thing to him and she's saying something else publicly. But she didn't say we believe and we still have to investigate.

THIESSEN: No, she didn't. And the truth is, that they didn't have Intel coming and saying, that was a protests. The people on the ground who saw it happen we're telling him, there was no protests. They knew from the very beginning there was no protests. And how does that explain then?  Susan Rice going out the following Sunday when it was absolutely clear that it hadn't been a protests going out. And staying on that, there was no pre-planned attack. When few days earlier, she had told the Prime Minister of Egypt, it was a pre-planned attack.

KELLY: And it wasn't just Susan Rice. I mean, listen to Jay Carney.  Okay. This is Jay Carney at the White House. This is September 19th.  Now, this is -- no, wait. I just want to make sure. Okay. This is a soundbite where he is talking about, we have no information, it was a pre- planned attack, just want to make sure, like 50 Jay Carney soundbites showed up. All right. They're getting. It was long. Okay, September 14th, that makes sense. Listen to what Jay Carney said, September 14th.


JAY CARNEY, FORMER WHITE HOUSE PRESS SECRETARY: We have no information to suggest that it was a pre-planned attack.


KELLY: No information to suggest it was a pre-planned attack. Look at Hillary's email. "We know the attack in Libya was a planned attack, not a protests. We know that attack was planned, not a protests. And he was saying as of September 14th, days later, we have no information to suggest it was a pre-planned attack. And here's another one, this is Jay Carney saying, we have no information that this was not in reaction to a film.  Watch.  


CARNEY: We don't have and did not have concrete evidence to suggest that this was not in reaction to the film.  


KELLY: No information that it wasn't about film. And this is Hillary days earlier, we know the attack had nothing to do with the film. Marc, this is what drives people crazy. It drives them crazy, you know?

THIESSEN: This is --

KELLY: Why not just come out and lay it out. This is what makes people distrust not just these politicians but Washington. But the administration. But anybody who even raises their hand and testifies under oath believing you're not being straight with me.

THIESSEN: No, that's exactly right. And this is why, I mean, and what Jay Carney said is the exact opposite of what Hillary Clinton said today in her hearing. Which is according to her narrative, initially they thought it was a terrorist attack. And then they had some information coming in suggested might have had something to do with the video which is why they hedge. Jay Carney said they have no information coming in saying, it had to do, that it was a pre-planned terrorist attack. So, that's a complete opposite story.

KELLY: Uh-hm.

THIESSEN: I mean, the problem here is, you're exactly right. It's a question of trust. I think Americans would have rallied around this president. Look, we just went through a thing where Donald Trump or Donald Trump tried to blame 9/11 on George W. Bush. And the American people don't buy that. They don't blame George W. Bush, they don't blame Bill Clinton for the Africa embassy bombings, for the Cole, and they would not have blamed a Barack Obama for Benghazi if he had stood up, and been honest to the American people, said we were under attack. And that we will going to do something about it and then did it. They would have rallied around him.  But instead they were more concern with the political narrative than they were with the fact that we had come under attack by terrorists when they told us that the terrorists had been defeated.

KELLY: Marc, thank you.

THIESSEN: Thank you, Megyn.

KELLY: Well, my next guest, son was one of the four Americans killed in Benghazi on September 11th, 2012. Patricia Smith is Sean Smith's mother. Patricia, thank you for being back with us tonight.

SMITH: Hi, there.

KELLY: You're reaction to what you heard today and that e-mail in particular?

SMITH: Well, that's kind of interesting. Because my soon called me the night before telling me about the people that were walking around the compound taking pictures and they were taking pictures to the diesel fuel and everything. And that's what set on fire. They knew that this was going to happen. They were just planning their attack.

KELLY: Uh-hm. There were people who were supposed to be guarding the embassy who were taking pictures they believed --

SMITH: Right.

KELLY: Rightly that they were, in fact, planning an attack and not planning to protect anybody. Did you --

SMITH: Well, this were the February 17th people he told me, whatever that is.

KELLY: What does that mean to you, I mean, I know that you had believed all along that what you were told over your son's casket was not true, that it was not about a video. But to see the e-mail from Hillary Clinton to the Egyptian prime minister saying it, outright saying, we know the attack had nothing to do with the film. We know it. We know it was a planned attack and not a protests. What does that mean to you? What perspective does that give you?

SMITH: It gives me a very good one.

KELLY: She lies.

SMITH: Very simple. She is not telling the truth. She's trying to push her own agenda through. What she was hoping would happen, this what she said, not what actually happened.

KELLY: Can I round back to what she actually said because I'm not questioning your integrity in anyway but --

SMITH: Okay.

KELLY: -- you were a grieving mom. It was an emotional moment. Is there any chance that in her exchange to you, she just said, you know, and we're also going to get that guy who produced the video as opposed to blaming your son's death on the video.

SMITH: She told it was the video that it was, she told me personally it was the video. Obama told me, Panetta told me, Biden told me. They all told me at the casket ceremony that it was the video and they would definitely call me and let me know if there was any changes as soon as they investigated a little bit more thoroughly. I have heard nothing, nothing from the government since other than I am not a member of the immediate family and they don't have to tell me.

KELLY: Is that true? I mean, who's telling you that they don't have communicate with you?

SMITH: That is true. I have got that in writing.

KELLY: How are you not a member of the immediate family? You're his mother.

SMITH: I told them that and they won't give me the answer. Every time I've contacted them. The State Department. You know, they have a grieving person that you're supposed to talk to because I'm part of the family. (INAUDIBLE) I supposed to contact with. So, I called that person and I asked him, what's happening, what's going on? They say, they won't have to tell me because I am not a member of the immediate family and I'm supposing and I am just supposing that -- the wife the only member of the immediate family.  

KELLY: Uh-hm. Patricia, very sorry for your loss. Thank you for being here with us tonight.

SMITH: Oh, Megyn, please find out. I've got to know what happened.  They don't tell me. I still don't know. The government has never told me.  They have never contacted me. Ad I've got to know that was my only child.  And yes, I'm grieving. Because they won't tell me anything. If Hillary had any sense in her head, all she have to do is make one phone call and they'd be no more problems. But they won't tell me. They won't tell me nothing because I am not a member of the immediate family.

KELLY: Patricia, your grief is obvious and understandable. Thank you.

SMITH: But they don't care. They don't care.

KELLY: We'll continue this. We thank you again for being here.

SMITH: Thank you.

KELLY: I mean, I understand that people think this has become a political issue. And I know what Kevin McCarthy said, right? But listen to that mother. I mean, shouldn't she get her answers?

Listen. Today, when she was pressed on the death of the Ambassador Stevens, Secretary Clinton seemed to place a lot of the responsibility on one person, in particular. One person in particular. And we will have that story, next. When we fact check some of her testimony with Clinton supporter. Robert Zimmerman who is here.

And then, for the first time since the early days of his campaign, Governor Jeb Bush is back on THE KELLY FILE to talk about Donald Trump, politics, and terror attack. Don't miss this.


CLINTON: Well, look --

UNIDENTIFIED MALE: Have you ever heard of a judge call in the DA or the Defense Attorney and say, don't call that witness?

CLINTON: You know, Mr. Chairman, Mr. Chairman, I really don't care what you all say about me. It doesn't bother me a bit.



KELLY: Breaking tonight. The Benghazi hearing has just wrapped up after about 11 hours of Hillary Clinton's testimony. In her discussions of this attack, Hillary Clinton has repeatedly called Ambassador Stevens who gave his life in Libya a quote, "friend of hers." But on numerous occasions during her testimony today, Mrs. Clinton sounded a different note when it came to the Ambassador.

Our Chief Intelligence Correspondent Catherine Herridge is live for us tonight with more. Catherine?

CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Thank you, Megyn. This as Clinton said, Ambassador Stevens knew the risk, accepted the risk, and if he felt security was so poor, he knew how to get her.


CLINTON: Chris Stevens had an opportunity to reach me directly anytime he though there were something of importance. The people with whom he worked, the people who were around him and with him. They very well understood the dangers that they were the confronting.


HERRIDGE: Mrs. Clinton also testified today that she personally chose Chris Stevens, a career diplomat to be her first point man for the Libyan opposition during the 2011 revolution. And then, as her ambassador, as she spoke about the deep personal loss when he was murdered. Yet, there is no record she spoke to him in the year leading up to the attack.  (BEGIN VIDEO CLIP)

REP. SUSAN BROOKS, R-IND.: Did you ever personally speak to him after you swore him in in May? Yes or no please.

CLINTON: Yes, I believe, I did.

BROOKS: And when was that?

CLINTON: I don't recall.

BROOKS: Because there are no call logs with him. We have to record that you had any conversations with the Ambassador after you swore him in and before he died. And you were his boss.


HERRIDGE: Mrs. Clinton also testified that every possible step was taken to help the Americans in Benghazi that night. But at that time of the attack, Mrs. Clinton had very limited communication with the President and his senior military advisors who were responsible for any attempted rescue.


UNIDENTIFIED FEMALE: Did you meet with the President that night?

CLINTON: I talked with the president, I did not meet with him.

UNIDENTIFIED FEMALE: How many times did you talk to the President?

CLINTON: I talked to the President that evening. That was the only time I talked with him. On the 11th.

UNIDENTIFIED FEMALE: Did you meet with Secretary Panetta?

CLINTON: No, I did not.

UNIDENTIFIED FEMALE: Did you speak to Secretary Panetta?

CLINTON: The next day.

UNIDENTIFIED FEMALE: Did you talk with General Dempsey?

CLINTON: The next morning I did.


HERRIDGE: We also learned today that there were 600 separate requests from Stevens and the group in Benghazi for additional security in that year leading up to the attack, that virtually nothing was done and on the day of the assault, the terrorists walked in, unencumbered, set fire and killed Stevens and Sean Smith as well -- Megyn.

KELLY: Wow! Catherine, thank you.

HERRIDGE: You're welcome.

KELLY: Joining me now to react, Robert Zimmerman. A Clinton supporter and DNC committee member from New York. I mean, that is just why? Why would a 600 requests for security that were ignored? Why? Why is it not fair to ask those questions?

ROBERT ZIMMERMAN, CLINTON SUPPORTER: Megyn, first let me say to you, I'm here as a Hillary Clinton supporter, even as a democrat, I'm here as a proud American. And I think, like, the polls show an overwhelming number of our fellow citizens along with Republicans in Congress. They're just appalled by the partisan posturing of this committee and the partisan manipulation. Even Chairman Gowdy's own hand-picked investigator. A major in the Air Force condemn this committee for their partisan manipulation.

KELLY: All right. Let me stop you there. Let's assume for the purposes of this discussion, you're completely right. That this has been partisan from the beginning. That Trey Gowdy wants to hurt Hillary Clinton's poll numbers.


KELLY: He denies that. Kevin McCarthy said something he certainly suggested it was true in his view. But let's -- I'll give you that for the purposes of this discussion.


KELLY: How do you explain this email? All the investigations that preceded this, they didn't have this. She didn't turn it over.

ZIMMERMAN: First of all. First of all --

KELLY: And after years of telling us, years, that it was about a video, now we see on the night in question. She wasn't -- it wasn't like she was just writing in her diary, to the Egyptian prime minister, we know this attack had nothing to do with the film. It was planned and it wasn't a protests. Her own words.

ZIMMERMAN: First of all, Megyn, Hillary Clinton turned over everything that every committee requested, there were seven committees that investigated this.

KELLY: Not her emails. No, she did not.

ZIMMERMAN: The emails that were requested, they were turned over.

KELLY: No, they weren't.

ZIMMERMAN: She testified for seven hours before Congress. Two years ago --

KELLY: Robert, that's not true. The e-mails that she had on her private server were not turned over until this committee is the one that discovered when state were turning over the documents. It didn't include any of Hillary's emails. That's how we found out Hillary had emails problems.

ZIMMERMAN: Actually, this -- discovered, this was known two years ago. In fact, hundreds of people in Washington, and the government knew it. But here's the point that's more --

KELLY: They're the ones who found out that she was withholding and none of her documents had been produced to any prior committee.

ZIMMERMAN: This email doesn't change anything. And you haven't seen one republican outside of that committee say, this is a whistleblower, this is a game-changer in any way or a smoking gun. And I'll tell you why, because when the Republican House Select and Intelligence Committee investigated this control by Republicans --

KELLY: They could not have this document.

ZIMMERMAN: But they had ample -- please Megyn, they had all the information that confirmed that there was a complete confusion as to what was happening.

KELLY: They didn't have the documents. I don't care what the Republicans think.


KELLY: I'm telling you, as a lawyer, this is an admission that is directly contrary to what she was representing to the families and to the public.

ZIMMERMAN: Would you say that the FBI and the CIA, that at first thought it was a video and then saw it, it was an attack? Would you say that they were also violating the law? Would you say they were -- I mean, think about the number --  

KELLY: I am not accusing her of the legal violation, I'm telling you I have an admission when I hear one.

ZIMMERMAN: Well, no --

KELLY: And this is a statement in writing by her that is directly contrary to everything she said.


KELLY: And when she was pressed by Jim Jordan on it today, she said, well, look. By September 18th, the intelligence assessment had changed.  And now they were coming to us saying, okay, it was a terrorists attack and the initial assessment was wrong. So, okay, so maybe the administration came out by September 19th and said, it was a terrorist attack and had nothing to do with the video. Right? In her story was true that okay, the intelligence changed like September 18th and that's what we understood.  

But listen to the White House. Listen to Jay Carney after she claims they now knew it was a terrorists attack and had nothing to do with the video. Listen.   


CARNEY: No matter how offensive such a video is, there is no justification for violence. There is no justification for attacking and killing innocent people. In this case, in Benghazi. Innocent Americans, including an ambassador who had done so much to help the Libyan people.


ZIMMERMAN: And with all of that being said, from Jay Carney, all the information that was out there, every independent committee that has investigated this. In the Congress, republican controlled as well concluded there was no effort by the administration to mislead anyone.  There were conflicting reports, conflicting analysis by our National Intelligence director, by the FBI, by the CIA and to play this political scapegoating game that the committee is doing demonstrate how partisan they are. If they wanted to get the facts, why wasn't General Petraeus the head of the CIA called in-front of that committee? Why wasn't Leon Panetta the secretary of defense called in-front of that committee because they don't want the facts, they don't an investigation, they want to play a partisan game. And don't take my word for it, you can listen to the Republicans serving Congress with Trey Gowdy who would conform that.  

KELLY: Uh-hm.

ZIMMERMAN: And by the way, when Trey Gowdy was asked by Chris Wallace in FOX News, "what was the relevance of all these emails during -- when the whole email story blow up?" He said, "Not much of anything." So, that puts it in perspective as to how irrelevant that --

KELLY: But today is the first we have ever seen that document.

ZIMMERMAN: Excuse me. Excuse me.

KELLY: I don't know whether Trey Gowdy --

ZIMMERMAN: But it doesn't change any of the facts and there's not one republican not serving in the committee has said that.

KELLY: It doesn't change the facts. It only confirms that she knew facts different than the one.

ZIMMERMAN: It confirms.

KELLY: That she is publicly represented.

ZIMMERMAN: It confirms that you have from the beginning.

KELLY: I got to go.

ZIMMERMAN: The intelligence changed.

KELLY: Great to see you.

ZIMMERMAN: Good to be with you.

KELLY: Also tonight, after hearing Donald Trump launched repeated attacks on President George W. Bush in the events of 9/11, presidential candidate Jeb Bush is here and he will respond.

Plus, another controversial message from Mr. Trump, this time he appears to be going after Iowa voters. And then he walked that back. Chris Stirewalt is here with the story behind that.



REP. JIM JORDAN, R-OHIO, SELECT COMMITTEE ON BENGHAZI: You could tell the truth, tell them the terrorist attack. You could say, "You know what, we're not quite sure" that you picked the third option. You picked the video narrative. And you did it because Libya was supposed to be pointed out in this great success story for the Obama White House and the Clinton State Department.


KELLY: That was Ohio Congressman Jim Jordan, pressing Secretary Clinton during today's Benghazi hearing, which just wrapped up a few minutes ago. The congressman joins me now. Congressman, thank you for being here tonight, and so, we -- I know you've been busy, but we've been discussing for the better part of the last half hour that e-mail, that you spent most of your time.


KELLY: Discussing with Hillary Clinton, where she said to the Egyptian prime minister, "We know the attack in Libya had nothing to do with the film. It was a planned attack, not a protest."

JORDAN: Right.

KELLY: Is that a smoking gun in your view?

JORDAN: Well, it certainly puts to bed this whole narrative that they ran with. And it all started with her. So, you know, you can't say one thing publicly to the American people, to the taxpayers, and then say something else different privately. That's what she did. And the truth with what she said privately, all the evidence supported a terrorist attack, none of the evidence pointed to this video and fired him.

KELLY: OK. Let me stop you there.


KELLY: Let me stop you there.


KELLY: What she said to you today was, "That night, we had information. We had to claim responsibility from an al-Qaeda affiliated group." The next morning, they retracted that claim. So things changed.

JORDAN: Yeah, but it still doesn't mean the video (inaudible). This -- I mean that's the point. It wasn't the film, right? There was no protest. There was no demonstration. No video-inspired protest. No video-inspired demonstration. Chris Stevens walked to diplomats to the front gate, one hour before the attack happened. He didn't report any protest because there wasn't one.

KELLY: She said, "Let's just have a back-and-forth because the audience didn't get to see it." But she said in response to that, that she did believe it was a video. That others believed it was a demonstration caused by a video. And it wasn't until they got to review the security tape from the consulate on September 18th, that the security footage arrived at CIA, saying there were no protests and that they revisited their earlier assessment.

JORDAN: Well then, Megyn, why she tell a different story to the Egyptian prime minister? Why she tell a different story to her family? And why did her public story stay the same throughout the entire week, right? It's still the same. On the 14th, we did another one. Jay Carney says it wasn't a pre-planned attack. The same day the experts in Libya say it was a well-planned attack. Exactly opposite statements, and that happens to be the same day by way, that we have the now famous talking points have been roads of -- where he said, it is a video. We want to focus on that because we can't have to be a broader policy failure. You know what it has to be a broader policy failure? Because they were 56 days before an election, and this was the key thing. That's the whole point. And the American people understand it, but that, that e-mail, or excuse me, that call from the Egyptian prime minister makes it crystal clear.

KELLY: Well let's talk about that because, you know, our information is that you guys did not have that in prior investigations. Why haven't we heard about that or seen that exchange she had, prior to today?

JORDAN: Because that's the phase (ph) of this State Department, this administration in giving the documents. Mr. Gowdy has been very clear about it. The chairman -- if they we would help us get the information, that we should've had a long, long time ago, that would make this investigation go so much faster. Here's one other thing that happened. We asked Secretary Clinton, "Secretary Clinton, we know the FBI is looking at your server. If they find, if they find information that deleted e-mails or whatever, if they find e-mails that are relative to our investigations, will you get those -- or will you allow a neutral, third party, like retired federal judge who look at that?" You know what she said? She wouldn't agree to that. She wouldn't agree on that.

KELLY: OK, but.

JORDAN: Let me get to the truth, how could.

KELLY: That add the question of what she has saying all along. And what Kevin McCarty said, I mean, he is on record and it could not be much clearer that he thinks this is a partisan hit job, meant to bring down her poll numbers. I know you on a committee saying it's not true, but he's not the only one. Some other guy affiliate when the committee came out and suggest that that's the case. And so, a lot of the American people tonight are looking at this saying, in one ear and out the other because this is about presidential politics and not about Benghazi.

JORDAN: What did you see partisan from the questions we asked. We're trying to get to the truth. Look, I disagree with what some of my colleagues have said. I think that was wrong. I don't think that's the focus in there. We've been the focus. The chairman has been clear, we've been clear. And you could see this hearing today for yourself. What was partisan were all about that? What's part about she's telling the Egyptian prime minister one thing and tell the American people something else? That's not a partisan, that's her statements. She started that whole video- narrative at 10:08, the night of the attacks. An hour and a half before the attacks were over, she tell the American people it was the video-inspired that she (inaudible). She starts that narrative at 10:08 with Tyrone Wood and Glen Doherty (inaudible) fighting for their lives. That's the (inaudible). That's not a partisan, that's about the facts.

KELLY: Congressman Jim Jordan. Thank you, Sir.

JORDAN: Thank you, Megyn.

KELLY: Also tonight, after hearing Donald Trump launched repeated attacks on President George W. Bush in the event of 9/11, presidential candidate Jeb Bush response, next.


KELLY: Before the Benghazi hearing wrapped up tonight, some of the 2016 candidates wait in with Jeb Bush, earlier, calling the Benghazi security failures a quote, "Stunning example of incompetence." But if it is fair to question Mrs. Clinton for failures leading up to September 11, 2012, why is Governor Bush arguing is it not fair to question his brother for failures leading up to September 11, 2001?, joining us now, former governor of Florida and republican presidential candidate Jeb Bush. Governor, good to see you tonight. Why -- why? Is it a double standard?

JEB BUSH, R-PRESIDENTIAL CANDIDATE: Not at all because if someone had evidence that there was a pending attack, there was -- a lot of investigations after 9/11, if there was (inaudible) evidence that there was an attack that was pending and no one acted, of course there were have been criticism, but that's not the case.


KELLY: You know they're arguing that there was. Trump argues George Tenet, offered a warning that the attack.

BUSH: Trump doesn't know what he's talking about. Trump doesn't know what he is talking about. He doesn't know anything about this. And he doesn't know what he's talking about. There were massive investigations of this, there were hearings. And where we -- did we let our safeguards down? Sure, we did. I mean under the Clinton administration, it was the law enforcement operation. But -- in the case of Benghazi, there were clear signs that this consulate was at risk. It had already been attacked. It was 9/11, there wasn't the security. And I think the investigation -- the testimony today bears that out.

KELLY: What did you make of Hillary's testimony today?

BUSH: The problem is this is according -- that accepts for responsibility -- well, I didn't see much of it, but she is not accepting responsibility. Two weeks ago in the debate, she said that Libya was a great example of smart power. Well, I think it's in total chaos now. And leading from behind was not the best way to deal with this problem and the security problems that exist, created a tragedy for American lives lost. And so, this was not a great day for the Clinton -- department of state, for sure.

KELLY: Let's talk about the latest in the polls. Because speaking of Donald Trump, he is number one, on top of leader board.

BUSH: Yup.

KELLY: According to the latest ABC News poll he's at 32, you're at seven, in 7th place. The real clear politics average, he's at 27, you're at seven, in 5th place. He has said that if his poll numbers tank (ph), he'll get out of this race. But what would it take to make you get out?

BUSH: I'm not getting out. My -- I believe that we have a plan to be very competitive in the early states. We have the resources to stay with this. I'm campaigning hard, I'm campaigning with heart. I'm campaigning in a way that will draw people toward our cost. Herman Cain was the winner at this time when he was running. Hillary Clinton was up by 26 points in October against Barack Obama. Rudy Giuliani was the frontrunner, you know, eight years ago. So this is the beginning of hard race. I never thought it would be easy and it certainly hasn't been and I believe that I'm going to win the nomination.

KELLY: But no one's ever had this kind of a lead for this long a time and then gone on onto lose the nomination.

BUSH: Well, let's talk about it in March. We'll see what happens.

KELLY: What if -- how badly if you think your immigration policies are hurting you in this race? Because according to latest poll out of Iowa -- this is Quinnipiac, 37 percent say they believe Trump can best handle illegal immigration. Just 5 percent, say you can.

BUSH: Well, when people know that I've written the book about the subject that calls for securing the border have attack of -- a practical plan to do that. Have a practical plan to deal with the visa overstayers (ph), to deal with (inaudible) worker program to have a path to legalize status, not citizenship, a practical, conservative plan.

KELLY: They know all of that.

BUSH: Hundreds and billions of dollars.

KELLY: They know all that.

BUSH: No, they don't. They don't, Megyn.

KELLY: And they know that Trump is out there saying that Mexican --

BUSH: I disagree.

KELLY: Mexico is sending its rapists and so on. And they -- they are behind him and not you on this issue from the polling.

BUSH: It is -- once they get all of the facts, my guess is that you're gonna see that Donald Trump won't be at whatever percentage he is today. And we'll try. This is why we have a democracy, right? This is why -- you know, I know you guys are consumed by the process, I'm concerned about the people that want to be lifted up, they're stuck. Six million more people living in poverty, 23 hundred dollar reduction in disposal income for the middle class of this country. I'm talking about ideas to break the log jam in Washington, D.C. and fix it. And I don't believe the front-running candidate for the republican nomination cares about people like that.

KELLY: What -- well, let me ask you about him, because in watching you at the debate, sometimes you take these personal shots that you and your low energy and then, he seems to praise you when you have a vigorous answer as sort of responding to his taunts, so now your high energy. You -- to me, it seems like you stand up and you don't know what to do. It's like I don't -- how am I suppose to respond to this? You tell me, do you have a plan for dealing with Donald Trump?

BUSH: We're in the same boat, Megyn.

KELLY: Well.

BUSH: We're in the same boat, I think.

KELLY: But I'm not running for president.

BUSH: I mean, come on. This guy is totally unique. He is a -- he's not a serious candidate. He's a great entertainer -- I get all that, but I'm running because I think people need to be lifted up. We're in deep function in this country. We have a divisive president. We don't need another divisive president. We need someone to unite us around high-sustained economic growth and keeping it safe. Donald Trump is not my motivation to run. I wish him well. I don't have bad feelings about anybody. But I believe that I'm going to win this nomination when people hear the views that I have and my leadership experience to fix it. I got to do this, not in Washington when nothing happens. I got to do it as governor of a swing state where conservative principles allowed everyday to have a chance to have rising income.

KELLY: Governor Jeb bush, it's good to see you again. Thank you for being here.

BUSH: Thanks, Megyn. Take care.

KELLY: Up next, a big new poll with big news and a big gaffe from a very big candidate. Chris Stirewalt is here with the story behind that.


KELLY: A new poll out of Iowa shows a new frontrunner in that state, Dr. Ben Carson, and it appears Donald Trump or his team -- not happy, joining me now, Fox News digital politics editor Chris Stirewalt, Chris, good to see you. So Quinnipiac for the first showing Ben Carson, eight points ahead of Donald Trump in that state. Is that -- I mean, it's just one poll. Is it meaningful?

CHRIS STIREWALT, FOX NEWS DIGITAL POLITICS EDITOR: Well, this is probably my favorite of one of my two favorite Iowa polls. It has a great track record. We like Quinnipiac a great deal, and it is significant. And it's a nice size sample, relatively speaking. And it's the first time that Donald Trump hasn't been the frontrunner in this race, in Iowa since August. Remember, Donald Trump's been the frontrunner in the whole republican field for more than 100 days. He's been "the man" essentially, since Scott Walker started to take on water and Jeb Bush started to fall apart. It's been Trump and only Trump for Ben Carson to lead him in all- important Iowa because whoever the non-establishment candidate is going to be, pretty well needs to win Iowa. Maybe you could do it with South Carolina, but you need to win Iowa.

KELLY: So I'm looking at the numbers, women in this poll back Carson over Trump by more than 20 points, 33 to 13, White Evangelicals, Carson over Trump, 36 to 17, 19 points, Tea Party voters, Carson over Trump by 12 points. That will do it, I guess. And yet, I'm confused because it says 41 percent of Iowa GOP voters say Trump can best handle the economy and immigration and he's crushing everybody else on those two issues.

STIREWALT: Well, yeah. But remember, Mitt Romney was judged in exit polls since 2012, to be better on the number one issue, which is the economy. Just because people think that you are better at key issue, it doesn't mean that they're gonna vote for you. Every election is a character. Every election is a trust election. But beyond that, remember this, the base of the Republican Party is very conservative and the base of the Republican Party in Iowa is very, very.

KELLY: Yeah.

STIREWALT: Very conservative. And this is a place where somebody like Trump who's more liberal, probably, doesn't work as well as he might in other states.

KELLY: Trump got in a bit of Twitter trouble today because he sent out a tweet after this poll -- it was a retweet that said, "Ben Carson now leading in the polls in Iowa, too much Monsanto in the corn creates issues in the brain? Trump GOP. Then he had to take that back, sending out this tweet, "The young intern who accidentally did a retweet apologizes." Just stay off the Twitter. That's a general life lesson.



KELLY: Stay out of Twitter.

STIREWALT: Stay away from interns. Well I don't mean it like that. What I mean is.


KELLY: That's a lesson to.


KELLY: President.

STIREWALT: Don't have interns do your tweeting for you. Do your own tweeting. Don't have somebody else do it. Don't be a regular politician.




KELLY: What do you think? Do you think this Benghazi committee is a partisan hit job on Hillary? Follow me on Twitter @megynkelly, but don't tweet, really. Just don't. See you tomorrow night.

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