if he comes out i'm going to squeeze him, but not hurt him. thanks for watching tonight. i'm bill o'reilly. please always remember the spin stops here because we are definitely looking out for you. welcome to the very first broadcast of "the kelly file" live from new york where tonight ted cruz is here to tell us what it's like for a senator to be called a terrorist and that's just from his own party. plus -- is the administration intentionally making the shutdown harder on americans than it has to be? the stars of "the five" join us live to talk about it. and to react to the most awkward moment on tv today. and, yes, it involved miley cyrus. plus, after a woman crashed her car into the dar kads near the white house her family blamed post partum depression. now they are challenging the cops. >> why was my sister shot and

killed? >> tonight the family members join me live. and the tape that started it all. >> getting a yes is likely to be the biggest concern of all. no advice for you there except this -- good luck. >> the resumé tape that landed me my job at fox news ten years ago. whoa. >> from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> good evening, everyone. i'm megyn kelly and i'm back. tonight, talk ofs hostage takers and political terrorists in the blame game over the government shutdown with no end in sight. earlier today president obama insisted there is not a single subject he's unwilling to work on, but he won't do it under threat he says. speaker of the house john boehner says a white house officially would ra official says president obama would rather default than negotiate. and who democrats say is pulling

the stripgs. >> to fund the piecemeal bills would give ted cruz a veto power. ted cruz is not the u.s. government. >> senator cruz spent the summer traveling the country promising the tea party the sun, the moon and the end of obama care. >> shutting down the government is pretty radical. we are dealing with cruzites, radical libber taertarialiberta. >> wow. texas senator ted cruz is a republican and our guest tonight. what's it like to be the most hated man in america? >> well, megyn, it's great to be with you. congratulations on your new show. fox news is lucky to have you. i'm honored to have the chance to join you on your first show. >> answer the question. >> look, i think there have been more than a few democrats who were throwing rocks in my

direction. to quote the bard, methinks she doth protest too much. they are throwing every insult they can. most americans don't care about politician bickering. they are looking for people the to solve problems. what we need to do now is what the house of representatives is doing. they are passing bills to fund vital priorities of government. unfortunately, president obama and the senate democrats are re fusing to negotiate, re fusing to pass bills. today president obama went to visit fema. he gave a speech about how important fema is. friday the house passed a bill to fund fema. the president is threatening the to ve to the bill to fund the organization he says is critical. >> he wants to fund them and they do, but they don't want to do it piecemeal. they are stopped from doing it by the house republicans. others say you are pulling the

strings. there is a poll out tonight from politico. shows that your numbers with the american people aren't that great. i will show you. this has been re-eli leased at p.m. favorable, 26%. 45% unfavorable. 29% aren't sure. the question is if you are costing yourself and the gop. >> well, i haven't seen the particular poll you are referencing. at the end of the day it doesn't matter. look, what the democrats are trying to do is make it a battle of personalities. they have engaged the in relentless, nasty personal attacks. i don't intend to reciprocate. why? because what matters is responding to the american people. millions of americans are losing their jobs, being forced into part-time work, seeing skyrocketing health insurance premiums and losing health insurance.

the democrats say they will not negotiate. the house passed eight bills to fund vital priorities of the government. the house passed a bill to fund the department of veterans affairs. what's happening? president obama and the senate democrats are blocking it. the reason the v.a. is largely shut down today is because senate democrats will not allow congress to fund it. i think that's irresponsible, partisan. it doesn't make sense. >> as you know, president obama believes that this is on you, not on the democrats. he actually came out in an interview on friday and had advice for you. i want the to play it for you. >> when i came to the senate, my attitude was i should just keep a low profile in the senate and just do the work. >> the media didn't let you do that. >> the media may not have, but i didn't court themedia. i certainly didn't go around trying to shut down the government. >> your response? >> well, you know, it's

remarkable that the president feels the need to run out of his way the to attack senators in the other party. let me say, you know,s i wish he hadn't been following his own advice in the last month. the president has kept such a low profile, he's been awol. he's not been part of the negotiations. he's been refusing to even talk to congress. he finally invited congressional leaders to the white house. he said, you are here because i want the to tell you, i'm not going to negotiate. that's not reasonable. it is important to stress, megyn. there are eight bills the house passed that are sitting on harry reid's desk in the senate. >> you mentioned that. >> reid won't let a vote happen on those. what we have is the republicans trying to blame democrats and democrats trying to blame the republicans. i think the republicans watching this debate worry, to some extent. some think you are standing on principle and they love it. others worry you are costing republicans the one body they now control.

there was a p.p.p. poll, democratic-leaning organization that suggests 24 house republican seats are vulnerable. the democrats only need 17 to the take control of the house. they don't want to win the battle and lose the war. is that what's happening here? >> let me say two things. number one, the fight we are en gauged in now is the most important fight for republicans to win politically in 2014. look at the past four elections. three of the last four, 06, 08 and 12 were disasters for republicans. they were years in which we stayed quiet, went along to get along, didn't stand on principle. the only year that was good for republicans was 2010 when we painted in bold colors, not in pale pastels. we stood for principle. winning this fight now is the most important thing we can do to see significant victories in

2014. let me make it clear. there is a natural instipgt for someone watching the impasse to say, well , both parties are at fault. the problem in this instance is you have the house of representatives that's repeatedly compromising. it compromised on obama care, starting from wanting to re peel it to defund it to delaying it to just delaying the individual mandate and the congressional sbe exemption. when you have one party refusing to talk that leads to the problem. >> i want to ask you before we go, at this point with the government shut down and another fight looming over whether to raise the nation's credit card limit what do you consider a victory? >> i think a victory is if we prevent some of the enormous

harms obama care is inflicting on millions of americans. what we need to do this week is fund government's vital priorities. the v.a. launched a national website. fund our vets.com that says regardless of what you think of the shutdown, veterans should be a bipartisan priority. we ought to fund the vets and honor our commitments. if we take care of vital government priority this is week and going forward that will be a victory for the american people. >> senator cruz, we are honored to have you as the very first guest on our inaugural broadcast. we are grateful to you. thank you, sir. >> great to be with you. >> all the best to you. next, we'll sit down with the family of the woman who terrorized capitol hill last week. i will ask them why they think she led police on the chase that left her dead and her baby without a mother. and why they are now blaming the cops.

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tonight on "the kelly file," details on the woman who led police on a wild car chase at

the capitol before she was shot and killed. was she a mad woman looking to harm the president or just a mother struggling with post partum depression. in minutes her family members will be here. fist a look at her recent behavior. >> the family says the 34-year-old from connecticut had dreams of higher education, possibly teaching. days ago, that all change ed. carey say after giving birth to her daughter she was diagnosed with post partum depression with psychosis. her doctors put her on medication but she was reevently reducing it under her doctor's care. last year her boyfriend called police twice claiming carey was acting irrational and putting their infant daughter in danger. when police showed up carey said president obama had placed her town on lockdown and order erred her home electronically monitored. investigators now believe she was delusional.

the associated press reports cops found medication in her apartment used for bipolar disorder and schizophrenia but the family say carey never appeared unstable. they are questioning the use of deadly force against her. >> why was my sister shot and killed with her 1-year-old daughter in the car and she was unarmed? why? my mother deserves to know why. >> joining me now amy carey joe jones and valerie carey. valerie, that was you in the sound bite asking questions of the police. given what we saw last week with her erratic driving and threatening officers -- at least that's how it was reported -- why do you have questions about the police behavior? >> well, there are many questions that can be raised here. you see vehicles that have

massive damage yet my sister's vehicle doesn't have damage. there's questions. any logical person can look at what's being presented and ask the question. >> the reports are that she tried to ram a white house barrier, struck an officer, drove almost 80 miles an hour through red lights, gave chase when officers pulled guns on her, hit a police car, took a u-turn from a security facility and was speed ing toward officers who opened fire on her. given that, amy, do you have questions as well about why the police open ed fire? >> yes, i do. a lot of that footage is showing her actually trying to flee the scene. we don't know from point a to point b exactly all the details that made this transpire. one question is when was she

shot and how it happened. i have been in my sister's car. it's a two-door sedan, very tight in the back. you have to get into the car in order to get the infant out. when the baby was carried away, was she then shot again? i have seen some type of interview online as others when you google and research that there is an eyewitness saying she was actually able to see from a window the incident happening. the baby was carried from the car and then they continued to shoot. that sounds like an execution to me like the car was contained. why was she shot? it doesn't add up for us. we are seeking answers as to the truth, as to what happened so they can make sense. >> i know you are a retired police sergeant with a background in law enforcement. many pointed out in d.c.

tensions are high and police and security worry about a car that's out of control and not responding to officer commands. can you understand that piece of it? >> i can totally understand that piece of it seeing that i was a new york city police sergeant and a police officer during the time of 9/11. tensions were high. >> i can jump in, megyn. >> absolutely. >> that's a red herring. our position is because police training is what it is. doesn't matter if it is a high value target. you don't use your constitutional rights to operate freely in this country. that's what happened here. if we are going to use it as an excuse for police behavior all of us have no rights because there are high value targets throughout the united states. >> let me ask you that. this is the first time we have seen -- that i have seen you and i appreciate you being here. is there a potential legal claim

you are considering here? >> we are going to investigate these claims. we are not going to go by the official version. we'll put together a shooting team as well as look at the body of miriam carey to make sure the reports they made is consistent with what the evidence will be or they claim it to be. >> is there a lesson for folks on post partum depression with psycho sis? is there something you feel she or her doctors could have done differently? >> we are not sure she was unstable when she drove to d.c. it's questionable why she got there. we are trying to focus on what happened when she got there. women suffering with postpartum depression and they seek treatment. they are stable. miriam held a b jo. she gave dental care to patients

she had a day-to-day activity like everyone else. there were no signs of delusion. she was fine. >> thank you for being here. condolences on your loss. >> thank you. >> some angry americans tonight are asking whether some in washington are trying to make the government shutdown more painful than necessary just to score political points. the hosts of "the five" are here live with me in a couple of minutes. you know that will get good. plus, dramatic developments in the story of the bike gang that attacked a driver on a new york highway. and one big legal question. did this happen thanks in part to a judge who recently went very easy on the guy with the helmet? kelly's court is back. @?? customer erin swenson ordered shoes from us online

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just a few hours ago we heard from the hospital that indy car driver dario franchitti is recovering from a concussion, spine injuries, a broken ankle and two broken ribs, all from a dramatic sunday crash now seen by millions of americans. several spectators were injured. tonight on "the kelly file," new video of what it was like to be in the crowd and witness the crash firsthand. trace gallagher live from los angeles with more. >> remember as you watch this video that these are open cockpit race cars. dario franchitti's head is exposed the entire time. this happened in houston at the grand prix. you see the crash right there. franchitti was on turn five there. his right front tire got caught in the left rear tire of the car in front. you can see him smash into the catch fence there. two other cars involved. both drivers walked out of the

cars. you saw it in slow mo and fast mo. look at this from the fanrspect of the crash fence. listen to the crash itself. [ screaming ] [ bleep ] 15 fans were injured, none seriously. this is the man who took the video from the other side of the fence. listen. >> it was literally like a massive explosion had gone off. it was like confetti. it was like it would be rained upon our heads, our shoulders. it's lucky they were so small that it was mainly superficial wounds, but it felt like literally there was an explosion in our face and we were hit with rocks and stones. >> can you imagine burning confetti? that was the worst crash involving spectators since this

one in february in daytona when larson crashes into a catch fence injurying 28 spectators. the wrecks continue to draw attention to crash fence technology. many say they are dangerous to fans as well as the drivers. look at this fence after the day toe that crash. here is what dario franchitti posted on twitter directly after the crash back in february. he said, i'm quoting, it is time indy car, nascar, other sanctioning bodies and promoters work on an alternative to catch fencing. there has to be a better solution. fe kwr indy car and nascar is how do you protect all the fas s in the standing and give them a chance to view the race. >> that's a question. good to see you. >> good to see you. welcome back. welcome to primetime. you look great. the set looks great. it's got to be exciting for you. >> good to see you. i haven't seen you since i

returned from my maternity leave. stay tuned. we'll have a picture of thatcher later. >> i'll be here. >> i can e-mail you. we're friends. why spoil the fun? coming up, the question in washington, is the shutdown harder on americans than it need s to be? the cast of "the five" is next and the most awkward moment on tv which, shocker, involved miley cyrus. she's at it again. in the running for most awkward moment, this. for the first time on broadcast television, the video that landed me my first job at fox. check it out... over 20 million drivers are insured with geico. so get a free rate quote today. i love it! how much do you love it? animation is hot...and i think it makes geico's 20 million drivers message very compelling, very compelling.

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the entire cast of "the five" is sitting here. this is exciting. look at all that star power. first from washington, new questions about whether the white house is making the government shutdown more painful than necessary in order to score little bitle call points. our chief white house corporate ed henry is up late at the white house for us. hey, ed. >> good evening. good luck with the show. obviously the question, is this a campaign of pain to try to dramatize the damage that the shutdown is doing? there is an elderly couple in nevada that's concerned their home on lake mead will be taken away because it is on federal land. in fairness this is a vacation home so the lease says they have to have an alternative residence in case something pops up. remember the world war ii memorial, when that was shut down the veterans raised a stink and there were accommodations made so at least some could get in to see it.

right now all national parks and memorials are are shut down, even though part of the criticism is coming from republicans showing this photo from 1995 during a previous shutdown when you can see the lynn cop memorial was open for business. i pressed jay carpy on the latest example of this which was the amber alert website going down this weekend. he acknowledged the website did go down but the system never went down itself and there was no ill intention here. he said it is ridiculous to say they are trying to i flikt more pain on people. he said it was a furloughed justice department employee who came back to work just to get the amber alert website up to make sure no chirp were harmed or anything. an employee coming back to work late at night, like you, megyn. >> sounds familiar. thank you, ed. here now to weigh in on the shutdown and more, the co-host of "the five." kimberly guilfoyle, an degree i can't tantaros, dana p erino and

bob beckel. we'll have to pick on gutfeld. >> he's visiting his mom. >> oh, hi, mrs. gutfeld. is it possible they are trying to make it harder than it needs to be? >> sure. maximum shutdown pain available. president obama -- first of all, this feels like "the bachelor" here. >> in three ints i will ask you if there have been hook-ups among the cast members. >> oh, lord. >> i'm getting married. >> i will think about that answer. >> the go ahead, eric . >> congratulations on your wonderful new show. looks fantastic. >> thank you. >> yeah. maximum shutdown pain available. close an ocean, have the amber website ego down for a while. bring in a furloughed person to

change it. >> like the memorials weren't shut down during the last shutdown. the open air ones you can access with your feet or your wheelchair weren't shut down. now they are. >> did you say close the oceans? >> he closed the oceans. >> said that already today. >> dana, back me up. he closed the ocean for a while. >> you missed it when bolling said that. >> i have been on ma american ti leave. have they changed the ocean? >> are they trying to inflict pain or is it just the government getting it wrong? a little bit of both. they showed up at mount vernon which they didn't know was privately funded. they brought in sandbags to shut it down. turns out, can't shut it down. >> humiliatinhumiliating. >> all you conservatives, there's one answer. if boehner had the guts to bring the c.r. to vote on monday or tomorrow, fine. then you have pain inflicted. >> what do you make of ram

emmanuel never let a crisis go to waste? >> republicdemocrats are up 15 . that's no waste. the republicans don't understand it. they want to continue to go because -- >> bob, the republicans have passed bills to take care of all the pain. >> we have seen that strategy before. >> democrats want the pain to happen. >> they are losing in the polls. the latest poll shows the gop is hurting more than the democrats and president obama are when it comes to the issue. they are blaming the republicans. so what's the end game? does it work out for them? >> it's a blame game so far. we'll see if the trend continues. they have to make a decision as to wlrhether or not to hold the position or get a compromise that will be acceptable to constituents. >> the tea party folks say god bless ted cruz. it's about time somebody took stand. we don't care that the party faithful don't like him. i have to move on to important matters. miley cyrus made the news while

i was out. i'm interested to know what you think, a, of her behavior. there are a lot of beautiful women on the panel. b, of this assertion she made -- >> wait -- >> wait your turn. >> and this assertion she made to matt lauer. awkward. >> the sexual side of you we are see ing a lot of now. is it something that will be here for a while and move onto something else. >> i heard when you turn 40 things go less sexual. probably around 40. i heard that's when people don't have sex anymore. i guess maybe then. >> do you know how old i am? >> i will guess 40. >> 55. >> then you're definitely not sexual. >> what's that about? bob loves it. >> she clearly did you want know -- >> i have no comment on that, miley. >> let bob take it. >> they asked me not to say

anything about this. this woman who dapss like she's a cheerleader for a prostitution ring tell ing me you don't have sex after 40? i have no comment on that, none. >> except the one i just made. >> bob gets tickled over this miley situation. it's sad. there may be a mental health issue going on with her. you see her behavior and she's starved for attention. it's more than the mickey mouse club gone bad. where are her parents? she needs help. it's sad. >> i thought some of her transitions from hannah montana to the sexy girl, fine. that's part of people's sexuality, personality. it's gone to this just in your face -- >> bizarre. >> right? it's making people uncomfortable. >> i remember when she came to the easter egg roll and she would be perform ing as hannah montana. everybody that worked in the white house, their kids wanted

to come to the easter egg roll for hannah montana. i didn't know who it was. i barely uh know who she is thousand. i think about the interview and how awkward it is for matt lauer to ask it. i really don't care what she does the, but clearly it's selling something. >> can i say for the record there was a study that said sex becomes more satisfying for women after 40 but it might be because they don't want it and aren't having it so that's why they are satisfied. >> what about men? >> who are they looking to in order to have the sex? >> i will let you know when i hit 40. >> that was my answer. >> let's get to the nitty-gritty of the five. have there been hook-ups? >> bob and i don't like to talk about it. sp. >> years ago when he was still drinking. >> eric is married to a lovely woman i tried to pick up.

>> does anybody not get along? >> it's a family. >> we bicker. >> everybody fights with bob. but he likes it. it's a weird psychological condition. >> it's the best chemistry. i'm an alcoholics anonymous and we have a thing about a grudge carrying more than a day. we don't let it carry more than a week. >> more than a segment. >> there is an issue. we have a new term being beckeled. do you know what that means? you tell him something on the commercial break. the first thing out of his mouth no matter the topic, he tells the story. >> can i beckel bob on the miley cyrus thing? bob said sex over 40 gets better and he has a lot of it. >> oh, i didn't need to know that. i wish i -- >> too much information.

>> speaking of which -- >> like you had with these guys when you were white house secretary for president bush. >> i never anticipated this fantastic wonderful opportunity. i didn't know what i was going to do. i tried to do the traditional route at the p.r. firm. it really didn't fit for me. i hadn't met several of the people when we sat down to tape the pilot for the five. i never had met greg before that day. he said he asked me to be on red eye. >> at least pretend for his ego. >> does president bush watch the factor? >> the factor? the five? >> "the kelly file"? >> i'm trying to get it going. >> the 41's watch the five. >> did you know kimberly had a colonoscopy? >> everybody should.

>> you have to do it for your health. >> exactly right. >> before i went umpbd the guy talked to me about bob. when i had my baby and they're like, i'm a huge fox fan. your bottom is enormous. >> tell your husband he did a lot of hard work and i appreciate that. >> oh, my god. he can hear you. he's here. >> i don't know. this is getting out of hand. i have to go. see you at 5:00 p.m. eastern. >> congratulations on the show. >> thank you for being here. still ahead kwoez kelly world exclusive. for the first time on fox news you will see the tape that landed me my first job here. why? you may wonder what they were thinking hiring this woman. we'll look into it. up next, if cops are charging

the driver then why is one of the motorcyclists suing the man behind the wheel? night court is back next. up in alaska, we find the best, sweetest crab for red lobster that we can find. if i wouldn't put it on my table at home, i wouldn'bring it in. [ male announcer ] hurry in o crabfest at red lobster, the only time you can savor three hearty alaskan cb entrées all under $20. like snow crab and crab butter shrimp for just $14.99. or our savory crab and roasted garlic seafood bake. my name's jon forsythe, and i sea food differently. [ male announcer ] go to redlobster.com now to get free crab-stuffed mushrooms with two dinner trées.

she took an early spring break thanks to her double miles from the capital one venture card. now what was mrs. davis teaching? spelling. that's not a subject, right? i mean, spell check. that's a program. algebra. okay. persons a and b are flying to the bahamas. how fast will they get there? don't you need distance, rate and... no, all it takes is double miles. [ all ] whoa. yeah. [ male announcer ] get away fast with unlimited double miles from the capital one venture card. you're the world's best teacher. this is so unexpected. what's in your wallet? this is so unexpected. they're the days to take care of business.. when possibilities become reality. with centurylink as your trusted partner, our visionary cloud infrastructure and global broadband network free you to focus on what matters. with custom communications solutions and responsive, dedicated support, we constantly evolve to meet your needs.

every day of the week. centurylink® your link to what's next. trust your instincts to make the call. to treat my low testosterone, my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant

and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased d blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about the only underarm low t treatment, axiron. kelly's court is in session on the night docket tonight. new information on one of the bikers suspect maryland the violent attack on a new york city family in an suv. we are talking about the guy seen here slamming his helmet into the window repeatedly.

just months ago he was arrested on drugs and weapons charges but the judge and prosecutors let him walk with a slap on the wrist. he's not feel thing the love for the legal system, as you can see here. yesterday he's flipping the double bird while inside the courtroom as he was being charged. that's respectful. >> joining me now arthur aydala. great to see you both. >> what's happening, your honor? judge kelly's court. that's where the fun stuff happens. >> you would know. we had that segment already. arthur, what's the story with this guy with the double finger in the middle of court. he was let go by some judge who gave him a slap on a the wrist for what? >> it's a brooklyn case. judge suzanne mondo who is an excellent judge. she was chief of the homicide bureau. she put a lot of bad guys away.

she had nothing to do with this. the d.a.'s office inherited an i arrest. they put the case in front of the grand jury and the grand jury did what we call blew it out. they didn't charge him with the gun, with a lot of things he was found with because it was a bad, bad search. >> the district attorney dropped the charges. that's what happened? >> no, no. arthur, no. the district attorney could have charged him, didn't charge him. i don't blame the judge. by the time it got to the judge all she was left with was a plea to fourth degree minor possession of marijuana. when he was arrest ed on a lawful execution of a warrant there was a loaded pistol he said was his. there was cocaine. he was charged with eight counts and all he got away with was a misdemeanor the and no jail time. >> 25 years in prison was not brought. he was on the streets. his license suspended.

he was driving his motorcycle. you can see the respect he has for the judicial system and fellow motorists. another one of the motorcyclists who was out there. it's the one who got run over by the suv guy. that's the one who was most seriously injured. his spine is broken in two places. he hired gloria allred. >> she's a victim's advocate. it will be all public. in this country it's america. anyone has a right to sue. will a jury award him anything? no. he was not an innocent victim. he was part of this. he department cause the whole thing but he was part of it, arthur. >> lee, you are filling the role of a jury. you can't see. >> that's him going over. >> he's there with the guys is. >> mere presence doesn't make -- >> oh, arthur. >> let him finish. arthur. >> if he's sitting on the bike doing nothing and one of his friends got hit and he looks to

see if his friend is okay and he nails the gas and runs over him he has a viable lawsuit. >> will it come into evidence that this man -- my heart goes out to him. look at the condition he's in. >> right. >> if he was harassing the suv driver, obviously that's relevant. but he has a long criminal record. 15 criminal offenses, cocaine, possession of a firearm. >> exactly. >> stolen property. arrests, several motor vehicle violations. does it come into evidence against him? >> that will all come in. >> how? >> we are talking about a civil trial, not a criminal trial. by the way, arthur, he wasn't sitting there doing nothing. he was on the bike with the rest of the guys that started this thing. 2-year-old daughter in the back seat. >> i see him in a different position than the ones beating the suv. those guys followed the driver and harassed him and tried to beat him which some of them did.

>> so -- >> this guy's case will be i was just slowing down, looking for my friends. the guy ran me over. >> there will be a finding of fact by the jury over what he was doing. here's the thing. his attorneys who will be representing the insurance company will say there is something called the mrnl doctrine. under those circumstances where there is ap emergency you are held to a different standard of care. would someone in that situation react the same way and i think a jury will say, yeah. if i'm with my 2-year-old and my wife and i'm surrounded i'm going to gun it. >> just to be clear the person who has the emergency is the driver of the car. >> you guys are agreeing. >> we agree ? >> scary. >> a nice happy note to end on. for viewers not familiar with kelly's court, very rare. thank you. see you, panel. >> thank you.

>> tonight a "the kelly file" exclusive because nobody else wanted it. you will see the tape that started it all for me at feox news channel. like us on our new facebook page. facebook.com/thekellyfile. tweet me your ideas.

that was a clip from fox

news's first broadcast 17 years ago today. seven years into our tenure i started with the fox news channel. in honor of that we decided to show you a little bit of the tape that apparently dazzled the bosses. >> the mood in court this afternoon was serious as police chief -- >> she showed up flanked by attorneys. they told the court she's cut a deal. >> police say what happened was a car jacking, a police chase and then a shootout right here. >> for at least an hour now people have been gathering here at the white house to pay tribute to former president ronald reagan. >> allegations of murder, misconduct. the case has it all from the untoward to the unexpected. >> wow. i looked a lot younger. not as happy. it's been a great ride these past ten years. very exciting this month and week to be starting this new adventure. my friend sean hannity was in this spot and is now coming to you at 10:00 p.m. eastern. tonight he'll bring you a

special panel on the government shutdown. in three minutes the new addition to my family. i will introduce you to my sweet little guy. stay with us. customer erin swenson ordered shoes from us online but they didn't fit. customer's not happy, i'm not happy. sales go down, i'm not happy. merch comes back, i'm not happy. use ups. they make returns easy. unhappy customer becomes happy customer. then, repeat customer. easy returns, i'm happy. repeat customers, i'm happy. sales go up, i'm happy. i ordered another pair. i'm happy. (both) i'm happy. i'm happy. happy. happy. happy. happy. happy happy. i love logistics. was a truly amazing day.ey, without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers. you can find it all on angie's list. join today.

so she could take her dream to the next level. so we talked about her options. her valuable assets were staying. and selling her car wouldn't fly. we helped sydney manage her debt and prioritize her goals, so she could really turn up the volume on her dreams today... and tomorrow. so let's see what we can do about that... remodel. motorcycle. [ female announcer ] some questions take more than a bank. they take a banker. make a my financial priorities appointment today. because when people talk, great things happen.

so i have been out for a few months on maternity leave after the birth >> i have been out for a few months on maternity lead after the birth of my third child thatcher. he joins his big brother yates and his big sister yardley who have been terrific with him. there's my little man. i wanted to thank all the viewers who sent gifts anticipate beautiful messages these past few months after he was born and even after the announcement of this show. i couldn't always respond, but i was anticipate i am very grateful for your support. so is my husband, doug. we thank all of you for the good will and the good messages. if you would like to offer thoughts on the program. we're taking them. or you can send me a tweet@megankelly. we're going to incorporate a lot of that social media into this program. we'll use your suggestions and questions.

believe it or not i do read them. i check them out and i personally respond to a lot of the tweets. so follow me at megan kelly and we'll continue the conversation. thanks for watching, everybody. we'll see you tomorrow right here on "the kelly file." tonight on this studio audience edition of "hannit tonight on the "studio audience edition of"hannity." this rowdy group are going to be under one group to tackle the topics of the shutdown and the debt limit. >> he know what is my phone number is. all he has to do is call. >> game on. >> they're no, siring the american people to buy a product they do not want and cannot afford.