unbelievable. thanks for watching tonight. ms. megyn is next. i am bill o'reilly. remember, the spin stops here because we are definitely looking out for you. tonight on "the kelly file," a fox news first. the man they call the architect of obama care, the brother of rahm emanuel joins us live. was the president intentionally misleading when he said you could keep your doctor and insurance plan or just grossly mistaken? i will get then chance to ask him. plus -- new political fallout tonight after the health secretary dismisses concerns about how she's handling the health care rollout. >> majority of people calling for me to resign, i would say, are people who i don't work for. >> reporter: the question now, why does she get to keep her job when the administration just hired a health care phone operator just for talking to fox news? plus, democratic congressman

alan grayson suggests anyone criticizing his fund-raiser that links the tea party to the ku klux klan must support racism. what? and a gruesome beating on an american student in london. the investigation into a muslim street gang and the troubling theories about a possible motive. >> from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> we start with new uncertainty for millions of americans as the people in charge of obama care keep passing the buck. welcome to "the kelly file." i'm megyn kelly. the numbers are getting bigger. we are up to 750,000 americans dumped from their insurance plans in recent days. we are going in the wrong direction. as for the mess of a website folks are supposed to use to sign up for insurance the administration now says it will be almost december before the obama care website is mostly fixed. the woman in charge, health & human services secretary

kathleen sebelius. on the road today, visiting a community health center in texas. when pressed about accountability here was her response. >> who is to blame for it? >> you know, i think there is probably a lot of look backs that we will do and will start right away. the most important thing is to look forward. >> chief white house correspondent ed henry live at the white house. what's the story in washington, ed? >> we have heard the same from jay carney for days that the there won't be monday morning quarterbacking. he said the president will take responsibility but no monday morning quarterback. if you look back it's ugly. you have republican darryl issa saying he may issue subpoenas of health care.gov documents to find out who knew what when about whether they should have pushed forward. a hearing wednesday in the house where secretary sebelius will testify for the first time. she said other stuff today.

she said they were wildly off in terms of predictions about the site and said she wishes they had six more months oh roll it out. republicans called for a delay. why kid they push forward? was the white house involved? on the good side for the administration they believe they have a good quarterback here. a former ceo, a management consultant had a call with reporters who said, i will figure this out. we'll go list by list. they think they have the right guy to help her finally. they said something interesting. they said the contractor in charge of fixing this is qssi. why does the name sound familiar? that was one of the companies testifying at yesterday's hearing and one of their bosses said he tried to get on the website himself. he was involved in the contract already. he couldn't sign up for health care. if he couldn't figure it out, it makes you wonder. >> who is taking responsibility? we want to look forward.

that's a nonanswer. the answer is no one so far. ed, thank you. >> thank you. >> this is like with your kids. who is taking responsibility for the mess? let's look forward, mom. don't dwell on the past. that's not how it works! we are hearing about a bigger problem than the website tonight. a new report says the vast majority of people signing up on the state-run exchanges -- because you have the federal exchange and the state ones. that's where the action has been on the state. those work. most of those signing up now aren't paying premiums. they are signing onto medicaid. coverage for low income families. it costs the people signing up nothing. if this keeps up, it is hard to see how the system doesn't fall way short of the money it needs. they need people who will buy policies to sign up on exchanges. they are not getting them. betsy mccoy is former lieutenant governor of new york state and author of "beating obama care." this is a problem. >> it's not a surprise.

this law is designed to vastly expand medicaid and pay for it by eviscerating medicare. taking money from medicare and moving it to fund the expansion of the entitlement. >> why would they want to expand medicaid? >> they believe in a single payer system. this is a way of shifting resources in this country from one group of people -- the the elderly -- to another group of people. >> you think this is by design. >> i have read the law. there is no question that it was by design. it would have been twice as big but the supreme court ruled a year and a half ago the states couldn't be forced to expand medicaid. >> only half did. the republicans didn't do it and the democratically controlled -- >> largely true. that's right. some of the states were very smart. they realized even though the

federal government said it will pay 100% the first couple of years and 90% thereafter, politicians always break their promises. when that happens, they will pull the rug out the from under the states which already spend 24% of budget on medicaid. they will have huge costs so there is no money left for schools, roads. >> we are expanding medicaid rolls day by day with no way to fund it. who foots it is bill? >> the elderly. $716 billion is taken from medicare and shifted to medicaid. a lot of it is across the board cuts to hospitals. one section of the law, section 3000-a awards bonus points to hospitals that spend the least per senior. not per patient. i wouldn't take my beloved dog to the vet that spent the least per animal. why take my mother to the

hospital who spend it is least per senior? >> coming up in 20 minutes zeke emmanuel joins us, brother of rahm emanuel. he's a respected doctor but has been under fire since the law was born. i'm going to ask him was the president misleading when he said we can keep your doctors and plans or was he just mistaken? it is clear now hundreds of thousands, if not millions of americans aren't able to keep their plans and doctors. what do you want to know? i know you have been a critic. >> first of all, it's not what i want to know from him. i have read his writings thoroughly. his values, i believe, are dangerous and most americans would agree with me. in an article he says doctors in america take the hip cat tick oath too seriously and focus too much on the needs of the

patients. they ought to think if the resources could be better used for the teenaged mother down the hall or another patient. when you're in the exam room on the b table you want your doctor to be focused only on what he or she can do for you. >> i will ask him about that and other things. he says 65-year-olds had their chance. >> i will ask him that. reports now of four california law enforcement officers shot. we just got the video. a serious response. we have reports an armed and dangerous suspect is on the loose now. trace? >> happening in roseville, california, just outside of sacramento. the immigration and customs enforcement officer was involved in an operation with police to get a suspect named sammy durand. he began opening fire, struck an

i.c.e. officer. we are told the officer will survive. the suspect fled. he was chased by roseville police officers. he continued to fire. conflicting information. one police officer says two officers were hit with shrapnel and a fourth officer has been hit. two of the officers will be fine. unclear if there is a fourth officer involved and that officer's condition. the suspect began running over fences, through fields and is now holed up, we believe, inside a home. there were reports that it was a hostage situation. now police say there are no hostages inside. they do believe the suspect is inside. the scanner traffic shows he's opening blinds and windows. we are hearing gunshots and we are seeing heavy equipment go in there including armored vehicles, s.w.a.m. tet. teams.

they have lights because they believe it could be a lengthy stay. he has showers no signs of giving up peacefully. >> thank you. kathleen sebelius yesterday dismissed questions about her handling of the health care roll-out and the refusal to take responsibility didn't end there. wait until you see what's after the break. it's hard to watch and disturbing to consider. questions about a muslim street gang in a horrific beating of a florida college student. could save you fifteen percent or more on car insurance. yep, everybody knows that. well, did you know the ancient pyramids were actually a mistake?

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the majority of oh people calling for me to resign, i would say, are people who i don't work for. and who do not want this program to work in the first place. >> that was kathleen sebelius touching off new controversy by refusing to acknowledge the anger with the health care program she's supposed to be supervising. watch some of her explanations today. >> in an ideal world there would have been a lot more testing. we did not have the luxury of that with a law that said it's go time on october 1. frankly, a political atmosphere where the majority party at least in the house was determined to stop the this any way they could including shutting down the united states

government. i don't think anyone fully realized that both volume caused problems but also exposed some problems. actually, i didn't realize it wouldn't be operating optimally before the launch. >> so we are blaming republicans, blaming the public, blaming the staff. what about ms. sebelius? joining me now radio talk show host dana lash and richard fowler. i have said it many times on the air. one of my mentors brit hume says winners take responsibility. losers blame others. i am not calling the secretary a loser. that mantra rings true because people only listen to you in terms of fixing a problem when you acknowledge there is one and take responsibility for it. wouldn't she be better served if she did that? >> my mom said actions speak louder than words. we have seen from her actions as she called in the best of the

best. beyond that she's all across the country trying to fix -- >> she's taking action, but what about stopping and looking at the cameras and saying, you know what, american people, i'm sorry for the hours you have had to waste sitting on this website that doesn't work that you paid $400 million for. i'm sorry you're getting kicked off your insurance plans contrary to my promises and president obama's promises. >> she said that by saying we didn't anticipate the flaws. we'll do everything we can to fix them. we'll hear her in congress next week say the same thing. listen, we need to make sure we get it done. at the end of the day, history won't judge whether or not the system didn't work the first three weeks. history will judge how many people got health care, how many people got to see the doctor. >> so, dana, if they had to spend days wasting their time online and they are getting letters from insurance carriers telling them they are learning

their insurance, who cares? >> right. no big deal. what difference does it make? that's the mantra from the administration. all i hear are excuses, megyn, from the health and human services secretary. for her to sit here in the one sound bite and say the law dictated we have to roll it out october 1, everybody who read the law, even if you needed an attorney and three months to do it like myself because it was leg legalese heavy, everything was at the discretion of the health and human services secretary, at her discretion. it's repeated over and over again. she had to decide by july what the date was going to be -- july of 2012, what the date. they had $the 600 million some dollars they awarded to a cody contractor. three years and she just realized coming up to the roll out that it wasn't working? the buck stops with her. she's the secretary. >> now we have a bizarre

situation with this poor operator who took sean's call andle told him the truth about what she was told to tell the public about obama care. got fired for speaking to sean but kathleen sebelius has her job. watch. >> you took my call, answered our questions. the next day, what happened? >> they fired me. >> wow. then what happened. did you get escorted out? >> yes, sir. i got escorted out. >> were you surprised cakathlee sebelius still has her job and you got fired for doing yours? >> yes, sir. >> single mom. nice. what do you think? >> i can't speak to how or why she was terminated. but this law works. people are seeing the benefits of itment we can sit here -- >> richard, stop it. there are working parts of the law. >> there are working parts of the law. >> don't come on here and spin. everybody has acknowledged that

this is a debacle. don't spin the viewers that the roll out hasn't been a debacle. >> i agree that the website isn't working. the roll out isn't as good as it should have been. we saw it under medicare part d under the bush administration. when you roll out big plans there will be issues. >> then you take responsibility for them. who has done it? dana, who has taken responsibility? >> a glitch is when it temporarily stops working and can be fixed. this is fubar. this is a snafu, complete and utter fail. not a kink or a glitch. this is a failure. the website is ent gral to the law. >> not true. >> if it works why are they -- >> that's not true. >> then implement it fully, no exceptions without delay. >> we have issued 50 million people db. >> you delayed the businessman date. you can monologue over me -- >> the individuals and lifetime

is now gone. >> richard -- the. >> hold on. >> you're being rude. >> hold on. >> we can debate until the cows come home the substance of the law. no question the substance of the website people pay hundreds of millions of dollars has been a failure. the administration is admitting it but no one takes responsibility for it. poor earline was fired. she's gone. >> sad. >> thanks, megyn. tonight, the man they call the architect of obama care. dr. zeke emmanuel will join me live. i will ask him tough questions. it will be interesting to hear what he says. plus, disturbing video released in the brutal beating of a florida college student. tonight, questions about whether a muslim street gang is to blame and whether this is an isolated oh kurps. new pictures from roseville, california, as reports of up to four officers shot surfaced. don't go away. when our little girl was born,

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this american student, what was he beaten for? >> he was drinking beer, or cursing or gambling or anything in violation of sharia law they think they're an entitled to put an end to it. >> there is a problem with islamists can implement sharia law. it's happening in the united states. >> like where? >> there is islamberg in new york state. it's 60 acres large and it's

run by a group that is linked to a pakistani cleric. >> there is a sign and that is a video law enforcement provided to me, to show the women in military fatigues getting gur yila warfare training. >> this is new york state? >> this is new york state. >> what is their plan? bringing it to new yorkers? >> this violent islamic sect wants to purify islam in the united states. >> you've got this in new york and london. is it greater than that? >> yes. there are places in south carolina, in georgia, around the country, and we're continuing to investigate and find more of the places they call them villages and say there are 22 around the country. >> how do they get away with what they did to the kid in london? >> this is what is shocking is that it's just a group of gang

members you can say this is the thing that just happens here or there. the fact authorities haven't been able to identify those that attack that had individual indicates there is radicalism around where that took place. >> look at that. that is so disturbing. he had 23 stitches inside, on the outside, additional. deep flash wounds, permanent scarring and disfigurement. the question, where is justice for him? thank you for being here. >> very. >> we'll bring you an update. hopefully. he is one of the master minds who helped design obama care. up next what's happening with the launch of obama care, and whether he say -- saw anyone of this coming. and a fund-raiser that features a burning cross and a message that links the tea party to the kkk. when we made our commitment to the gulf, bp had two big goals:

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headache, diarrhea, vomiting, and increase in psa. ask your doctor about the only underarm low t treatment, axiron. "the kelly file" first. he's known as one of the architects of president obama's health care law. tonight he's here to talk about the rollout of health care.gov. joining me now dr. ezekie ezekiel emanuel. he was special adviser to the director of white house management and budget and author of "brothers e manuel, a memoir of an american family." his brother ram manual, now mayor of chicago served as president obama's chief of staff for years. thank you for being here. it's an honor to have you here.

you know a lot about the law and american peoples have questions. as you may have heard me say, the president made this promise repeatedly. listen. >> if you like your doctor, you will be able to keep your doctor, period. if you like your health care plan, you will will able to keep your health care plan, period . it's going to bring down skyrocketing costs, save families money, save businesses money and save government money. >> so far we are seeing hundreds of thousands of americans get notices that their insurance has been cancelled, that they are getting kicked off their plans and now we have news of individuals getting letters saying their doctors will no longer be included in their plans so they will lose a relationship with their doctor unless they pay out of pocket. my question is whether you believe the president was intentionally misleading or grossly mistake ben? >> neither of those. he said we are going to keep the same structure we have. we'll have private insurance. employers will be mainly

providing insurance. medicare for the elderly. medicaid for poor people. that's the structure on which we build reform. if an insurance company is changing how it will structure its plan, that's not the law doing it. that's the insurance company deciding for business reasons. if employers decide not to continue to cover, that's them deciding for reasons related to their coverage. >> that was foreseeable. >> let's be clear -- >> i will give you the floor. but that was foreseeable. this was a risk people raised saying in the individual insurance market you're making the insurers provide all these bare minimums on policies like maternity care and so on that will be more costly and that will lead to a rugs in coverage for people who can no longer afford it. >> seems unethical to sell a policy not covering maternity care and it seems to me we should have a policy that you have to have a minimum amount of care. look, mcdonald's was selling a policy to its workers which cost $50 or so a month for about

$2,000 of coverage. you go into the emergency room and almost anything you have that's serious, stitches or something, will cost you $2,000. if you need surgery it wouldn't cover it. you have to put in -- >> and dish. >> excuse me. let me finish. >> i only have a limited time with you. i want the points in. we can have a back and forth on this. i get your point that some of the policies weren't good. you think they are now better. we have had people say, look, i liked my plan that wasn't that great, frankly, because i'm in a place where i don't need maternity care. my wife isn't going to get preg nanne. i liked that plan and i feel president obama broke his promise to me. >> well, having a minimum floor that doesn't allow insurance companies to sell a plan that doesn't cover things and misrepresents them is important. that's not the fund membership tall part of the bill. the fundamental part of the bill is 34 million people will get

coverage. we'll have cost control. have an improved quality of the system and those are pretty well built in and, let me say when we were passing the bill, republicans never had a coherent plan or alternative that did those three things. >> okay. >> covered the tun insured, controlled costs, improved quality. they have never come up with a plan that actually does that. >> i understand. >> they carp about other people's proposals. >> understood. the question is there was never much doubt about whether the people who didn't have insurance would be better off with obama care, right? they are. there was a question about whether those who had insurance would be better off. >> this is before the employer mandate kicks in. even today we are seeing hundreds of thousand ifs not millions of people getting kicked off of their insurance plan. then what option do they have - exchange. they try to get on this disastrous website. they can't do it.

they are about to get fined. they will look at the government and say, i had insurance until obama care. >> let me explain something. when president bush took office in 2001, 69% of the working anyone public or people who worked had coverage through their employer. over the course of his presidency it went down to about 60%. people were thrown off because health care costs were going up. he had no plan to cover people. millions of people therefore were losing their coverage. 16 million people. this is a plan that will cover everyone. if your employer can't or won't cover you you have a safety net to get insurance. >> they didn't want that safety net. they wanted their employer-based insurance. >> i told you that employers were steadily cutting back on coverage. 10% cut back while president bush was in office and there was no safety net. people could not afford it. if you had a pre-existing

condition we know insurers gave you a premium so high you couldn't afford it. >> and the pre-existing condition is praised universally. you need coverage if you have that. >> ms. kelly, the only way you could have people guaranteed coverage with a pre-existing condition is if you have a mandate. >> i get that. i get that. i think the people get it now. here is a question. is the mandate working? what we are told now is that the young people you said in your writings and acknowledge are critical to the success of the plan. >> yes. >> aren't signing up. they can't get on the website. they are not signing up. we are seeing that in the state exchanges in particular, and we talked about this, there is a swelling of the medicaid rolls, people who aren't paying at all. don't you think the system will collapse unless young people sign up and start paying? >> i don't agree. the plan to have people go on medicaid, half of the people who are supposed to be covered under

133% of the poverty line are supposed to git medicaid. above 133% of the poverty line are going to shop in the exchange. i agree with you the rollout of the exchange at the federal level was disappointing. the roll out in connecticut, california, kentucky, d.c. and new york were good. many people are covered through there. now you don't examine how is it going now five weeks into it. is that enough? the fact is by march 31, that's when we have to ask how many people have been covered. we have a clear standard. are we going to get 7 million people covered or not. that's what is expected. >> we are not anywhere near on track for that. >> excuse me. >> the latest numbers we have and ms. sebelius won't tell us but the latest numbers we have from the research service suggest 129,000 people. >> ms. kelly, as i have repeatedly said, whatever the

number is today is totally irrelevant. people are not going to buy until round about thanksgiving. >> all right. >> for a january 1 start. >> here's my question -- >> you cannot project from today's enrollment. >> i get your point. here is my last question. >> you are claiming we are not on track. you have no idea. >> i wish i could know for sure but kathleen sebelius won't tell me. >> it's irrelevant. >> that's for the american people to decide. >> irrelevant. >> if it's meaningless why not give out the number? >> just as you have hemade a mistaken assertion -- >> you said the roll out was riddled with problems b it's been a fiasco, disappointing, that the administration lost the public trust. should someone be held accountable for that and, if so, who? >> we need to get the exchanges up and running. >> i know. should someone be held accountable? >> the president has done a good job putting in charge jeff zo n

zions. >> that's the fix. should somebody be held accountable? >> i think that's the most important thing. the president has to decide who his advisers are. that's not my decision. >> i know that. you're one of the architects of the law. you must be frustrated to see it falling apart in the roll out. should somebody be held accountable for hundreds of millions of dollars we have wasted on a website that doesn't work? >> the website is going to work. it's just a matter of time. this is not reinventing the wheel. this is fixing problems, blocking and tackling. >> so no. that loss of the public trust in the president's signature health care -- his signature achie achieveme achievement, no one needs to be held accountable for that? >> it's frustrating and i think it should have been rolled out better. i am just as frustrated as everyone in the public. i think we should get it right. haes the most important thing to do now. >> it sounds like no is your answer. you're an interesting guy,

doctor. i have read a lot of what you have written. it's worth the time. >> next time i come on, i would like the time to give an answer complete. thank you. >> we gave you eight minutes. do you know how long that is in tv time? that's a long time. i would love to give you the chance. >> all right. >> thank you, sir. we're taking your thoughts on that. follow me on twitter @megyn kelly. coming up, tracking break sin i news out of california. three law enforcement officers are shot. it was four before. we have updated that to three now. the news as it comes in. plus, congressman alan grayson attacking everyone as he takes heat for a fundraiser featuring a burning cross and a message linking the tea party to the ku klux klan next. [ male announcer ] has your phone turned you into a control freak? like, scoring the perfect table? ♪ or getting a better seat? ♪ or let's say there's an accident. if you he esurance,

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it's a problem waiting to hapn. check your credit score, check your credit repo, at experian.com america's numb one provider of online credit rorts and scores. don't take chances. go to experian.com. new developments tonight with the controversy over a fund raising e-mail from congressman grayson, a democrat, equates the p tea party to the ku klux klan. here's the interesting defense. >> do you think racism is the same as calling out racism? do you think my effort to end racism in america is analogous to racism? >> no, no. >> that's ridiculous. >> if you don't speak out against it in effect you are collaborating with it. in fact, if you give someone like me a hard time for speaking out against it maybe you are collaborating with it. >> i'm not collaborating with it.

>> fox news contributor and talk show host david webb is here now. martin bashir is now a collaborator with the tea party against congressman grayson. poor congressman grayson. >> we are collaborators. extortionists. does anyone notice the sarcasm? it is alan grayson and al sharpton, one of the premier race baiters who never found an issue he could play on in al sharpton. we have a failure, a representative floridians should be ashamed of. >> they're not. they voted him out and voted him back in. >> this is a guy who doesn't represent the values of what we should have in representatives. i don't care if you are on the left or right. this is unacceptable language at any level. >> and let's underscore the point today. the language has been condemned by debbie wasser man schultz who

is a florida congresswoman and head of the dnc. she's a collaborator, too. look at her. she's a collaborator! martin bashir is. he is point is anybody who suggests to him saying the tea party is a bunch of kkk race is is a collaborator. >> this is alan, when did you stop beating your wife, gray son. to the people in florida, are you proud of your representation when he should be there is this if you agree with him, fine. fight for your cause. it goes to a bigger narrative for how they attacked the tea party. not even the democrats. when you get to the progressives. they demon yiez, demagogue when they didn't debate the issues. >> what he said today was if you have an issue with what i said accusing the tea party of being rey racist he said you're a racist and i'm the victim here is what

he was trying to say. >> come sit next to me on "the kelly file" or on my show and have a real discussion. they don't have the cajones -- >> does that make it better when it's in spanish? >> for his constituents, large hispanic population. they don't want to face a real debate. he attacks martin bashir who has no love for the tea party or the right. >> he made it clear. >> he tried to equate the tea party with racists even in his question. >> that wasn't good enough for congressman grayson. he needs everybody to support his use of the burning cross in a fund raising e-mail and referring to a group of people who buy bi and large stand for limited government. otherwise if you don't you are a coconspirator, potential racist, apparently. always interesting, mr. webb. >> never a dull moment. >> adios.

>> sadly. >> coming up, new information in this decades-old murder mystery that grabbed headlines around the world. up next, mark furman explains why he thinks jon and patsy ramsey may indeed have helped cover up their daughter's murder. (dad) just feather it out. that's right. (son) ok. feather it out. (dad) all right. that's ok. (dad) put it in cond, put it in second. (dad) slow it down. put the clutch in, break it, break it. (dad) st like i showed you. dad, you didn't show me, you showed him. dad, he's gonna wreck the car! (dad) he's not gonna wreck the car. (dad) no fighting in the road, please. (d) put your blinker on. (son) you didn't even give me a chance! (dad) ok. (mom vo) we got the new subaru because nothing could break our old one. (dad) ok. (son) what the heck? let go of my seat! (mom vo) i hope the same goes for my husband. (dad) you guys are doing a great job. seriously. (announcer) love a car that lasts. love. it's what makes subaru, a subaru. and his new boss told him twthings -- cook what you love, and save your money. joe doesn't know it yet, but he'll work his way up from busser to waiter to che before opening a restaurant

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court documents ruling new questions in a decades-old case that grabbed attention around the world. after 14 years today we got our first look at why a grand jury decided to indict jon and patsy ramsey in connection with the death of their daughter jonbenet. trace gallagher has the story. >> reporter: the indictment didn't directly accuse the ramseys of killing their daughter. it accused them of putting her in a dangerous situation and helping whoever did kill her.

the grand jury agreed only on counts four and seven which means they didn't agree on the majority of the counts including murder. a grand jury in colorado requires only 9 of 12 jurors to agree to indict. legal experts say the likely reason the d.a. chose not to prosecute is that if you cannot convince nine of 12, how do you convince 12 of 12 in a criminal trial? listen. >> grand juries are always going to do what the prosecution wants unless there is really just nothing there. if the prosecution really wanted an indictment and said so the idea they wouldn't indict for murder means there must have been very little evidence. >> but the boulder police department which was accused of bungling the case feels vindicated by the indictment and believe there was ample evidence to go to trial saying cases are rarely perfect and often contain conflicting evidence. as a result, the opportunity to present the entire case to a

jury may be lost forever. the statute of limitations on the grand jury indictment ran out in 2002, megyn. the d.a. has not yet commented on his next move. jon ramsey has not commented on the release. >> thank you. joining me now, mark furman, former homicide detective with the lapd. what does this mean to you? >> when i look at this, the grand jury seems to agree in these two indictments that jon and patsy ramsey both knew the person that actually caused the death of jonbenet. they were the ones that the placed jonbenet in that situation to be killeded. the death of a child where there is abuse, fist degree. they aided and covered up and staged a crime scene, wrote a ransom note. those are the tidbits of evidence they are referring to

in this indictment. because those are the issues that the actually made jon and patsy appear to be suspects in the case. >> what does that mean? what motive would they have to cover up the murder of their child or facilitate it? >> certainly we don't know jon and patsy ramsey, who they are. we know what their public persona is. you have to look at the situation. jonbenet ramsey came into the house at approximately 10:00, 10:30 on christmas night. by 5:00 in the morning the mother discovered the ransom note. there were four people in the house between those hours. jon and patsy, their 9-year-old son burke, and jonbenet. the ransom note was never cleared as far as patsy writing that. >> this is it.

>> jon ramsey discovers the body. who who are they protecting? >> we are told the son burke was cleared by dna in the years after. dna was found around the underwear of jonbenet. >> dna can't testify and it lastses thousands, hundreds of years. weeks and days. you don't really know how the dna the gets to the victim or in the crime scene unless the it is completely, i guess, handled 100% properly. we see it in death row cases. dna needs supportive evidence. the supportive evidence of the dna goes in the exact opposite direction. the mother appears she wrote the ransom note. jon ramsey finds the body. the victim is strangled with a skull fracture the.

they are inskipt with each other, strangulation is inconsistent. >> the grand jury had they ever doubts about the ramseys but the lawyer said this is grossly unfair that they have been cleared and this is a malignment of their names. thank you for being here. send me a tweet @megyn kelly. ♪ [ engine revs, tires squeal ] [ male announcer ] since we began, mercedes-benz has pioneered many breakthroughs. ♪

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this is one of my favorite

tweets. me megyn, somewhere around you do you have a sign saying "please be rude to me"? i hope not. thanks for watching. send me a tweet. follow us on facebook. have a great weekend. i'm megyn kelly. this hour, when he talks, washington listens. charles krauthammer. his uniquely american story. his journey from m.d. to the pulitzer prize. how he over came a devastating accident with a determination to lead. a life that matters. hello. i'm brett bear. i hope you will enjoy this special as much as we enjoyed making it. fox news viewers know where charles sits on most of the issues but we bet there is a lot you don't know about the all-star panelist, syndicated columnist, harvard trained psychiatrist