about something, just go to madashell address, and ms. megyn is up please remember the spin stops here. we're definitely looking out for you. breaking news tonight, a congressional investigation has just been launched into allegations that the u.s. census bureau may have been falsifying the unemployment numbers, including in the months just before the last presidential election. welcome to the kelly file, everyone, i'm megyn kelly. the house oversight committee, sending a letter to the director of the census bureau, citing the fact that the unemployment number was fabricated and demanding a quick response, the report claims the deception took

place in 2011, when i dropped from 8.1% to 7.8%. at the time it was news that critics like jack welsh immediately questioned. and which president obama repeatedly touted on the campaign trail in the final stretch before election day, watch. >> this morning, we found out the unemployment rate has fallen to its lowest level since i took office. >> after losing about 800,000 jobs a month when i took office, our businesses have now added 5.2 million jobs during the past two years. >> on friday we found out the unemployment rate has fallen from the height of 10% down to 7.8%, the lowest since i took office. >> we created 5 million jobs, gone from 800,000 jobs a month being lost. and we are making progress. >> the census bureau has now

released a statement saying it is taking these allegations seriously. joining me tonight, utah congressman, a republican and demanding answers and promising a full investigation. congressman, good to see you, so the essence now of the investigation will be what? >> well, we want to know what the census bureau knew, because there are allegations based on this article that we say. and it is just an initial article that there were people within the philadelphia field office who not only knew about this and were fabricating data, but also superiors were condoning this. and if that is true, i'm telling you megyn, that is not acceptable in this country. just not the way we do business. >> this is about stealing an election. what is this about? because obviously if you manipulate employment data, the question has to be asked if you did it for political data.

>> there are implications on wall street how the government was reimbursed at the state level. remember, this came just days before the election, every day we pounded on the fact that obama doesn't work, and the employment rate gets above this number, so it begs the question did it really happen? we want to know if it is true. you know have supposed whistle-blower who said we were told the lie about this. >> all right, they cited the census employee who they say was caught faking the results. his name is julius buckman, according to confidential census documents obtained by the post. he was told to make up numbers by the higher-ups in census. that was 2010. but then the reporting claimed that it escalated right before the presidential election so that it was not just a 2010 problem. i want to ask you this,

congressman. so far it was just "the post" out there with its article, citing anonymous sources. now we have the census bureau directly weighing in. and here is what they say. i'll read it. we have no reason to believe that there was a systemic manipulation of the data. we carefully cross check the viewing of our staff, including looking for false reporting. they are admitting that they have conducted or started an inspector general report. do we know whether that was ever reported up to labor, as "the new york post" claims it was not or whether anybody in the government was informed that even they believed there was reason to question the data? >> we see no immediate evidence that the census bureau gave this information to the department of labor. now, we need to give them time to respond, but the initial idea

was no. they would lead you to believe there is something more nefarious, then just a reporter gone awry, we'll have to be very careful in the investigation, it is very serious. not just one person, you're talking about something that escalated over potentially the course of years and culminated right before the election. and for a truly independent who was trying to make up their mind about mitt romney or barack obama, i got to think that this had an effect. >> we'll continue to follow this as your investigation goes forward, congressman, thank you for joining us. >> thank you, megyn. also tonight, president obama addressing the troubled launch of his signature legislation, and placing blame scarily on the shoulders of the republicans, listen. >> there was just ideological resistance to the previously uninsured and people with pre-conditions. and there was a price for that.

it was, what was already going to be very hard, was operating within a very difficult political environment. and we should have anticipated that that would create a rockier roll out than if democrats and republicans were both invested in success. one of the problems we have had is one side of capitol hill is invested in failure. >> joining me now, chris stirewalt, host of "power play" on fox news. so one side was invested in failure, and there was just i a ideological resistance, those nasty republicans who are suspicious of the elderly and children, who liked dirty air, as was once suggested. now he says we're resistant to the idea of dealing with the uninsured and anybody with the

pre-existing condition, and that is why his law is having such trouble. >> well, counselor, if you had a witness and you deposed somebody and you said well, what did you do wrong? and that person said well, what i did wrong was underestimate how terrible the other person was. i wish i had thought it through, how awful this person was, because if i had i would have taken preparations for how awful they were, i think you would have found that to be an inadequate or insufficient response. >> right, there would be a non-responsive objection lodged. now, less than a week later it is the other side wanted it to fail. and really, you know, i under estimated how badly they wanted it to fail. and that comes under the heels of dr. emanual, one of the architects of obama care coming

on with me last week and saying this. >> you and your colleagues were constantly criticizing, trying to under-fund it and make sure it didn't work. >> a lot of that criticism proved true. >> it is self-fulfilling prophecy, we're trying to make it fail. >> i don't think fox news had anything to do with the failure of the rollout of healthcare.gov. as far as i know we didn't touch that website. >> this is about the fifth bite about this. there is a fundamental disagreement about what is wrong. so what the president and liberals and the folks he talked to yesterday, his campaign volunteers that he tried to rally. i guess he was trying to get them to rally him, he said. what they're concerned about is that not enough free health insurance is being given away. their complaint about the program is that not enough free stuff is going out the door because they did the internet wrong. and because all of this stuff,

now in that area they blame republicans because not enough enthusiasm among the republican government, et cetera. that is not why it is tanking, why the washington news poll said they wished they had mitt romney for a president instead of him. the cause of all of that is the insurance policies that are being emolated by the president's intentional policy and the fact he deceived voters on that subject. so it is not about how much free stuff is being given away. it is about the policies being destroyed to finance the stuff. >> and the republicans had nothing to do with that, literally, they voted against obama care. >> literally, yes. >> and they tried to raise the red flag to say that the regulations by kathleen sebelius were eliminating the grandfather clause. and nobody listened. i mean, they literally had nothing to do with the cancellation of the policies. >> and now what liberal

democrats are saying to the president is man up, dude, you have to get out there and say this is the plan. but it is hard to blame republicans for that one, so he is going to keep crawfishing. all right, health care going up for millions of americans as we learned price is may be going down for one political ally of president obama. joining me now, ron johnson, who was able to prevent the tax exemption care. this is something the unions have complained about for months now, saying oh, the bill, the law we love so much, the obama care turns out it could be bad for us because it will tax us to the tune of $25 billion, unions and other small businesses. and the president, first they asked him to give them subsidies, he said i can't do that under the law. and now he is trying to give them major, major tax breaks,

and you're trying to stop it, how. >> i'm a very willing co-sponsor, what the unions are doing is being hypocrites. they loved obama care until they're being asked to pay for it. so this is the reassurance fee, the unions don't want to have to pay for it. they're trying to get an exemption, and president obama seems to be willing to accommodate it. so our bill is going to say, you can't do that, mr. president. you don't have the legal authority to do so. >> is there any reason the president would give these unions exemptions other than politics? >> no, it is total politics, nothing other than politics in this thing. you know, what americans are finding out, this bill, the patient protection and affordable care act is not protecting patients. look at the millions of americans losing their health care. and certainly not affordable. this is one reason it is not affordable. all the taxes attached to premiums to health care. it is just driving up the cost. >> well, if the president does

give the unions this deal. and there is a lot of questioning going on about whether he can do this, once again, whether he has the legal authority to do that. but if he does it, what does it do for the prices that everybody else is going to pay under this law? >> well, what this reassurance fee is supposed to do is create a fund worth about a billion dollars, 12 billion, they're only talking about exempting the last two years. so somebody, other americans in group policies will have to make up that $13 billion difference. so it will cost americans more. >> you know what? you're probably not going to pass it, right? harry reid doesn't like to bring these bills to the senate floor. maybe the house would pass it, but the president is not going to sign it. what does this mean? they will get exempted and everybody else is going to have to pay?

>> well, the regulations have not been issued yet, but another way we could handle this is the congressional review act. with expedited procedures, hopefully just 51 votes, strike down that regulation. so we'll do everything possible to stop the special treatment for president obama's cronies. >> senator johnson, great to see you. >> have a great night. another provision of obama care that still is not working. the healthcare.gov website, you will not believe how incomplete it is. it is worse than we thought. coming up, what it means for the five and a half million now who have already been cancelled from their insurance plans and are supposed to go to healthcare.gov to get coverage. and 100 years ago today, president lincoln delivered one of the most important speeches. and today, a fire storm on why president obama didn't go to the ceremony. and why one of his advisers decided to blame it all on healthcare.gov. i take pril

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issue payments to people in january. >> that was a hearing on capitol hill today, talking about the problems with the healthcare.gov website, and they're worse than we knew. joining me now, senior political editor guy, so that was the guy in charge of this mess, saying the website, this particular portion to deals with payment to the insurance companies, which is a critical function of healthcare.gov, is only 30 to 40% ready as i understand from that exchange. >> it is mind blowing, megyn, and they said 30% of the obama care was complete, or 60 to 70% was complete and you only needed 30% more. but it is irrelevant. the fact of the matter, according to his sworn testimony, this was the chief expert for obama care, somewhere

between 60 and 70% of the obama care website has not been built yet. i'm trying to wrap my head around that fact from when i watched it on capitol hill this morning. >> i don't understand, it is november 19, by november 30th it will be operational for 80% of the people. how can it be operational for 80% of the people when the payment mechanism built into the website is not yet functioning. >> well, here is another question, how can it be 80% functional when according to the main it person for the website, it has not even been built yet. i can't understand, jay carney told reporters today they were still on track to meet their goal for november 30th. i mean, that is completely incompatible with the testimony delivered on capitol hill this morning by the guy who is literally in charge of making this stuff work. and as you mentioned, megyn, it

sounds like it is back end issues playing to the website or haven't been built yet. >> the thing that is troubling, we had the reports that when people signed up, most of them had not yet paid. so the first bill is not due yet. so you can sign up for obamou d immediately. so it sounds like this guy is saying oh, and when you do try to pay it is not going to be pleasant. and let's face it, how many people are going to work hard to pay? they don't -- it is barely -- we can barely get them to work hard to register for insurance. >> right, going to mail a check to the insurance company? and here is the other thing, megyn, this is still very unclear exactly how this is going to work. but based on my understanding, in order to be covered on january first, the beginning of 2014 you don't have to have signed up by december 15th. you need to have paid your first premium by december the 15th.

what happens -- >> the 5 million people who just got kicked off their insurance, how are they going to do it? >> i don't know how it is conceivable for them to be able to even possibly do it, considering these things haven't even been built yet. it is not like oh, there are problems, they're fixing it. they're still building this website, apparently it is only about two thirds of the way done. i don't know how they possibly can sit there with a straight face and tell us this thing is on track for the 30th. we're not going to delay the law. but there is no way for people to actually pay the premium to guarantee that they're covered when the new year begins. it is scary. >> and they're supposed to be looking elsewhere now because they have this fix. well, you know, your insurance company can keep you if they want to. we all know that is discretionary and not looking promising, guy benson, thank you. and explosive new details on

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. from the world headquarters of fox news, it is "the kelly file," with megyn kelly. well, some stunning new details tonight about what happened the night of the deadly attacks in benghazi, libya. we're learning that state department officials at the consulate were on the radio that right asking for help to save their lives and didn't even have weapons to defend themselves. fox news chief intelligence

operator catherine herridge has more. >> well, we learned they understood they were in a death trap. and when the attack came on 9/11, they began to plead for their lives where they were all going to die. when that team arrived from the cia annex, what they found was the state employees didn't even have guns, and one hid in the state department consulate to stay safe. what they learned, they were seething with anger, because everything they saw on the ground that night said it was a premeditated terrorist attack. >> we should mention it was 9/11. i forget ot to say that in the introduction, it was on 9/11, and all of these attacks were

carefully planned. >> based on our reporting, me r megyn, we learned they had very good information that they knew where the safe room was where ambassador stevens would retreat. and that also there were gasoline cans and generators. and they seemed to know the locations, that they had been pre positioned in order to start the fires. they learned there were five mortars that rained down on the cia annex, and two direct hits, he almost lost his leg, one of the cia contractors has never regained the full use of his arm. and that kind of accuracy, three out of five, that is an incredibly professional hit. that is not something that change easily done on the spur of the moment. >> so what does that new evidence then say about the administration's initial story, this is all the result of a spontaneous protest? >> well, one lawmaker said based on what they heard in this

classified session that these explanations were not defensible. and these witnesses were the first people they had heard from on the ground at the annex and also at the consulate. and they say that everything pointed to something that was premeditated. and that was known virtually almost immediately. >> catherine, thank you very much. you're welcome. and a celebration today to mark the 150 th anniversary of the gettysburg address, and new back lash after president obama did not attend, and wait until you hear what his senior adviser is now claiming for the absence. plus, the bizarre new 911 calls and the incident that landed him in court. >> okay, what is going on there? >> okay, what is going on there? >> for lack of a better word, ready to run your lines? okay, who helps you focus on your recovery? yo, yo, yo. aflac.

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george zimmerman making headlines again, back in court today for alleged domestic violence. trace gallagher explains, trace? >> and between today's hearing, megyn and the newly released 911 calls, we're learning much more about george zimmerman and his girlfriend, samantha scheibe. she told the dispatcher he pointed a gun at her and began to smash the stuff. listen? >> i'm doing this again? you just broke my glass table and broke my sunglasses, you just put your gun in my face and told me to get the [ bleep ] out, no, get out of here. >> she ended up going to the neighbor's house, and when police arrived george zimmerman refused to answer the door

because he was calling 911 himself, claiming it was the girlfriend who went crazy and got violent. listen to him. >> i asked if we could go our own ways, aicably. when she changed, she just started throwing stuff outside, throwing it out of her room, all over the house. she broke a glass table because she threw something on it. >> he then told the dispatcher that she wanted him to leave because she was pregnant with his child and wanted to raise the child alone. but the sanford police chief said no, she lied about being pregnant. and today, the judge doubled zimmerman's bond after prosecutors revealed this. listen. >> there was a prior domestic violence incident that occurred approximately a week and a half ago that involved a choking, that she did not report to the police. she is in fear for her safety. >> accused of choking him a week and a half ago, so zimmerman is now ordered to stay away from

her, surrender his guns and wear an electronic monitor. and consider this, megyn, in the four months since he has been acquitted of the trayvon martin murder, he has been pulled over three times and charged with domestic violence one time. >> all right, thank you. and president obama facing back lash for not going to the ceremony, commemorating the 150th series of -- anniversary of the gettysburg address, and we learned why he didn't go. oh, i don't know, there is this whole website thing that suggests some are trying to destroy the party. and simon rosenburg, president of a progressive think tank. so a little snarky, by dan fifer, and in particular, the

white house tweet, the twitter account he is using. and because the president didn't have anything official on his docket today that had to do with healthcare.gov. so that is something that is unofficial, your thoughts? >> this anniversary was 150 years in the making, bottom line if president obama wanted to be there he absolutely could have been there. he opted not to be there. what shocks me are the optics of this. i would have thought his team, looking to make the president look good, would see this as an opportunity to get coverage. i almost thought he didn't go there because he knows he is in the tank for the american people right now. he thought they would suspect him of trying to get positive publicity -- i don't know, it is clearly not healthcare.gov. >> what do you make of it, simon? why he appeared in the healthcare.gov event -- in any event, he did that but didn't

actually appear. why wouldn't he go? it would be so easy. it would be a layup for him to appear and note the honor. >> well, he honored this day in his own special way. tonight, he released a handwritten letter that he wrote after walking down the hall in the white house to the room where president lincoln kept his study. where there is one of the five original gettysburg address copies that still exist in the world. and he reviewed it and read it and then wrote a letter to the american people with his thoughts. so he did honor the day in a way i think he felt was appropriate. obviously, this president embodies the spirit of president lincoln more than many other presidents. and i think he honors the president in the way he serves his job. >> but why wouldn't he go? >> because i think he did it in his own way. and it is legitimately true that he is a busy guy.

he met with the ceo -- >> how busy is he today? >> megyn, megyn. >> go ahead. >> yeah. >> he is not too busy to meet with wall street executives. he is not too busy to golf or vacation. i admit that yes, he has a lot on his plate. he could have been there if he wanted to be. the only way to avoid this pr disaster is to have had a genuine desire to be there and a sincere desire that was unifying around the original themes of the address, he didn't take that opportunity. >> some of his critics say he had time to golf, he had time for leisure activities, i guess it would have been taking a few hours to go to this. >> megyn, the last president to go to honor the gettysburg address was many years ago,

ronald reagan didn't go, none of the other republican presidents went. so -- just -- >> just admit it, simon, president obama hates lincoln, doesn't he. >> he could have gone on the anniversary of the address. >> but let me jump in, because i'm mocking here, because you know, that -- where are the president's critics going on this? because look, i get that he could have gone, it would have been pretty easy, right? like okay, if president lincoln one of the more respected, beloved presidents, one he claims to respect and but what ? why is it so important he actually show up there? >> i mean, i think again it was just an opportunity for him to show that he really cares about the past. and in my opinion, it is kind of a conservative thing in the literal sense of the word, conservative, to conserve what is important about the tradition. he probably wouldn't think it

would be that important, a celebration to commemorate the 150th anniversary. >> megyn, i think it is really amazing, this president, his family is probably more directly connected to the actions that were taken by abraham lincoln. >> you're making the point the critics were making. >> his wife's great grandparents, they were slaves themselves. but the idea he has not honored lincoln or not connected to the tradition, or even the speech he wrote, it is preposterous. >> but what his critics are saying, his purported connection he claims to feel with lincoln is false. and that he used it for political purposes, that is evidence by nonappearance, that is evidence. i'll let the american people decide it for themselves. >> thank you. >> president obama today blaming republicans for the troubled obama care rollout, brit hume is live next on that. and we want to know what you think. go to facebook.com, the kelly

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fine-tuning the law more challenging. but i'm optimistic we can get it fixed. >> back to the top story tonight, the president blaming republicans for the rocky rollout of healthcare.gov, just a week after he came out saying that was not him. that he was taking the blame. joining me now, brit hume, our fox senior analyst, so a week after he comes out and does the mea culpa thing, now he is coming out saying that it is the republicans. >> well, i guess he is saying they wouldn't help fix it. but this is a reflex, this is what he does. i can't imagine that would get him anywhere. because this is so clearly the creation of him and his party. the republicans had no buy in it, them or their party. and it is a little unreasonable for him to come in and pull the chestnuts out of the fire if they could even do it, given the

continuing deterioration with it. every morning with the headlines, i think it is foolish for him to do this, but he can't help himself. >> i asked chris stirewalt, and now after coming out in the initial moment, being a little humble, i'm sorry, well, initially he denied there was a problem. but once it reached critical mass, now, we played you a shortened version. he went on and on about the republicans when you listen to him in full. so is this going to be the new offense? >> i doubt it, megyn, and if it is, it is a very big mistake. it is not true, obviously, they have not helped as to make a program in which -- to which they're totally opposed. the whole intellectually and ideological under pinnings are abhorrent to republicans, it is totally unreasonable to think they would come in and help him

patch it around the edges. it is true, they are not invested in its failure because they don't think it will succeed. they have tried repeatedly to repeal it. it shouldn't be news to the president that the opposition opposes it. it is what they do. >> the republicans are coming out, and they're saying once again, well, what are your plans? they had some plans when they debated obama care that didn't go anywhere. they had the democratically controlled senate and the white house at the time. >> they say the president really tried to work with republicans on this and he listened to their ideas. and after all this whole idea of the original mandate came from the conservative think tank back some years ago, and therefore they should have some buy-in, but it is really not true. they wanted tort reform. he didn't want any part of that. they wanted a national market

instead of a series of state markets for the insurance to be sold across state lines. he didn't want that either. >> but my question is bigger than that, because now that obama care is having such trouble, do the republicans face some political risk in not offering a solution to somehow fix what is broken with it? and do something other than say let's watch it collapse? >> not yet. but soon. and there will come a point where we're in this phase now where we're seeing this thing seemingly crumbling. i keep thinking, megyn, i'm going to wake up and there will not be any news stories about problems and health care reform. but it has not happened yet. and as long as this thing is in this phase, republicans don't need to stand by with a fix. but there will come a time when people are in trouble with the policies, worried, they're going to look for somebody to fix it

for them. and they will measure the republicans in matter by whether or not they have something. now listen, you had senator johnson on tonight, he was talking about something also tonight. but he has to measure it by whether or not people keep their health policies, so there will be a day when they have to come up with a comprehensive plan. and at that point, of course, they will be subject to the kind of attacks they made on obama care. so anything this big will be disruptive in some way. >> quick question, does anybody care the president didn't go to the gettysburg address, or is this a nonissue? >> i think this will be something they will no longer note. if you don't like obama -- >> gettysburg address, he was not around for that. >> yeah, i suspect he remembers thecoming up, outrage after

a new deal in afghanistan could involve an apology from the white house. why our next guest says that can't happen. and "hannity" at the top of the hour. >> look, we want to get to the bottom of this. we want to know if there is a problem and that problem is serious, even if it is one actor. but certainly if the controls are not there to make the checks and balances we take responsibility for it. not just for every ten-year census, but month after month, the numbers are critical to the i take prilosec otc each morning for my frequent heartburn. because you can't beat zero heartburn. woo hoo! [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years. one pill each morning. 24 hours. zero heartburn. [ female announcer ] to bake. or not to bake. that is a silly question. bake the world a better place with nestle toll house.

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. developing tonight, outrage over reports that a new security deal between the u.s. and afghanistan could include an apology letter from the president of the united states.

joining me now, gunnery sergeant who served 20 years on active duty in the marine corps. jesse, good to see you again. now, jay carney was asked about this, he did not shoot it down but only talked about how they don't comment on correspondents. but always express regret when civilians are killed. what is going on here? >> of course they don't want to suggest they're apologizing again and giving the impression of weakness in the middle east. this is appalling, in the middle east, many have lost their lives. if there were apologies that needed to be made it should have been made long before this security agreement was on the table. >> what does this do? if the president issues a letter of apology, and let's say it was limited to if there were civilian casualties in the theater of war, what are the results of that?

>> you know, if he makes an apology to guarantee further involvement with this country i think we're missing the mark. what is this? we were fighting al-qaeda existence in their country. we have had 20 -- close to 2300 americans die on their soil. at the expense of $360 billion. so troops on the ground are thinking what the heck am i here for when we have sacrificed the ultimate price and our blood is in their sand. so i would say if there were apologies that were owed, which do happen, they should have been done not with shabby deployment. >> i mean, where is our apology on what is being done to our troops by some civilian warriors, for all the damage that osama bin laden caused to the united states, for years prior to the launch. i don't understand why we're in

the position of apologizing. but is this how it is done in theater of war, jesse, to bring things to a resolution? this doesn't get it done, but will it allow us to authorize raids on afghanistan homes in some circumstances? >> well, if they're trying to guarantee an agreement, status of force agreement, which will protect america if there are disagreements, i can understand there has to be negotiation. but we should have had excellent diplomacy before now, we shouldn't be in the position where we grovel once again, this is deplorable that we should be doing this again. >> i don't know if the president is doing this again, reuters

citing it. that the agreement has been made. as you mentioned the white house is not yet commenting on what the decision is. but does this need to come from the president? as you point out, the commander-in-chief has a much greater effect than if it comes from a diplomat, such as secretary kerry. >> exactly, why are we putting the president out there to expose himself as a form of weakness, when the american taxpayers have footed the bill. what about the 7,000 troops who have been disabled from this war. we have sacrificed as americans, and when we go and say i'm sorry for things that are a part of the interaction in combat, we are forgetting that we rise up. we are the american military trying to sustain their freedom and fight off terrorism. >> jesse, thank you for joining us. >> thank you. >> thank you. >> coming the american dream is of a better future,

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office. and his love for the good old state of texas. go to facebook.com/thekellyfile, and tehink. thank you for joining us, i'm megyn kelly. this is "the kelly file." "hannity" is up next. this whole number is made up of a whole mess of assumptions. >> new allegations that the president falsified a jobs report to help him win the 2012 election. is this the next big scandal to hit the administration? >> i wanted to take this opportunity to say sorry to mrs. palin. >> and nbc news host says i'm sorry to governor palin. >> that is par for the course. >> but did his apology go far enough? >> a special hannity investigation into the so-called knock out gang, the attacks taking place in new york city. >> i think there is a level of