ms. megyn is next. i'm bill o'reilly. the spin stops here. we are definitely looking out for you. >> welcome. there is breaking news tonight on the bully ing case involving a 12-year-old girl who took her own life and the two classmates accused of driving this child to suicide. should parent ps pay for the actions of the child? >> the apple doesn't fall far from the tree. >> breaking news as a prosecutor says he may go after the parents of two teenaged bullies accused of driving a classmate to suicide. what it means for every family across america. and time for jon stewart, but no time for congress? kathleen sebelius under fire tonight for refusing to answer who is to blame for the failing

health care rollout. can americans demand answers? charles krauthammer shares his thoughts. and a well known lawmaker claims one of those responsible for obama care stormed his house . tonight new demands for background checks on the people we are entrusting with sensitive information. welcome to "the kelly file." we have charles krauthammer here in a moment. we are beginning with breaking news on a case of bullying getting national attention. we warn you. this is a disturbing update. 12-year-old rebecca sedwick killed herself in september in lakeland, florida, after months, am a year of online relentless bullying. on monday of this week the sheriff in florida te decided to take a the tough stand, filing felony charges against the two accused bullies sean here. one 12, one 146789 the

14-year-old on the right said to be the ring leader. after finding the gurls were with still posting cruel miss sajs about the victim even after she was dead. breaking tonight the sheriff announced unreelated, sort of, charges against the stepmother of one of the girls. after the sheriff's office turned up video of the stepmother, vivian bossberg beating some 12-year-old boys inside of her home. the tape recently surfaced. we have it. we warn you, it is graphic and quite disturbing. [ crying ] [ screaming ] >> you know what? [ bleep ], [ bleep ].

>> disgusting. now the sheriff of the county in florida investigating this case. sheriff, i don't know what to say in response to that. it send s chills down your spine that any child would be exposed to that woman. what is she charged with tonight? >> she's charged with two counts of child abuse and four counts of child neglect. as you can tell from the tape, that was an absolutely ho r horrendous event. the children were laughing, cussing, carrying on. at the end she gave an overview of what happened. then it was placed on facebook. do you know how we found out about it? during the news coverage this week people started sending us information saying, hey, she said her daughter the would

never bully anything, that she always watched what was happening on facebook and on the social media. you guys in law enforcement need to look at this. your viewers turned us on to this which resulted in her arrest just this afternoon. >> she's the stepmother of the older accused bully in this case. the 14-year-old. >> absolutely. >> the alleged ringleader here. you can't help but think the apple doesn't fall far from the tree. i'm not sending the girl up the river before trial, but it happen this is in every case. when there is a bully. when there is somebody who hurts other people and has no care or empathy for them, usually you don't have to look far to find somebody like that in their family. >> you're exactly right. this 14-year-old tormented rebecca, our victim, for ten

months. there were interventions by the school system. there were interventions by the victim's parents. the whole time we have our 14-year-old victim's family, the stepmother and the father saying, oh, my child would never do that. she's never bullied anybody. you can see exactly what was going on in that house with at least vivian and those children. >> right. >> they have to remain anonymous because of the charges. >> because of -- the 12-year-old boys. i understand you were considering whether there was a potential charge against this mother vivian. t t thestepmother here for uh bullying, the actions of the step daughter with respect to the young girl who committed suicide. is that an open investigation? >> it is still ap open investigation. yes. if we find evidence before the

completion of the investigation she'll be charged in that event. as a result of that investigation and the news coverage we discovered this separate event, the video you are looking at tonight. >> it's separate. i don't know if it is totally separate. it's the same actor and arguably the same conduct. is she in custody? what's the status? >> she is in custody. she's in my custody. she's in the county jail tonight with no bond. she'll go to first appearance in the morning. our detectives did an excellent job moving the case quick and obtaining a war rapt for her arrest. with we got hr in jail this afternoon. the children in request are being monitored by the department of children and family services. they are receiving services as well. >> thank you. >> thank you. later in the show we'll be joined by florida attorney mark iglarsh. he filed ap editorial saying

something has to be done to these parents. plus keith adlow said we call this personal assault, not bullying. that language needs to change. much more on the case ahead. we are also tracking a controversy in washington tonight as congress demands answers on the rocky rollout of the president's health care law and the website supporting it. a site we are learn ing may have cost upwards of $292 million to develop. $300 million for this thing? lawmakers want health and human services secretary kathleen sebelius to explain why this is such a failure. the left and right are saying that. so far she says she's unavailable to face the congress next thursday. one lawmaker saying if she could find time for the an appearance on comedy central next week they expect her to find time for congress. charles krauthammer is a syndicated columnist and author of the book "things that matter, three decades of passions, past

times and politics." charles, great to see you here. kathleen sebelius is so busy she swung by t"the daily show" but can't find time for congress. what does that tell you? >> i think she's inside that obama care computer with a screwdriver right now trying to get it to work right. in any administration with accountability she would be gone, fired. she is the head of the department. this rollout occurred over three years. this is not a surprise. if we hadn't had the shutdown and distractions she would have been right in the spotlight and the question everybody would be asking today is if and when shh 'd be let go because of the colossal mistake. for her at this point having escaped with her job, which i don't think they should. to refuse to appear before

congress which proep rates the money and has a constitutional responsibility to exercise oversight over the departments that act as an arm of the congress, the law is passed by congress and the roll of the congress is to see how it is being executed. shh refuses to appear. that's a doubling of the indictment against her. >> it raises more questions. meantime we should point out the white house says shh has the full confidence of the president. jon stewart asked her how many people signed up. we are told 10 million attempted. by some reports in the washington post only 36,000 succeeded. the problem for her is if she does appear before congress what is she going to have to tell them? >> that's the point. this administration which presents itself as the most open in american history, which is a joke , refuses to answer the

elementary question. she and other administration officials have been asked how many people enrolled. they won't answer that. either they don't know, in which case this computer program is a complete disaster because amazon and all of the other e-commerce website s can tell you by the minute what is going on. or the numbers are so low which is probably the case that they are too embarrassed to say. look, jay carney, a few days ago at his press conference the, in trying to show how successful the roll out has been, talked about somebody in delaware who got online and signed up. we later learned that is the only person in the entire state who has been able to sign onto obama care. here is the press secretary boasting about this guy and other examples when it is the

perfect example of the calamity that happened here which is you can't actually access it. and we now have a mandate where you will get fined and you can want because of the disastrous architecture of the program supposed to sign you up. how can you fine somebody for the inability to do what you have designed in a way that can't be done- >> which is why people are asking if they have to push back the individual mandate. >> exactly. the republicans pushed hard on that as a matter of law. it could be as a matter of incompetence it uh will be impossible to en force a mandate if people aren't able to sign on. >> then you have lawsuits. if they try to take a tax out of people's tax returns because they didn't sign up and people

tried to sign up but didn't have five weeks to devote to the website i would hire a lawyer and say, give me my money. i gave it the old college try. thank you, charles. >> thank you very much. >> we are back to breaking news on the bullying case ahead. police possibly charging parents of two accused bullies. that stepmother has not been charged in the case that led to a girl's death. does that video change it for you? should she be? we'll take a look at it. imagine learning that one of the people who stormed your house is now in charge of your health care information. up next, one angry lawmaker and ugly questions.

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tonight oh first on "the kelly file." new questions b about who is working on the new health care roll out. last month hundreds of protesters stormed the home of the kansas secretary of oh state. they were upset with his position on illegal immigration. it turns out one of the ring leaders of the protest is now working on the tax the pair's dime handling obama care sign-ups. joining me now, the kansas secretary of state. good to see you. you found out this woman who you believe trespassed on your property is now one of the so-called navigators helping

people sign up for obama care. what did she do at your house? >> it was her and four bus loads of her friends who were doing more than just trespassing. they were attempting to intimidate a public official. care if they protest at my office. it crosses a line when you are at someone's house and attempt to intimidate them to take a different policy position. thank goodness my wife and my kids and i weren't home. that would have terrified them. the idea that now someone whoen gauged in that kind of thug tactic in american politics is getting taxpayer money to implement obama care is crazy. >> she is. apparently she's -- her name is veronica my i ran da. she's an obama care navigator. they are paid tens of millions of dollars in federal funding to help guide obama care enrollees through the process.

they potentially have access to social security numbers and private health care information. >> right. think of the laws we have. federal laws and state laws to protect the privacy of medical information. here we have the federal government doling out $67 million to individuals like this who engage in agitation and breaking the law to handle people's sensitive medical information. it deidentifies common sense. >> where are the background checks? we talked about this woman rosalyn wells charged with passing out fraudulent checks. there is a war rapt for her arrest. another navigator. are there checks to find out who we are giving our information to? >> apparently not in the case of kansas. those two examples are in our state. we are a small state. mu guess is there are plenty of similar individuals throughout the country. >> wow. thank you for being here with your story. >> my pleasure. >> coming up one of the best sports casters doubling down

today. and the debate on whether the washington redskins are promoting a racistster owe type. plus a well known mother of three went from being a fitness coach to one of the t most disliked women in america because of this picture and the lovely little caption. she had three kids in three years. so did i. should be an a interesting conversation when she joins me live tonight. ♪ girl, look at that body ♪ i work out customer erin swenson ordered shoes from us online

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new developments in a controversy that went all the way to the white house this week. should the washington redskins change their name because some say it is racist?

bob costas today took to the editorial pam of the l.a. times to defend his reevent attack on the team. here are his original remarks during halftime last sunday. >> redskins can't possibly honor a heritage for a noble character trait, nor can it possibly be considered a neutral term. it is an insult, a slur, no matter how benign the present day intent. >> dana losh is a talk show host and richard fowler from the richard fowler show. dana, you do have native american heritage. your thoughts on it? >> yeah. it always seem it is people the most far removed are the ones who want to talk about it the loudest in terms of being close to american ipd yan culture. there was a 2004 poll released. they polled american indians. 90% plus of them had no problem with the sports team name. it bothers me because every time

with talk about american ipd yan issues, my family has heritage. they were moved on the trail of genocide to reservations but we talk about the issue and it is a politically correct cosmetic band aid. we are not talking about suicide rates, unemployment, addiction in the community. changing the name of a football team isn't going to do anything to remedy years of bad policy and all of the things that are wrong with what's plaguing these people. >> costas doubled down on his congressmen tear today. -- commentary. he he was responding to jonah who said, be prepared to get rid of things including, he said, how about getting rid of the c in naacp. that's colored. that's now considered racist as well. your thoughts, richard?

>> i have to agree on one point here. the point that native american community and the indinl thousand people community has had struggle and strife. there is a lot of native americans who believe we need -- the that the redskins need to change the name. i reached out to the native youth leadership alliance. they indicated these racial slurs and connotations caused depression among native youth. we have to correct that. i think there is a distinction between taking the word "colored" out of naacp and yusig a racial slur to describe a football team. i think that's what costas talked about. >> jonah's point is words take on offense if you make them. for years we said midget. nobody knew it would be offensive. suddenly little people decided that was offensive. now you can no longer say it because it is offensive. depends on who you ask and when

you ask them. >> especially when you look at the historical use of the term. there was a book out from one of the senior linguists at the smithsonian called i am a redskin. it charts how that came to be an american expression. it came from native americans. it was first recorded by french traders. they heard american indians using it. sitting bull said, i am a red man. if the great spirit intended many to be a white man he would have made me one. if if we are talking about the people who are the loudest had no problems with a white woman in massachusetts who exploited american indian heritage in a campaign. they went after native americans when they would try to correct elizabeth warren . change the name to washington warrens. that's a better fit. >> she took a lot of heat. we covered it.

very questionable native american heritage. she said, my mama and papa had high cheekbones. that seemed to be enough for the critics. >> i don't think this is connected to elizabeth warren at all. this is about individuals trying to say the word redskin is racially i sensitive and it has to be changed. there is a distinction i want to point out. you have the florida seminoles who were endorsed by the tribe. the redskins have beenen dorsed by none of the federally registered native tribes in the country. if you look at the logo of the redskins, feathers they aren't associated with east coast native american tribes. >> you object to the historical inaccuracy. >> right. >> that's an interesting argument. >> there is no objection ever to elizabeth warren . that's important to bring up. >> that's insulting. >> no, no. you know i was called a racist?

her ancestors rounded up my san ses sors. her ancestors were only documented rounding people up. it is a double standard for people objecting over redskins. a number of tribes said we don't have a problem with it. the people who have a problem with it are people like bob costas and white anglo saxon property tant liberals. when there are issues about american indians everyone wants to talk about political correctness. i come back thomas mass. >> i will point out for the record even charles krauthammer doesn't like the name and he's definitely not a liberal. great debate. thank you very much for be ing here . >> thanks, megyn. >> back to the breaking news on the bullying case ahead. police possibly charging the parents of two accused bullies. really they are zeroing in on the parents of the ring leader saying this have taken no accountability at all in this. we'll look at what it could mean

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will be cheaper. >> premiums will be lower. health care costs overall will be lower. >> affordable, quality health insurance at a significantly cheaper rate than what they can get now on the individual market. >> that was president obama promising that under obama care if you liked your plan, your doctor, you could keep them and the new law would lower health care costs. we have been getting e-mails all weekle thing us different stories. joining us now with a few andy mangioni from kentucky. heather cross a self-em employed widow in new york city. and rich, an insurance broker and president of excel benefit in chicago. heather, was the president right? >> unfortunately not at all. i got a letter a couple weeks ago from my insurance department saying my plan was going to be cancelled because the whole category of the self-employed group plan is eliminated under the law. i'm free to buy individual insurance on the exchanges. it's a couple hundred dollars more than i'm paying now to have

the same company i have now and keep my doctor. there are other plans, but my doctor did you want take them. it's scary when you're self-employed, trying to make your business stay above water. >> rich, your company helps people trying to look for health care options. are you hear ing similar stories? >> yeah. that's exactly right. i work with individuals and businesses. my phone's been ringing off the hook. people are confused. they come to me or other brokers to help them in this confusing times. trying to go it alone doesn't work. the plans are complicated. people don't know what they are looking at. being a trusted adviser to people looking for health insurance and hp heing them through the options. >> my question is -- i thought heather's point was interesting that she can keep her doctor but she has to pay more to keep him. >> that's true. in some sagss you have to pay a

significant more premium to keep the larger network. the insurance companies are promoting the smaller networks to bring the costs down. you lose most of the premier hospitals, primary care doctors and specialist. if the providers respect in network the plan is worthless. >> andy, uh knyou're 53, marrieh children. you had an initial increase that tripled your premium? >> yes. like heather i received a letter from my health insurance carrier stating if i wanted to keep my current plan that would be compliant with the affordable care act the premium would triple. i did have the option to go to the exchanges to shop for a new plan. i did so. instead of the people yum tripling it only went up 24%. my coinsurance, my copayments to the primary care physician inacross ed. of particular concern to many

were visits to the emergency room. i have two small boys. we have averaged a couple of visits to the emergency room the last couple of years. that went from $125 to $350 deductible. i saw nothing but increases on the exchange. >> did you soo a plan that was cheaper that was an option for you. did you have a similar problem finding -- was your doctor in the plan? >> my doctor was not in the plan. it was a small network of only two hospitals with one children's hospital. my primary care physician wasn't in it. there is a reason why my physician wasn't in it. it was not an option for me. i was told i could keep my doctor but the doc wasn't in the plan. >> what do you mean there was a reason your doctor wasn't in it? >> the reason the doctor wasn't in it was likely due to low reimbursements and wanteding to do with that network. >> heather, you were quoted as saying you were not going to

forgive this. you felt you were misled on obama care. did you have higher hopes for it before? >> yeah. i'm not naive. i know everything doesn't turn out the way every politician says. i feel like if you can't believe a president when he says a thing many times it's pretty cynical. >> you know, rich, i have been reading some accounts. i will concede they are not the majority but some people say they signed up, found a cheaper option and they are happy because their premium is lower and the deductible is lower. is this just a smam sampling we are talking to. >> one of ten people are seeing lower costs. i had some success stories. nine out of ten of my clients who call me and we go through the options are paying more. feoff they have limited choices. they are forced to change their plan. they can't keep the plan though

they thought they could. they are forced to take a higher premium and larger out of pocket costs. very few are seeing the positives. they do exist. i had a client improve their plan but it's the exception, not the rule. >> big deductibles. $6,000 plus for individuals. $13,000 for families. that's a lot. that's a big deductible if you don't make a lot of money, which most americans aren't doing now. thank you for being here. >> thank you. >> back to the bullying case making national headlines. police say the parents of one of the two accused bullies could be facing criminal charges. it would be a legal first. we'll look at what that would mean and a look at the charges on this video we brought you negligence. >> they're saying, bullying? we would never allow bullying. seems to me like we have some

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mom, was arrested on unrelated child abuse charges after this video surfaced. it is graphic. as i i said, it is quite disturbing. [ screaming ] [ crying ] >> i will teach you [ bleep ]. [ laughter ] >> that's enough of that. joining many now former prosecutor and dr. keith adlow, psychiatrist and fox news contributor. where is the humanity? those are 12-year-old boys she's beating. >> right. >> there is no humanity. these things are learned, megyn. when we start talking about acts of seemingly incomprehensible cruelty that young people perpetrate on other young people as much as you don't want to say, hey, it is the parents. in so many cases i treat, hey, it's the parents. >> it is. that's the question.

mark, legally, you soo the video and say, charge her for that case and if you can charge her for the other, go for it. are we opening up a door we may not want to open? >> for sure she should be held responsible without question. let's point out the irony. she's in a jail with her teen daughter in the same jail on the same night for unreelated charges. i had to get that out there. it's so unusual. as to the other case there is no law in florida, unfortunately yet to hold parents accountable for what their kids do. i'm not averse to creating such a law. it would have to be narrow and parents have to know what's going on or turn their head to a long pattern of abuse that their children are engaged in. >> it wouldn't be difficult to prove in these cases, dr. adlow. you say the word bullying should be replaced with assault.

it is open and notorious and parents look the other way. >> it's psychological assault. there are laws against letting minors drink in your home and then drive and hurt people. contributing to oh the delinquency of a minor, i'm not a lawyer, you are. i would think that might be expandable to embrace the fact that you're not providing proper guidance, not disciplining your child. therefore, you have somebody out tr there doing things that frankly you probably modeled and you contributed to that. >> if a parent gives a kid a gun and the kid shoots somebody, we could charge the parent. giving the kid the tools to emotionally assault somebody is arguably just as damaging. >> no question. you don't want to necessarily have parents placed under arrest for giving their kids a tablet of paper and a pep. the issue is if they know

malicious behavior is going on or they choose to look the other way, megyn. that's what this woman did for 11 months. these parents failed to do so. i don't want parents punished for protected constitutional speech. teenagers are going to say abhorrent things. it has to meet malicious, repeated, harassing emotion al distress with no purpose. >> a lot of parents other than just it is your instinct to be a good person that would make you step in, but a lot of parents like vif uh yan have no skin in the game. what do they care? this child will be hurt, kill herself, what does it bother many ? >> not only are they not prevent ing it, and not care they are causing it. i'm a forensic psychiatrist. i'm tired of going to court to explain to juries the horrific circumstances under which criminals who assault other

people grew up. it's absolutely gro it issing. i have talked to judges about the fact that one father used to bet on how many times his son would have to run into a tree head first as a game with his friend s before his son would lose consciousness. shouldn't the father be dragged in beside his son when his son hurts somebody? >> you look at the circumstances. it's almost like u vivian, the stepmother we are looking at, beat down these boys. almost as if her child abuse isn't just of the 12-year-olds we saw in the video or of perhaps her own 14-year-old. but of the dead girl. the girl who committed suicide. >> how about this? her reaction. big reaction difference between what she did and what the other parents of the other arrestee did. this woman, vivian, now arrested for charges immediately said their daughter could not have

done it. she checked the daughter's facebook page every night. i chuckled out loud with my wife. we thought that was outrageous. if she did she would have seen her daughter was communicating with somebody via facebook who had posted the video that now serves as the the basis for her arrest. >> maybe she liked it. she doesn't look like somebody who would have regretted that. >> that's a possibility. absolutely. with her d fekts in character, absolutely. >> sheriff grady judd has the case thousand. we'll see what happens to this woman and with all the attention this has gotten hopefully an end to the cycle is coming. >> that would be nice. thanks, megyn. >> up next, a mother of the three posts a picture of herself in a sports bra and shorts. looks grat. very fit. it's thes mess sage she posted that's causing the uproar. maria kang is next. plus "hannity" at the top of the

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♪ damn you're a sexy chick ♪ damn girl >> a young mother of three young boys is apologizing, sort of after posting a picture on facebook showing her fit body and asking, what's your excuse? a fire storm of backlash came and maria said she was trying to inspire people. joining me now, maria kang, the person person who posted that photo. let me ask you this.

you had three babies in three years. so did i. why do i need an excuse for not looking like you? >> that wasn't my question. my question was an open oh question saying what's your excuse for not working out? >> why does anybody need an b excuse? >> i think a lot of people make ex cuses every day as to why they don't the make their health a priority. exercise is really important right now in america. we have an issue. a huge fitness enthusiast and i posted this on my public facebook page hoping to mote vaut my followers. it did motivate a lot of people. >> it motivated people. it also upset people. >> mm-hmm. >> i don't look like you. i will confess. i asked myself the question, what is my excuse? i thought, you know, because i wasn't obsessed during the last few months since i i had my son, my third child with getting to

the gym and getting the six-pack back. in my free time i had a glass of wine with my husband and made other deposits into my health fund. some were emotional health. you seem to judge that. >> i'm not judging at all. i'm saying, you know, as a mother you don't have to lose yourself in the process of raising children. i grew one a mother who had diabetes in her 20s, a stroke in her 30s and a heart attack in her 40s. you know when you have a mother that's usually your first love and your first fear is losing her. when i make that photo, when i express myself now i'm talking to all mothers. my fear and my passion is to ex press that you should really make your health a priority. >> but health isn't the same as, you know, being super fit with a six-pack abs. this wouldn't be a controversy if you hadn't put the caption

there. just you looking great is an inspiration. but what's your ex cuse presumes something is wrong if women don't look like you. >> i think it is an open question. you can take it how you want the to. eleanor roosevelt once said nobody can make you feel intier fear yor without your consent. whatever i say whether it's what's your excuse or i can do it, so can you or mother hood can make you better which is what i used after the caption, people will take it how they want to. >> there is a woman on chicago now.com who blogged and wrote, what millions of us see is another example of a woman saying to other women if you want to win at life you have to look like me you lazy piece of, you know what. >> absolutely not. i'm saying what is your excuse for not working out. people can take it how they want to. my intention and where i stand my ground is, you know, p if i can do it, so can you. here i am with three kids, 3, 2 and 8 months. i'm able to make fitness a

priority. maybe not my first priority. maybe it's my fif, but it gets done. it's not just about fit ps but nutrition. that's the majority of your success is seat eating throughout the day and making sure you are being fed good foods. >> i definitely didn't engage in the same kperize plan and i confess i would love to have that body but the lunches with my husband were damn good. >> i eat good lunches, too the. it's all about moderation. >> whatever, maria! thanks for being here. see you soon. i'm hoop to tell you that you, too, canning look like me if you don't work out for an hour a day. just generally watch what you eat and buy good spanx. what? coming up, former president george h.w. bush is giving up a signature piece of presidential history. go to facebook.com/the kelly file. tweet many @megyn kelly.

let me know what you think of the last segment.

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former president george h.w. bush is known for his socks and now he's donated this cactus pair to a charity auction. they include a letter of

authentici authenticity. mr. bush wrote, i love crazy socks but barbara has had enough. thanks for watching. go to facebook.com/the kelly file. megyn kelly. welcome to "hannity." tonight we have a message for team obama care. we hope they are listening. it's time for kathleen sebelius, health and human services secretary to go. for the hour i'll be joined by a studio audience. some will disagree with that. before we hear from them it is important to point out how disastrous the obama care roll out has been from day one. the blame falls squarely at the feet of the secretary of the health and human services which is exactly why the republican national committee is calling for her to be held accountable. in addition launching a twitter