o'reil o'reilly@foxnews.com. and i used this word on a police officer, i said don't be a jackanaps, almost putting on cuffs. thank you for joining us, remember, the spin stops here. so we're definitely looking out for you. breaking tonight on the kelly file, one of the worst stories of shutdown shame. >> the families of our fallen soldiers now being told there is no money to bury those who died fighting for our flag. and wait, it gets worse. plus, in another slight to our military, world war ii vets told they were not welcome here. but look who was. >> nancy, did you visit the vet memorial today? >> not yet. >> are you going? >> so how could all of these people go to an immigration rally on the very same piece of property they were barricading last week? we have exclusive film inside

the rally, wait until you see what he found. plus, what is a cop without his gun? we'll soon find out as yet a group of officers is being asked not to carry their guns, we'll tell you why. >> from the world headquarters of fox news, it is "the kelly file," with megan kelly. >> good evening tonight, i'm megan kelly, families of the u.s. troops who made the ultimate sacrifice dealt with what could be the ultimate insult, all because they were killed after the government shutdown. at least five families so far were told they would not be getting so-called death benefits to help to pay for their funerals, the travel of their family members and more. they include the family of 25-year-old sergeant patrick hawkins. his mother telling us today she wanted him to be remembered as honest, brave and a hero.

24-year-old special agent joseph peters, private first class cody patterson was just 24 years old, remembered as someone who would have been successful at anything. marine lance corporal jeremiah collins, junior, and jennifer o mor o moreno. and duncan hunter, a member of the armed services committee and is himself an iraq and war veteran. representative hunter, good to see you, i know you served three tours of duty, we thank you for your service. how did this happen? >> megyn, here is what happened. i want to take you back to 2004, the iraq war was going on, i was in fallujah, and they were sending money to bring back the dead soldiers in rented car go airplanes, there was an iconic

picture of these being forklifted out of dover, delaware. that is the type of decision they make. they said you will no longer do that, they will have a military escort back to their hometown. so fast forward nine years, here is what happened. this is a boneheaded decision that dishonors our fallen brothers and sisters. it breaks the trust with the men and women who served on the front line and are forgotten because of the shutdown. by the way, megyn. thank you so much for doing this. i'm glad you're talking about it. it is unfortunate that we're talking about this issue, but great to be on your show. >> and it is great to have you, we have the service that you paid, and with all that you offered. but this seems like a meanwhile fing -- middle finger to the families

whose family member died. there was a heated letter to the secretary of defense asking secretary hagel how this could have happened, accusing him and his department of a careless legal representation, saying this was a matter of choice for them, which they deny. >> here is a problem with this. on the 28th of last month, pre shutdown, it passed through the house, the senate signed it on the 30th of last month. that does cover this. we're not actually stupid. we saw this coming. that is why we passed this bill. this is an on-purpose, in-your-face middle finger to the military families, as you so he wi eloquently put it.

they are being careless, and this really reminds you of them sending back bodies in cargo planes so they could be forklifted, instead of with an honor guard, the way the military should have been treated. >> they're not going to get their funerals -- >> the family doesn't get to fly to dover. if they pay out through their own dime. >> and this is happening tomorrow, without the money, unless a private contributor steps in, looks like this may happen now, the families are not going to be there at dover. >> think about this, too, your loved one is serving, you're barely getting by, things are expensive at camp pendleton and san diego, because it is san diego. you no longer have your sole breadwinner, you will be living without pay. you have kids. that is the situation that the government is putting these guys in, and families, and it is pure

bureaucracy. it is shameful and embarrassing. they need to change it immediately. that is what needs to happen here. it needs to get changed tonight. chuck hagel should say look, it is fixed. otherwise, congress will pass it through the senate, that takes three or four days. that is days that t s families e it, what is expected. they need to get it right for a change and quit making stupid bone head mistakes. >> the representative said we have had a number of people die, and we'll be able to pay them, they will get their money just as soon as you get your act in order. he is putting it back on congress. the dod is putting it back on congress, they came out and said that congress was warned prior to the shutdown that these benefits would be stopped, that even despite your effort to legislatively head this off, your legislative effort only

prects the service men and women and not the families. and that you blew it, because that was a loophole and you should have seen this coming. >> i'll tell you, let me take off my congress hat and put on my marine hat. that statement sickens me, here is the reason why. we explicitly asked of this would be covered when we passed the law that pays for this. and they said yes, this is dod trying to cover their own tail on this, they made the wrong decision and they need to fix it. there should be pressure from every single american and news channel and congressman that dod gets this right. because there is no better person than that person who gives their life for this nation. and it is saddening, depressing and embarrassing that dod would try to stick by this. because every day they wouldn't admit they're wrong, families are getting dismissed. >> and i know as you say, you could say them in your letter of

inappropriate judgment, you say they're deflecting responsibility for this. why would they? one would think the department of defense would want to honor them as the rest of the country does. >> why would they send back bodies in rented cargo planes that were not even military planes, why do they buy $80 toilet seats? the reason is they make bad decisions sometimes. and this is one of those decisions, instead of admitting we got this wrong. we're fix it. for some reason they are digging their heels in. i'm not sure why, frankly. it is very easy to say we have three other lawyers here, we can do it, let's just pay it. they can could do it tonight. literally tonight, this money could be wire transferred in the morning to these families. it is that easy for them to fix this. they don't have to wait for congress. >> you know, sergeant patrick hawkins who we talked about in

this section, died to help a fallen comrade. the irony, given what happened there, and to his family, is stark. thank you. >> thank you. >> oliver north is here and very unhappy. he views this as the responsibility of the president as part of his duties of commander-in-chief. but is that fair? we'll have much more on the fallout with the lawmakers and what they're feeling on capitol hill in the wake of this. also tonight, an 18-wheel revolt, truckers are vowing to go to congress, and wait until you hear what they will do when they get there. and up next, at an immigration rally, where thousands turned out to the place where they shut out the world war ii vets two days ago. >> i have no idea why the gates, the illegal aliens who sit in

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. first on the kelly file tonight, exclusive video raising tough questions about how the administration is handling the partial government shutdown. thousands freely showing up at

an immigration reform rally on the mall, despite the fact that this area is technically closed. the lawmakers thanked the administration for making it all possible. this is just a week after world war ii vets found themselves shut out of a d.c. memorial built in their honor. today, a filmmaker went to the mall to find democrat house minority leader nancy pelosi joining the demonstration. and some veterans at the memorial were very upset. here is a first look at some of what he recorded. >> nancy, did you visit the vet memorial today? >> not yet. >> are you going? >> i go all the time. >> are you going today? >> i go -- >> nancy go today, make sure they can get in, okay? >> i don't go to grand stand -- >> you don't? so what is today, is today a grand stand, nancy? >> i'm appalled at what i see,

with the world war ii vets come in, and are basically shut out from coming in to see this memorial which pays homage to the veterans that died. serving our country. and nancy pelosi and her bunch right across the yard have hundreds of thousands of illegal aliens over there, that they're glad-handing on a scale of one to ten. i am upset out of ten. and in fact, ten doesn't even reach where i'm at. >> dennis lynch, a documentary filmmaker who captured the video. he is also the creator of "they come to america.com." thank you, they hear the man's outrage. you can see why he is so upset. a week ago we have the world war ii vets facing a barricade to get to the memorial. and today it is welcome, and thank you president obama for making it possible.

the guy really touches on the anger it sounds like you encountered today. >> yes, megyn, and thank you. i will tell you today what i saw was not only sad, it was despicable. and you're rolling back to last week, i've been here all week and i'm telling you it has only gotten worse. today, i watched thousands of illegal immigrants just walk right through the mall. nobody stopping them. no gate -- actually i'm wrong, there was one gate with a sign that said "don't come in." but when you went to the memorial, the gates are still up. american citizens are standing outside those gates filming from outside. they're still not getting in. the only way you could get in was the entrance this big, that a wheelchair could go through. it is disgusting, megyn. >> but that is interesting, so the gates are still up outside the world war ii memorial. it was not just democrats, we should point out there were bipartisan lawmakers there ra y

rallying today. but listen to what nancy pelosi said today because she anticipated people would see a difference in treatment between those protesting in favor of immigration reform, and those there to see the world war ii memorial, listen in. >> i want to join my colleague who thanked the president fwho helped us gather here, and also the veterans who gathered for the world war ii memorial. >> what is she talking about? >> she is delivering a bunch of baloney, like the president did. there is no leadership, americans have had it. i hear it every day, thousands upon thousands of people, truckers, bikers, everyday citizens, saying what happened to this country? today is a perfect example. you're behooved to be illegal versus legal. look at this, i can't tell you

how many park police there were today. this cost an abundance of money to allow these people in. and look at the story you just did before i came on. this is a problem that needs to be solved. and i watched your show last night. you said to senator cruz that he is the most hated man in america. let me tell you something. that man has to stand his guard. you introduced me as a filmmaker. but i've been an entrepreneur my whole life. two things i know, megyn, i know immigration and i know business when it comes to obama care. the perfect storm is brewing, if you have an amnesty and you have obama care, you are talking about the catastrophe to the american worker, so cruz has to stand his ground. it only gets worse with obama care. what i saw happen today with these illegals being able to come in.

and by the way, don't throw the stone at the illegal. throw it at nancy pelosi and obama for letting these people allowing it to happen. >> what i saw is -- >> they're allowed to go on the national mall and go to any other property and make a protest and ask for the result that they wish to see. but the question is, is there a double stand here? and is the administration giving out special favors for those who are its allies, and whether it is trying to make a special point against others to try to underscore the damage of a government shutdown, in other words, show how bad it is to the world war ii vets. that will get people outraged against the republicans, but open the gate for the national mall to let them make a bigger point for immigration reform. >> megyn, i've been here for days, today, there were two signs that said closed to the memorial. okay? and meanwhile, we're inviting

all the illegal immigrants, just come on in with wide open arms. this is why you're going to be talking about truckers shutting down the beltway. americans have have it -- had it with the lack of leadership that is taking shape in this country. and i'm telling you right now, megyn, i'm telling you that you will see bikers and other americans just creeping, coming into d.c. in droves. i know it sounds crazy, but if you thought there were a lot of illegal aliens today, you wait, americans are coming. >> thank you for being here. >> megyn, thank you. >> for those who didn't see the broadcast on last night, ted cruz was the most hated guest, the response to the heat he has taken from democrats and even some in his own party. the stand he is taking, he is standing on principle, others say it is not helpful.

anyway, ahead, the twist on the growing outrage, the pentagon says there is no money to bury the families, if they want to bury their bodies, they have to do it themselves or with charitable donations. but even if they find the money, how bad is this of a pr nightmare for those responsible? we'll have a panel on the ultimate insult in moments. and police complain across the country on a new policy forcing them to give up their guns, just when the going gets a little dicey. that story is next. the american dream is of a better future, a confident retirement. those dreams, there's just no way we're going to let them die. ♪ like they helped millions of others. by listening. planning. working one on one. that's what ameriprise financial does. that's what they can do with you. that's how ameriprise puts more within reach.

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tonight on the kelly file, we are following a developing story after the nfl makes a controversial call and it has

nothing to do with the players on the field. instead, it is targeting off duty police officers saying their duty to serve and protect ends when they enter the stadium. trace gallagher live from the west coast studio, and who is not happy tonight, trace? >> reporter: yeah, megyn, the police are not happy when it applies to every stadium in the country as well as applying to every off duty police officer in the country. we're talking about local, states and federal. the nfl actually made this policy on september 11th the internal memo of the police department made public just this week. now, we contacted the nfl, and here is the reason. put this on the screen. they're saying off duty cops are unknown to working police officers. there are some 250 working police officers for every game, that they have not been briefed or participated in the game day law enforcement plan, and that they're not bound by the on-duty policies like restricting the use of alcohol. the nfl goes on to say, i'm

quoting here, it is the opinion of the league that the interest of public safety is best served by limiting the number of weapons inside stadiums to those required by officers that perform specifically assigned law enforcement working functions and game day duties. but many police departments point out that police officers in a lot of areas are required to carry their weapons at all times. here is a spokesperson for the cleveland police department. >> a policeman is never happy to give up his service weapon, especially when we have the right to carry it 24/7, seven days a week. we're upheld by our oath to protect and serve the public. >> and as many know, they implemented a plastic bag rule this year where everything you bring in a stadium has to be in a clear bag. we should point out that a lot of these stadiums are publicly owned. so it is unclear going forward if the nfl may face legal

obstacles in this new policy. >> trace, thanks. well, just when you thought it couldn't get any worse, the latest piece of shutdown shame may take the cake. the pentagon tonight is telling the families of troops just killed in battle that there is no money for memorials or funerals. and it doesn't stop there. three minutes to the new fallout on that. frankly, i think it is disgraceful that they're withholding these benefits. but again tomorrow, the house will act specifically on this. and geoff: i'm the kind of guy who doesn't like being sold to. the last thing i want is to feel like someone is giving me a sales pih, especially when it comes to my investments. you want a broker you can trust. a lot of guys at the other firms seemed more focused on selling than their clients. that's why i stopped working at my old brokerage and became a financial coultant with charles schwab. avo: what kind of financial consultant are you looking for? talk to us today.

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joining me now live in our dc bureau. so it's just -- it's such a turnoff. so gross. really. you know? i mean really? you couldn't get that right? now what are we go being to do? we can't pay for funerals of fallen heroes? everybody is doing one of these, one of these. >> well look, in fact, maybe they got dumber, and what's happening now is that the

gross miscalculation that took place in this administration as it relates to how this partial shut down will play out. we learned something in sequestration. automatic increases in spending we learned this involves choices. involving administration of these cuts or these caps z so now, we're litigating that issue. >> you can't choose no, way can you choose to give the short end to families of fallen heroes and get away with it. duncan hunter says this is the pentagon's doing. the pentagon says this is congress's doing. but the bottom line is that families of the five fallen heroes are stuck wondering how they're going to get to dover air force base without a

donation? which, thankfully it does look like they're getting. >> it's not the way they should be treated so you know, i -- it's hard to understand what the problem is. that plans that you -- maybe there legal holdup but we're talking about five families just doesn't seem like something we can't get around or provide them what they need and give them money they're supposed to receive and everything. >> they can't get out of the way. that is what duncan hunter saying he thinks chuck haggle can says this is a session, it's about $100,000 they're entitled to that he promised them before they fight in afghanistan. they promise this will be paid to loved ones now they're dead, we renegged on the promise. that is what's happening. i want to stand you by.

we have colonel oliver north. i know you're upset about this. everyone is. you think the president hasing in smg to do with this that he could have a hand in undoing this, tell us. >> it's unforgiveable they're not paying to pans port families to the service men and women killed in action to dover. there can be no excuse for what they've just done. thankfully, americans are helping to make sure family members can be there. special operations warrior foundation, freedom alliance offered to help transportation costs for the families for these soldiers and marine killed this weekend. some were trying to make this a political issue. but it's more than that. this isn't about the government shut douchblt bits whether the commander in chief gives a damn about the moral of troops. that is what it comes down to. those serving in harm's way and morale of the families.

it does not take an act of congress to authorize this travel by the dependents of the families of the dead or wounded. all it takes is a commander in chief way conscience because the chief executive of the united states can do it with a stroke of the pen on a presidential emergency action document. he could have done it yesterday, he can do it now. the families would be covered. >> you know this, is what duncan hunter was suggesting in his letter. he wrote to chuck haggle saying you're deflecting your responsibility insisting congress needs to fix the situation overstates the complexity of the problem. let me take it to a larger place. because what we're seeing now is the real effects of the government shut down. for which, you know responsibility there is plent yes to be spread around. is that why this example, world war ii vets, growing outrage in the country now we seem to be hearing the

politicians today talking about well... maybe there will be a talk in some way under some conditions, maybe. >> yes. look this is bad for the country. there is no question. the government shut down is bad. it goes through different people affected by it. the nia, cdc, meals on wheels, everything you're raising it's all, it's very bad. and i think the president has realized it's going to have to probably give a little on this but not giving that much he's saying let's extend the, let's stop the shut down and let's do a short term extension and then, let's talk z that seems pretty reasonable to me i'm not sure if republicans are going to be receptive to it. >> republicans have been going out hammering they won't negotiate, let's just talk. that is all we want. whether it's true or not that is been their messaging we

heard rand paul talking about how he felt that was an effective message for them, you know saying we want to talk they keep saying they won't negotiate. when you have stories of the families of dead service members wondering how they're going to bury their loved ones and provide funeral for loved ones and won't be tibl show up to receive remains and you get the president standing tlup saying i'm not going negotiate, now i understand why he's saying that. the principle upon which he's standing. the question what affect that has on the american people. >> he said he was standing today in his press conference is that he did not want to gift republicans political advantage in this. he wasn't talking specifically about this but republican efforts to reopen parts of the government that are entirely not controversial. about things like cancer research things everybody would like to have reopened like providing aid to families of people killed in the line of duty. so... come on. so the president says to a

question today why won't you do it? his answer was well, they're just doing this to take the pressure off politically. i don't want to help them i was a moment, it was sort of a jaw dropper moment. you thought... well if we're talking about all gamesmanship here, talking about all of this is just doing something. if it doesn't matter just sign it. put it into law. i guarantee there are plenty of democrat who's are sick ask tired of rg to vote against legislation to fund thing that's are popular. >> olli? i just, stunned by this, because to have it happening in the middle of a war have it ignored is agreejis. thanks to julian barns at the "wall street journal" skpurks forgiving this issue visibility but this afternoon, kristin mentioned it.

the president droned on almost an hour, standoffs negotiations and ransom. not one of the main stream media colleagues asked about this outrage. it's bad enough executive branch is playing games about monuments and memorials in the capitol. opening and closing at will but unconscionable for white house and pentagon to deny those who make real sacrifices for our nation a moment of solace as they grieve for the losted ones ones. >> you know their response would be we're not the ones who shut down the government. that is their position. they believe it was republicans in congress, and that they're the one who's have to live with the consequences of the shut down. >> well, everyone has to live with the consequences of the shut down. i do think republicans are the ones who brought it on with all of the ob yaum care demands. but that is kind of behind us now at this point. and so, i think it's just

about trying to get, move forward, figure out a way to move forward. i just find the issue of how families are being treated very hard to believe it can't be fixed easily. it's one of the things that seems it could be fixed very, very easily. it's not a right, left issue it's something we could agree needs to be fixed i'm hopeful it will. >> that is questions about motivation. it should be easy. why is it not? why doesn't someone pick up the phone and say take care of it? >> hopefully someone is doing that. >> yes. idea that you can't, it's -- get a fair minimum they have to be there when bodies come back. these are immediate thing you can say maybe $100,000 issue they can get to that in a week or something but other stuff, the funerals, getting there for bodies is meetd. an immediate need. it needs to be taken care of. >> it's a fraud on our service men and wismt promises were made. their loved ones would be

taken care of and these things would be taken care of so families didn't have to deal with it. god for bid if something were to happen to them, in this case, it did. >> panel, thank you. >> we're taking your thoughts on this and let me know what you think. check us out on facebook, too. meantime, 4 hours angry truckers vowing to shut down a major city. how it's connected to this government shut down and a new app raising controversy about how we look at female athletes is coverage about womens sports or sex appeal? seven time surfer, next. [ male announcer ] need he keeping your digestive balance in sync?

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this woman has 10s of thousands of signatures in protest of that ad. amanda beard is herself a model and has posed for magazines like playboy, so we think there may be a difference of opinion on this. we appreciate it, corey. what did you find so offensive about the ad, because women and the sexualization of sports is nothing new. >> no, it is nothing new. the thing that was most difficult about this was that it was for a surf event and we didn't see any surfing, whatsoever. >> that didn't seem like a surfer to you? >> no, not even close. >> we have to be in agreement on that. even amanda, i think, we'll give you that. >> yes, definitely. >> all right, so what is the problem, specifically? why do you think that this surfer who is very talented, showing off her sex appeal is very objectionable. this is an ad for roxy an

apparel company. >> well, what it is really doing is -- instead of focusing on stephanie's ability or a surfer's ability, what it does is just emphasize the image, and detracts from the ability of surfers. and we have a new crop of surfers that are the best ones that i have ever seen. and it is just -- it really takes away from what the women are doing as far as their ability goes. >> what do you make of it, amanda? because being such a star athlete yourself, but also having posed for play boy, you are somebody who is mixed a bit. your athletic ability and your sexuality? >> yeah, for me, i watch the ad and it doesn't bother me. i can understand how some people would have an issue with it, but i think that it is kind of roxy's point, is getting

people's feathers ruffled, and they're getting attention drawn to it. which i think is the point of the ad is to get attention, and they did just that. >> when you posed for play boy, why did you do it? i know you felt it was a business decision, but how so? >> to me, obviously, it is not the right opportunity or the right thing for every person to do or every athlete to do. for me, in that moment, at that time, in my career and in my life. i just felt like it was going to be something kind of really fun for me to doochlt and yes, definitely a business decision, as an athlete, you are your own business. and so what i choose to do and the road i choose to follow may not be the road that everyone chooses to follow. but that is what i was comfortable with. so playboy was something i did have a lot of fun with. i don't regret it. i thought it was amazing, i loved the magazine and everybody with it and i would definitely do it again, and i didn't see a problem doing it, because i was

okay with it. >> when you see athletes like amanda or in this case, stephanie, doing these photo shoots, do you feel like it then pressures other surfers or other athletes that are not so inclined to have to tout their own sexuality if they don't want to do that? they just want to play a sport. >> yeah, i do, i think it establishes a paradigm to establish who is -- establish who is sexier. and in the studies i looked at, the woman who is sexualized, it actually diminishes her athletic ability, and it doesn't sell events. so i have my personal feelings around it. and what the new studies show is it really doesn't do the athletes themselves any good. >> did roxy listen to you, saying we have 20,000 signatures, saying we don't like this ad, did they listen to you? >> they were very open about the

comments, we were looking forward to setting up a meeting with them. >> well, they got some attention, and stephanie got some attention. it is an interesting debate, feeling sexy is something a lot of people want to do. the question is whether doing it publicly undermines women in sports in this particular example. ladies, thank you both so much for being here. >> thank you so much. coming up, truckers across the country are making their way to the nation's capital to shut down america. up next, what they're so angry about. plus, sean hannity in the next hour, what he is so angry about. and what mitt romney is now saying about president obama's second term. >> the president in his first term pushed through things on a partisan basis, was unable to work across the aisle. and then spent the last two years of his first term attacking republicans in congress and showing an unwillingness to reach across the aisle. and frankly you can't get things done in a bipartisan nature where you have three branches of

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. grid lock shutdown, thousands of truckers are ready to fight against what they say is "destroying america." planning to paralyze a major city by blocking three lanes of traffic for three days. trace gallagher has more. >> megyn, they're planning to shut down d.c. by blocking up the beltway, now we just turned to the spokesperson who said they want to shut down the nation. they hope this thing is as big as egypt, except instead of

people protesting on the streets they want you to get in your car, go out in your truck, do what you can to block the nation's highways. there is a way to avoid the protest by president obama resigning and members of congress vowing to step down. now, that is not going to happen. their plan is to get all the supporters, get in the trucks and cars and begin to go out and drive. begin to clog the roads, they want them to go three deep on the beltway for three days. it is not clear exactly how many will join. their website is trying to promote this. they have a facebook page with 60,000 likes supporting this movement. another man told the u.s. news and world report that they wanted to unlawfully shut down the capitol beltway. but we're told that man does not speak for "ride for the constitution." instead, they want the protests lawful but painful. listen. >> i want you to join me in

cheering on our people here in the united states of america to defend our nation from domestic enemies. and we're going to do that. it is going to cause a traffic jam. i hate to tell you, you put 100 million people out on the road with truck drivers, constitutionally, literally it will be the largest traffic jam in history. >> they will start with 3,000 arriving in d.c. on friday morning. they're also asking for things like higher wages and lower gas prices. but they say those are negotiable. the president's resignation and members of congress are not negotiable. megyn, it looks like this protest is a go for friday. >> wow, you get a book on tape, pop it in there, sit in your truck and wait for the news update on whether the president is still the president. we'll see how it unfolds, trace, thank you. standing on principle. we're seeing it more and more, tell us what you think about all of this, go to

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people are going nuts over what is happening to the family of all of these fallen hero, we're still taking your it, check us out on facebook and like us. ing us, everybody. i'm megyn kelly, this is "the kelly file." and welcome to "hannity" tonight, i have had enough, i have a message for the president, time to stop these games. mr. president, you need to stop acting like a school yard bully and start to act like the leader of the free world. and conservatives, you need to hold the line and that fight continues right now. >> we have a man right now that almost certainly will go down as the worst president in the history of the united states. >> so you were warned. >> if the president were to be reelected