Benghazi victim's mom on lawsuit: His wish is not being met, no family should ever go through this indignity

This is a rush transcript from "On the Record," October 8, 2014. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: Right now, an interview you will only see here "On The Record." We just spoke to the mother of Glen Doherty, a Navy SEAL and CIA contractor who was killed in the Benghazi terror attack. And for the first time, Barbara Doherty is speaking out about the life and death of her son and why she is now suing the U.S. government.


VAN SUSTEREN: Back in late summer of 2012, did he tell you he was going to Libya?


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    VAN SUSTEREN: So, when was the first time you heard that he was in Libya?

    DOHERTY: When he died.

    VAN SUSTEREN: How did you hear that?

    DOHERTY: My daughter called me.

    VAN SUSTEREN: And who had she heard from?

    DOHERTY: I don't remember.

    VAN SUSTEREN: You didn't even know he was there?

    DOHERTY: No.

    VAN SUSTEREN: Or what he was doing?

    DOHERTY: No.

    VAN SUSTEREN: Did the state department call you then or just your daughter?

    DOHERTY: She called to tell me and then I looked out the window and I saw all these people walking towards my house, some of them were my friends. They must have known. I don't know how they knew what had happened, but they started to come into the house and next thing I know, people came through the front door from Washington, my friends and that was the beginning of that long process.

    VAN SUSTEREN: You know, children were supposed to outlive you.

    DOHERTY: It's the wrong order.

    VAN SUSTEREN: Wrong order. So, what happened? Did they give you any information? I mean, tell me about that day.

    DOHERTY: That day was just filled with crying and tears. If they told me anything, I don't remember it. And it was like that for two or three days. So looking back, you're in a fog and you are just told what to it do. And you do it. And you talk to people, but there is no depth to it because you are in such sorrow when you are in such shock.

    VAN SUSTEREN: I imagine -- you know, and of course I have never walked in your shoes so you can't really know exactly how you feel, but I would imagine that you know, you want to know what happened. You would want answers. Is that true? Did you want to know what happened or -- you know?

    DOHERTY: At that point, I didn't remember dwelling on that. I was just trying to survive as a mother who had lost her son, someone she loved.

    VAN SUSTEREN: The FBI director called you some time after your son died.

    DOHERTY: Correct.

    VAN SUSTEREN: About how long after your son died did the FBI Director Mueller call?

    DOHERTY: Well over a month.

    VAN SUSTEREN: And said what?

    DOHERTY: And he said he apologized for not calling sooner because he couldn't find my contact number. And I said do you mean my phone number? He said contact number. We couldn't find the contact number. I said you are the FBI? He said yes. So then I sort of was laughing to myself. I said you are going to stick to this little story, aren't you? He said yes. So I said well, what is it that you want? And he just said well, we want you to know that we're there for you.

    VAN SUSTEREN: Are you in the phone book?

    DOHERTY: I think I am in the phone book. Everyone else found me.

    VAN SUSTEREN: The day that -- after you left Washington, after the ceremony, did there ever come a time that you were briefed on what happened to your son?

    DOHERTY: I don't think so. At that point, right afterwards, there was so much confusion what went on. I am not sure anyone was really sure at that point what had happened. And even to this day, I'm reading different stories about what happened. So I'm not even sure.

    VAN SUSTEREN: Do you have any problem with the fact that even to this day, you are reading different stories about what happened?

    DOHERTY: Some of the stories like Glen went up to help and one of the fighters on the roof said he was the only one that came up to help. That's a good story. But his love for his fellow man is what cost him his life. So, you have the sadness there, but you also know he did the right thing in his eyes. He always went to help somebody.

    VAN SUSTEREN: Do you have any -- you know, I guess criticism is a harsh word, especially for the mother of a child who lost his life, but about how the government handled it that night?

    DOHERTY: Well, the more we are finding out, the more criticism you feel, yes. I felt in the beginning that there was such chaos that it couldn't be helped, but now, as more details have come out, yes, it could have been prevented. It wasn't.


    VAN SUSTEREN: Our conversation with Barbara Doherty continues. Up next, how the CIA and the state department gave her no choice but to sue them both.


    VAN SUSTEREN: We're talking about the mother of Glen Doherty, a Navy SEAL and CIA contractor who was killed in the Benghazi terror attack. You're going to hear more from Barbara Doherty in a moment, but first, why is the Doherty family suing the CIA, the state department, and Rutherford insurance company? Well, their lawyer, Amy Carnevele, explains.


    AMY CARNEVELE, LEGAL ADVISOR FOR DOHERTY FAMILY: So basically, the requirement is for CIA contractors, when they are deployed overseas, the CIA requires those contractors to take out a death and disability policy.

    VAN SUSTEREN: No questions asked?

    CARNEVELE: No questions asked. You have to actually show proof of payment to the CIA before you are deployed overseas, which is why Glen was actually given a phone number of an individual to contact at a particular insurance broker. He called that individual, took out his policy, put it on his credit card, showed proof of payment back to the CIA before he was permitted to be deployed overseas.

    VAN SUSTEREN: Did he have any options? Did he go to another insurance company?

    CARNEVELE: Absolutely not, no, no. Glenn was required to contact this particular insurance broker. So he buys this policy that in the event that he did die, it was absolutely worthless? That's right.

    VAN SUSTEREN: Nobody got any money?

    CARNEVELE: Right. The policy paid a $3,000 funeral benefit, but no benefits as a traditional insurance policy would have been paid. And the premiums that he paid were actually more than what the benefit he received for that funeral benefit.


    VAN SUSTEREN: And now, more of our interview with Barbara Doherty.


    VAN SUSTEREN: You filed the lawsuit?

    DOHERTY: Correct.

    VAN SUSTEREN: As I understand, correct me if I am wrong, as a defense contractor, he was required to get insurance policy on his life, but the insurance policy amount will only get paid out if he has a child.

    DOHERTY: Or an heir.

    VAN SUSTEREN: Or an heir. So that means that all his loved ones -- I mean, a typical insurance policy if you don't have a child you can name your mother, your father, your brother, your sister is that this policy was sold to him and it could only go to a child, an heir?

    DOHERTY: Correct.

    VAN SUSTEREN: So even if he put in his will that he wants his sister to have it, that won't -- he can't do that, he couldn't do that?

    DOHERTY: And, of course, he didn't know that was within the contract.

    VAN SUSTEREN: You have seen the policy itself, but the insurance company won't pay and you have asked help for the CIA, you have seen part of the contract your son had with the CIA but much of it is blacked out.

    DOHERTY: Correct.

    VAN SUSTEREN: But you haven't seen the whole thing, and the CIA won't help you with the insurance company?

    DOHERTY: Correct.

    VAN SUSTEREN: What do you think about your government on that?

    DOHERTY: I don't think much of them.

    VAN SUSTEREN: They make it really hard, don't they?

    DOHERTY: Yes, they just are not forthcoming.

    VAN SUSTEREN: Makes it even tougher, doesn't it?

    DOHERTY: Yes, yes. Because I don't feel that our family or any other family should have to suffer this indignity and that's what it is. They denied he bought insurance. Now, they are saying the insurance won't be paid and so the pain you feel from losing your child is then brought forth again because now it's disrespectful to treat a family, any family that way.

    VAN SUSTEREN: I suppose this insurance contract with your son and I assume that many other single people are signing them as well is that it is going to continue to go on unless these policies are sold to these contractors for which they have no use. It's going to continue to go on unless someone steps up.

    DOHERTY: Correct. I feel that way.

    VAN SUSTEREN: Have you -- has anyone from the government -- no one has contacted you about this at all?

    DOHERTY: No. No.

    VAN SUSTEREN: You know, there has been a lot of criticism of the Obama administration because you know they kept pushing that video story that it was a video that prompted the protest outside the consulate.

    DOHERTY: Correct. That was very prominent in the beginning. And now, that has changed quite a bit.

    VAN SUSTEREN: Changed because of the fog of war or changed because it was dishonest?

    DOHERTY: I don't know. I'm not an insider in Washington.

    VAN SUSTEREN: So, do you harbor any sort of sense of real disappointment with the government? I mean, I realize your son, you know, that he served in the SEALs and he understood what his job was and everything, but do you have any resentment that the government didn't handle this write?

    DOHERTY: No, I think I'm more disappointed in their lack of handling what Glenn would want to happen. Glen always said you know, mom, you know, if anything happens to me, you and Greg and Kate are going to be well taken care of. So, his wish is not being met and I think they disappoint me tremendously that way. The issues of war are a little beyond me, so I'm always surprised when I'm finding out something new. We decided politically to try to stay out of the battles in Washington and we're trying to keep to that.

    VAN SUSTEREN: Thank you for sitting down with us. And you know, I hope that some attention on this insurance policy will change things.

    DOHERTY: Well, I appreciate your trying to help us, too.

    VAN SUSTEREN: Thank you.

    DOHERTY: You're welcome.