>> megyn: we're going to be discussing the questions tonight on the o'reilly factor. thanks for watching. >> shepard: the news begins anew on studio b with two breaking stars. were the accused boston marathon bombers setting their sights on number city? officials here athey were. targeting times square. the white house says intelligence shows the syrian regime has used deadly nerve gas on its own people. more proofed inned? three people badly hurt after a series of explosions on barges filled with fuel. and the carnival cruise ship triumph in the middle of it all again. that's all ahead, unless breaking news changes everything. an "studio b." >> first, from fox at 3:00 in

new york city, just one hour ago the mayor revealed to major intelligence from the fbi that the boston terror suspects had planned to drive to new york after the marathon attack, and set off the rest of their bombs in times square. >> they had built these additional explosives, and we know they had the capacity to carry out the attacks. if god forbid they arrived in new york city and again to times square, they would have seen an emotorhome mouse police presence. >> shepard: never happened thougher suspect died last friday after a shootout with police in watertown, massachusetts, and the law enforcement captured the other suspect hiding in a beat later the day. this is a major security tear in new york. in 2010 a man was arrested for trying to blow up a car in times square. sounds like this plan happened on the fly and as they were rubbing from authorities.

>> right, according to the mayor and police mighter the two brothers made this spontaneous decision to drive down here to new york city, to times square, and set off their remaining explosives, including not pressure cooker bomb like the ones used at the marathon, and five pipe bombs. the mayor reference thread was heavy security in times square soon after the marathon bombings. the counterterrorism unit had been mobilized. both brothers were very wanted men at that time. but thesaurus no guarantee -- but there's no guarantee anyone would have been able to stop them at toombs square. >> the investment wes made in counterterrorism operations, technology, and intelligence, helped reduce the possibility of a terror strike but they don't eliminate it. we don't know if we would hey before able to stop the terrorists had the arrived here.

we're thankful we didn't haven't find the answer. >> he says people are likely safer here than almost anywhere else in the world. >> shepard: sounds like cops -- they got a lucky break here. >> well, they did. they were very fortunate this two brothers decided to carjack someone who was low on fuel, according to the mayor and police commissioner. and they were lucky the brothers beside deaded to -- decided to get out of the car at the gas station, and can cave they carjack victim the opportunity to flee. >> they would drive to times square that same night. they discussed this while driving around in the mercedes suv hey highjacked after the shot and killed an m.i.t. police officer in cambridge. that plan, however, fell aplate when they realized the vehicle they hijacked was low on gas and ordered the driver to stop at a

nearby gas station. a subsequent questioning of dzhokar revealed that they had decided spontaneously untames square as a target. >> soon after escape the carjack

>> we're trying to play like there's no war when there is. it's going to bite this -- get

bit by his. this administration let the guard down. >> we also learned from that new york city police conference there were two sessions and at least one of the sessions dzhokar was able to talk. the information until now he was unable to do so. >> shepard: we knew that the russians contacted the fbi. now we know the russians contacted the cia and i guess learned mow? >> we have intelligence michelles confirming the cia was contacted by their russian counterparts in 2011 and presented with virtually the same information the fbi was given six months earlier, the russians believed tamerlan wanted to joan an overseas terrorist troupe and the official said the cia review like the fbi, found no evidence of terrorist activity in 2011. lawmakers briefed on the incident are not faulting the cia or the fbi. >> when the russians first sent

the initial inquiry to look at this individual, we contacted the russians on three different occasions to ask for more information and nothing was forthcoming. >> today the russian president said the boston bombings should spur better cooperation between the u.s. and russia it was unfortunate there was not enough information to bring some kind of action against tamerlan tsarnaev. >> shepard: do sow see you, catherine. ferry is with us now, the former assistant director of the fbi's counterterrorism gigs. what's your sense of things now regarding what happened over the past couple of years? >> hi, shep. there's been a lot of developments, and thick what we're seeing is the very type of problem we talk about before. we have set up a very, very elaborate infrastructure after 9/11 to deal with the idea of trying to find indicators of al qaeda involvement.

but that is good for that but doesn't help us try to identify people who psychologically have something wrong and are going to act against us as a lone bomber. that's exactly what i think, as more information comes out, you're going to see so many parallels, both operationally and psychologically, between these brothers and the likes of eric robert rudolph, the centennial bomber and the unibomber, and then i'd add this. is was interesting when we went to the unibombers cabin and took out the 30,000 pages of notes and he accounted for every day of his life in one of the notes he said this. he said, people are going to prescribe a lot of motives to what i did and why i did it. but basically i'm just very, very angry. and so he latched on to an ideology and then used these bombings to deal with his anger. i think we're going to see these

people latched on to the ideology of very, very radical lams and because of the opsychological issues, embarked on what became a very terrible tragedy. >> shepard: there are lot of places with people filled with anger and maybe don't have mental capacity. theres a lot of places to latch on. radical islam, a lot of different ways to get radicalized in this country. you said we're not very good at spotting those people. what do we do to get better? >> this week we're learning a lot. we did a study in the winter 2000 and 2001 as on these people. kathleen was a bureau agent who work on the ewan bomber and eric rudolph and a clinical psychologist. shed a access of fbi files and the files of the u.s. secret service. unfettered access and cooperation. here's what she found.

these people were unable to belong. they tried to belong to organizations. they tried to have seems of belonging with people they thought they shared similarities with. but they were never able to make that connection. every one of the serial bombers she looked at had that situation or that type of problem. now, when we first started hearing more about these brothers, particularly i'm talking about tamerlan -- it was almost haunting to hear that both from his family, both back and russia and here in the u.s., and also from some of his friends, he was starting to express, he had trouble feeling he was fitting in anywhere, and i think that's going to be more telling as the days and weeks go on. >> shepard: even heard that at kole bum -- columbine shootings. thank you very much, terry. >> you're very welcome. >> shepard: we're going to have much more on this, new develops in the boston bombing suspect and all that goes with it in few minutes. another big headline today.

chemical weapons in syria for the fir time. the white house telling us that intelligence shows the regime there has indeed used deadly poison gas on their people. we'll go live to the white house when news breaks. angie's list is essential. i automatically go there. at angie's list, you'll find reviews on everything from home repair to healthcare written by people just like you. if you want to save yourself time and avoid a hassle,

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>> shepard: the so-called red nine syria seems closer than ever today. the white house says for the first time intelligence indicates the syrian regime has used deadly chemical weapons against it's own people. the white house says it needs more facts. the president has long warned that chemical weapons would be a game-changer. chuck hagel made the announcement this afternoon. >> the u.s. intelligence community assesses with some degree of varying confidence that the sirrian regime has used chemical weapons in a small

scale. >> some degree of varying confidence. it's a anybody gas more deadly than cyanide. victims die from painful convulsions. the white house sent this letter to some membered of congress: given the stakes involved and what we learn from our own recent experience, intelligence assessments alone are not sufficient. so it's not confirmed just yet, but if more evidence proofs it true, secretary hagel says the pentagon is ready to give options. we have been given some ideas what some of the possibilities are. >> well, not necessarily the options, shepard. the secretary of state kerry told lawmakers in a closed session that evidence points to syria using chemical weapons a couple of times. about 20 people dead. the u.s. has been pushing the

united nations to investigate for the past month, and assad has refused access to she sight. experts tell us the small scale of which kim cal -- chemical weapons could make it difficult to determine. >> we're still looking at what happened, who is responsible, and the other specifics that we'll need. as to a red line, my role as secretary of defense is to give the president options on a policy issue. that's a policy issue. and we'll be prepared to do that at such time as the president requires options. >> also wouldn't say if the president has asked for options. >> shepard: lots of response. >> lawmakers pushing for action but not al this same action.

dianne feinstein says she worries, quote, president asaud may calculate he has nothing more to lose and the likelihood he will further escalate this conflict, therefore increases. she says the world must come together to ensure the chemical weapons are secured. john mccain says the response should involve every things he and other republicans have been pushing for more than a year. >> that's to provide a safe area for the opposition to operate, to establish a no-fly zone and provide weapons to the people in the recess stan who we trust. >> the president may be pushing for more evidence as an excuse to not act right away or not act at all. >> shepard: what happens next? let's breck in the assistant managing editor of the "wall street journal," which is opened by our parent company.

>> red line, there's some wiggle room. >> varying degree office confidence. this is squishy. there's a story on this, what do you do? as senator mccain said, to people whom we trust. well, who sort of in the rebel groups would be the one to get the weapons from the united states. does the united states have the emotional sort of strength as well as the willingness to spend the money to establish a no-fly zone to do further activities in the middle east that might support the rebels. also the possibility of actually ground action. although it's very unlikely in the case of the united states. so the options span the map. theirs -- this varying degrees of certainty is the issue at hand. >> shepard: they're ryaning us of the iraq war, and then we were sure. we saw a mushroom cloud and all kinds of stuff and yellow cake. >> that's right. the israelis have been fairly certain that some kind of nerve

agent has been used in the past. this could have incredible psychological effect on the rebels. they're as concerned about chemical weapons as the west is. but the u.s. is leaking at syria in the context of iran. syria's ally. it's putting pressure on syria by letting this news out. signaling to iran that perhaps and kind of upgraded u.s. involvement beyond sending 200 trainers to jordan might be in the offing. there's a lot of complex kabuki playing out here and there's varying degrees of uncertainty comment gives the administration additional latitude. doesn't say he has crossed the red line, very distinctly, action is coming. >> shepard: i guess they want others involved in this, the brits and french, others. >> and middle east alleys, we'rely. they don't want to go into some kind of action in syria that's going to further antagonize some of the u.s.' middle east allies. iraq is not exactly a stable

zone. we're withdrawing from afghanistan. there a lot of policy plays at work here. further involvement in syria could really complicate that. >> shepard: john bussey of the wall street journal. >> last week week's explosion in texas was overshadowed in the media, but not for the people who were there and not for the families of the dead. today they get a chance to pay their respects. a live look and the latest on the investigation into that blast on a breaks news day.

>> shepard: 23 minutes past the hour. the president and first lady are about to honor those killed the massive explosion at the fertilizer plant in the town of

west, texas. these are pictures just coming into us from waco, texas. memorial service at baylor university. president obama is arriving right now. he is scheduled to speak an hour from now. last week's explosion killed 14 people. another man died hours later after crews evacuated him from a nursing home. nearly 200 other people hurt. >> doug is live with more at the memorial in waco. i saw the president just arrived. >> yeah, he just stepped into the building. a helicopter landed in the parking lot nearby just a few moments ago. people have been waiting patiently inside the auditorium here for hours now. the place i absolutely packed to the gills. they sent the overflow crowd to the baseball stadium. over 10,000 people. almost three times the population of tiny west, texas. the population of that town, virtually everybody affected deeply by the explosion of last week.

just one poignant example. the newspaper here in waco, reporting, on the justice of the peace in west texas. a guy named david peria, who saw the fire, left his office, jumped into this pickup truck the an attempt to help fight the fire but before he could get the truck into gear, boom, a massive explosion, the windows of his rung broken, debris on the explosion landed on the roof of this truck. it crushed the cab of his truck. he suffered cuts cuts to his ne. days later that same man was asked to retrieve the bodies from the blast site. it would be difficult to, and he actually knew moats of the firefighters. today the nation came to help mourn the lives here. the progression leading up to the arena was unbelievable. hundreds of fire trucks and first responders from little towns all over the state of texas descended on waco here,

and baylor university, and that procession lasted upwards of two hours. a remarkable sight. >> shepard: investigation still ongoing, right? >> yeah. the fertilizer company here, the west fertilizer company, apparently filed a report with the federal government, saying it had 270-tons of eye -- ammonium nitrate. the same fertilizer used in the oklahoma bombing. the blast was huge beyond all comprehension. 350 homes were destroyed. $100 million in damage. and the crater itself was ten feet deep, about 96 feet wide. >> shepard: thanks. updating one of ourstories or breaking stories. the white house for the first time indicating that syria may well have crossed the wed line in the sand and used chemical weapons. we're live at the pentagon where

officials are saying the military is getting ready. plus, america took her children away. the mother of the boston bombing suspects. we'll hear from her and her claims as we approach the bottom of the hour and the top of the news. p beep what?♪ ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do.

>> shepard: this is "studio b." it's the bottom of the hour. time for the top of the news. the pentagon prepared a list of military options for the

president, on word that syria may have crossed the president's red line. that's the word from chuck hagel, who says the u.s. believes with varying degrees of confidence that syria has used chemical weapons. that's not confirmation. not in the same leaving still, lawmakers in congress release statements saying it's time for the united states to take action. it's not that simple. there are still lots of questions about the syrian rebels. the very people would would be supporting. in fact a branch in al i'd in iran announced it has joined force with one of syria's largest opposition groups. jennifer griffin is live at the pentagon. have we crossed the readline? they want to say no. >> the letter from the white house to congress suggests a small out of sarin gas was likely used. this is blazed on fit rolling

cal evidence or blood or tissue samples from the victims. the white house wants more evidence. the letter from the white house says the intelligence community assesses, quote, with dearth degrees of confidence the syrian regime has used chemical weapons on a small scale. chuck hagel appeared to be surprised when he left israel where there were initial reports that chemical weapons had been used. he was asked today about the report that chemical weapons had been used and the letter sent from the white house to congress. here's what he said. >> what was the evidence? >> i don't know the specific evidence. i haven't seen it. >> that's a pretty big caveat. he says he hasn't seen the intelligence suggesting chemicals weapons have been used. is this a redline? u.s. military forces say 20 people were victims of the alleged sarin attack. more than 70,000 have been killed through conventional

means. >> what is the pentagon prepared to do, should this red line be crossed? >> we know the pentagon provided the president with a number of plans for several months. those plans have been on the president's desk for months in terms how to deal with syria, whether to get involved militarily. they include a range of options, including setting up a no-fly zone, humanitarian corridors, air strikes on command and control centers and strikes on weapons facilities, possibly chemical weapons facilities. it was warned it would take 75,000 troops to secure the weapons. and military trainers and advisors are being sent to jordan. >> shepard: good of you. thank you. the mother of the boston bombing suspects says she never should have sent her children to america. she says she thought the u.s.

would protect them and keep them safe. quite the statement about two brothers the feds say murdered four people and injured 250 more. left more than a dozen people missing limbs. both parents spoke to reporters in roche where u.s. investigators have been questioning them. the father says he plans to nye to the u.s. today or tomorrow in an effort to find justice and truth. remember, he and the mother insist the whole thing is a very elaborate setup, with, i should add here, absolutely no facts or evidence to back that up. the fox report's chief correspondent jonathan hunt is with us. the parents got pret -- pretty emotional. >> the mother was asked if she would ever accept her sons carried out these attacks, and said, no, i don't, and i won't, never. she was also highly critical of the fbi and the boston cops and she said she was sorry she ever brought her sons to live in the

united states. >> yes, i -- not in america now. why did i go there. why? i thought america protect our kids, going to be safe for any reason. >> america took my kid away from me is what she says. she says she has not yet decided whether she will travel to the united states alongside her husband, who says, as you said, planning on leaving tomorrow. >> shepard: the accusations from the mom is out there where the trains don't run. >> the craziest of the accusations she made was that her eldest son, tamerlan, was

initially taken alive by cops. >> what have you don with my son? he was alive. why did they need to kill him? why send him to the -- why they kill him? why? why did they have to kill him? they got him alive. >> of course, u.s. officials have said that tamerlan tsarnaev was shooting at them, was throwing bombs out the window of his car. he tied in a shootout with the cops, and after being run over by a car driven by his own younger brother, as he tried to escape, shep. >> shepard: jonathan hunt, thanks. catherine said the surviving suspect told the fbi about the bombings in 16 hours of questioning before he was adviced of his constitutional rights to remain silent and then a judge arrived at the hotel room witha representative from

the united states attorney's office -- excuse me? the hospital room. i meant hospital room. and at sized the suspect of his rights. then he stopped talking. that's the story. let's take this to the judge. our chief judicial analyst. i want to get the facts. the reading of the rights does not activate them? the absence of the reading does not remove them? they simply are. they are rights and, he, like you and i, have the right to remain silent. what's confusing that about. >> nothing. could not have been said more accurately or eloquently. here's what happened. he is being interrogated in a hospital room by -- we don't know how many -- fbi agents and probably some intelligence agents. the time is ticking. he has been in custody 72 hours. the law says you have to keep -- in order to keep them you got to file a criminal complaint with a

federal judge to justify keeping him beyond that time period. >> shepard: 0s -- >> otherwise it's kidnapping ump can don't file a complaint, you have no right to hold the boy no matter what the evidence is. so at the same time the interrogation is going on, another team of fbi agents, presidentially insures downtown boston, are reviewing the evidence and preparing an affidavit for a federal judge. here's the evidence we would introduce in tout. -- in court. here's the crime we believe he committed and we're going to file charge for using weapons of mass destruction, committing murder and destroying property and maiming people. once that is filed that starts another clock ticking, and that clock is, under the federal rules of criminal procedure, when you file a complaint against someone, if they're out there you arrest them and bring them before a judge. if they're already in your custody you bring them behalf judge. if you can't get them before the jump you get the judge to. the this is not rocket science. this is criminal procedure 101. it happens in every courthouse,

state, local, and federal, every day in the united states of america. >> shepard: what is the ruckus? it's as if people think because they didn't read him his rights, he did not he them. he had them. what suggest can is we shouldn't have told him what his rights are. >> that's where they are wrong. the supreme court recognized in the miranda case most people don't know they have the right to remain silent. specially in they is in of government agents shouting out you and demanding you to answer. in order to correct that people don't know, the supreme court said whenever anyone is in the custody of the government, local, state, federal, the custodian of the human being must tell the human being, i'm going to ask you questions and i want you to hans but you have the right to remain sigh lint. when a defendant -- he turns from suspect to defendant at the moment the criminal complaint is filed. when the criminal makes a first

appears, whether it's in a hospital room or courtroom, office is traditionally the case, the first order of business for the judge, to make sure that person did receive the miranda rights, so the judge regives the murder mr. warnings even if they had already been given. there's nothing new about this. nothing ashable about this. i -- remarkable. i need to address the so-called public safety -- that does not last for 48 hours. seems to have come from somewhere in the justice department or the media. >> shepard: someone says it, it comes out of someone's midnight, does not make it true. >> correct. the public safety 'exemption exists for a short duration. you arrest someone and they have a holster without a gun and you say, where i was the gun? the police can ask that to protect. thes and others at the scene of the arrest without giving the miranda warnings. once that person is secured, in police custody, and doesn't have a weapon in his hands, the

obligation to administer the miranda warning arises immediately. not 48 hours later. that's at the law in the united states. >> i'm out of time. how concerned you are when troubling events happen that bring us together as a nation and we mourn in unison, we will go to the extremes of the constitution and sometimes beyond the it -- >> i am profoundly concerned when the evidence of guilts overwhelming and the people are weeping because they have been deeply disturbed and hurt and harmed and maimed and killed, the government will find ways to good around the constitution, and when the government has done that it it has never worked, never brought about safety, only lessened freedom. >> shepard: george' will with us. fascinating column in the washington post-this morning. at washington post.com. >> a great story about a similar event in world war ii and how it backfired on the government. >> shepard: good to sueow,

judge. you have the right. >> you've stated perfectly. >> shepard: all five living american presidents in the same today. takes a big event for that to happen. in this case it was the dedication of the george w. bush presidential library. [ horn honks ]

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>> shepard: the polls rise and follow, supporters come and go but leaders are known by the

visitations they hold. those word from george w. bush at the dedication of his presidential library in dallas. >> wasn't always easy and wasn't popular. one of the benefits of freedom is people can disagree. fair to say i created lots of opportunity to exercise this right but when future generations come to the library and study the administration, they'll find out we stayed true to our cop visitations. >> this is the first time that all living presidents gathered at the first place. the last time in '09 when jimmy cart 'er, george h.w. bush, and bill clinton, and joined george w. bush and barack obama at the white house. today, president obama said nobody can be completely ready for the oval office but it takes a leader willing to face the storm. >> that's what the leaders with whom i share the stage have all done. that's what president george w.

bush chose to do. that's white i'm honored to be part of the celebration. mr. president forks your service, for your courage, for your sense of humor, and most of owl for your love of country, thank you very much. >> shepard: among the artifacts at the library, a piece of steel from the world trade center, even the container of chads from the recount in florida in the year 20. carl cameron if with us from the library. beautiful day in big d. >> lots of poignant moments. memories, and tremendous amount of shared mutual admiration. for george w. bush's part he made it clear with both self-deprecating humor and fairly pointed expressions of his determination, his discipline and his principles, that he hasn't lost an ounce of his optimism. listen.

>> lead a country are as braid and as noble as the united states. whenever challenges come before uss i will always believe our nation's best days lie ahead. god bless. >> george w. bush, 43, the president, getting a little choked up as he said farewell at the dedication to his new library. they're saying anywhere between 400,000 and half million people will visit it annually. >> shepard: everybody making nice. >> sure. president barack obama as a candidate spent much of his time in 2008 saying he would undo what was done bid the meteorologist. and today he talked about george w. bush's character, personality, and the man. watch. >> because he is confident enable his own skin. he doesn't put on any pretenses.

he knows who he is. heatings his job seriously but doesn't take himself too seriously. he is a good man. >> former president jimmy carter, who had been a trough critic of pressure today, praised him for his work in africa, particularly fighting a.i.d.s., and president bill clinton was quick to joke about this contact with the bush administration. he had been told by his mom he needed to keep it short and then said, barbara, referring to former first lady barbara bush, he would try to keep it short, and she was tsking that he was having to much fun going overtime. >> shepard: great to see you. an outpouring of support in the wake of tragedy. folks across the country working to help the victims of the boston marathon bombing. among them students selling t-shirts, and what until you hear the money they brought in. to prove to you that aleve is the better choice for him,

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>> shepard: seven minutes before the hour. a couple of college students out of boston are helping the victims of the attack by selling t-shirts. the guys contactedded a milwaukee based company to design and distribute shirts which read "boston strong." the students say their initial goal was 1500 bucks. as of today, nearly $600,000. nick reynolds reynolds reynoldss with us. news work. how did this come down? >> well, on monday, we were sitting there -- we were about to go down to the finish line with a bunch of our friend, and then we got a text-message

around 2:50 saying to please stay still, don't good anywhere. and so from there we sat in our common room and watched the news and it started to progress. >> the charity is one that is set up by the governor, called one fund boston, and they've gotten 20 million total, which is -- it's not surprising because we always seem to come together with money, but it is really heart-warming. nick, you guys didn't have dreams this grand, i don't think. >> oh, no, not at all. the site is like a kick-starter campaign. so we were hoping to get 110 t-shirts. we would be pleased if we did sell 110 t-shirts, but once word started getting out, people started sharing it and getting out with the hash tag boston strong and if took off. how are they keeping up with the demand? >> it's actually crazy. we have been talking to todd and

jay, the people every day, and they're handling it really well. i know one night they worked through the night. everyone got overtime. and they just printed t-shirts for a full 24 hours. so, we can't thank them enough for putting all that work into it. it's crazy. >> shepard: chris, five buck goeses to the cost of the t-shirt and the rest to the charity. >> what hullly happen was the first 1500 were completely donated to the one fund boston, and then any short ordered after that $5 goes into production and the other 15 will be going to one fund. >> guys, i don't know. how big a life changer has this been for you and uplifting? >> yeah. it's really funny. it's so hard to be in boston, to be less than a mile from the finish line, and we -- for us this was really way of coping. we were feeling helpless watching the news, and everyone

was, and so this was a way that we designed for an average college student to make a difference. >> nice work. for people who want the t-shirt its ink to the people.com. it would be difficult to get a new yorker in one of those but we'll manage. thank you very much.

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>> wrapping up thingness "studio b." the market up in theses but looks like we'll close in the

positive this afternoon, so leave you on a high know. we're back tonight for the evening news. fox report, 7:00 eastern, 6:00. neil cavuto is coming up right now. >> neil: well, now we know, it could have been worse. the boston attacks them guys who supposedly did it had another stop on their hit parade, times square. didn't happen. but could you imagine if it did? and given the relatively subdued market reaction to everything that did go down, could you imagine if a new york attack had gone down? >> what to make off all of that in the city on tender hooks? we go to times square and rick leventhal. >> senior law enforcement officials are not convince thread was a plot. there were no specific plans to