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tv   The Kelly File  FOX News  December 9, 2013 9:00pm-10:01pm PST

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>> o'reilly at fox news.com. word of the day, no palter. thanks for watching us tonight. miss megyn is next. we're looking out for you. >> in the three and a half years leading up to the roll out. how can that be? the white house saying the president and secretary sebelius have had countless meetings but
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refusing to provide dates, times or topics. why is that? a fellow at the american enterprise institute and a former speech writer, mark, do you buy it? >> well, maybe. jay carney said look, there are lots of meetings not on the record. i just had two yesterday. that is not true. every meeting or anyone had with him is reported. there is something called white house diary. there is a room outside of the oval office which is where the president secretaries and personal aides stay. every visitor goes through the outer oval. outer oval staff records everyone going into the oval office, who was there, what is discussed every phone call, who he talked to, how long and his bathroom breaks they send this information to the -- >> really? >> and send to it national
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archives. >> that is creepy they write into the logs vacating. and so, >> maybe the president was right about being the most transparent administration ever. >> so there is a law. outer oaf yaul yal law telling us who visited and when. is that public? or used to answer questions being asked by the public? >> well, first what happens is that they take that log and send it to a career employee of the national archives called white house diarist, that person is responsible for keeping a minute by minute record for scholars and the rest f they're sending a record of the bathroom break tz national archives they can send how many times he met with kathleen sebelius. jay carney says i don't have numbers all he
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has to do is walk 20 paces and ask how many times did kathleen sebelius meet with the president. they can tell him in two seconds. >> why won't they do that? >> if it was an embarrassing number the fact is that this exists and if what they're saying is true, dozens of one on one meetings in the oval office there is a record of it in the oval office and in the white house. and at national archives. all they have to do is look night. >> sebelius came out with a stanlt saying she's been to the white house countless times, is frequently at the white house for meetings including dozen was the president last year, she met with the president last thursday. what do you think is going on here, mark? they try to tap down the story.
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another person says look, i will personally attest i have been in several meetings with miss sebelius and the president. but why don't they say all right we'll check the logs and she's been there 60 times, your theory is that she hasn't been there enough. is the president too engaged? or kathleen sebelius not doing her job? >> if he met with her dozens of times why did he say it's going to work like amazon? he didn't know. so if he was meeting with her, she wasn't telling him the truth. but other thing is that this is what the report that has been put out by the government accountability institute shows that there are 277 meetings recorded by department of energy, secretary of interior, secretary of health -- of education. that
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says the attorney general. but she's not on there. why? why are her meetings not on the public record? if there are his steerus meetings why don't they tell us? look in the outer oval log and report it so we can know? if it's a good story, then, story over. yes. mark, thank you. >> thank you. >> we're seeing reports about another possible consequence of the health care overhaul. media o o outlets continue to cover you losing your plan, we're hearing you may be losing your prescription drug coverage. dr. scott gottleib, good to see you again. why is this a
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concern? seeing a sharp uptick? >> co-pays are high. they're about 40% that you're going to have to pay on granded drugs compared to 25% in private sector. the bigger issue is that list of drugs aren't very long f drugs aren't covered then you're on your own. and the money spent on the drugs doesn't count on your out of pocket limit or deductible. that can cause patients tens of thousands per year. >> i know you referenced a drug used to treat multiple score yoesis. >> yes. a lot of specialty drugs were not in the form larry. meaning patients would have to pay out of pocket. this is very different than what happens now
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in commercial insurance. if a drug isn't on the formulary, it will count against your out of pocket limit or deductible. in this case it doesn't and l is so much varibility, patients are going to have to be careful because in some, it's tight. not a lot of drugs are cover asked others it's more generous but there are a lot of variables and not a lot of information. >> you know we talked about how now patients goring to find doctors are not covered by obamacare. now you're saying many prescription drugs are not going to be covered in obamacare we talked about going outside of the network, and try to get the doctor or drugs anyway you're not going to get a reimbursement
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like you used to. >> there is another thing, you can't buy up the benefit. if you buy the platinum or gold plan, in many states wrur getting the same network and same drug formulation. you're getting lower co-pays and deductible. you're prepaying co-payments but not getting a different doctor network. the idea you can spend more money to get a better benefit you can't do it. in some states, you can. but in a lot of states the plans are the same. >> that is interesting. we're going to get to this later in the show. you're speaking to dr. emmanuel's suggestion you can keep your doctor if you're pailwilling to pay more, your comment is even paying more won't get you the doctor. >> right. you can't buy a better network. if you go online and
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look at plans, it's the same as the platinum plan. >> there won't be co-insure yavenlts >> wow. >> hits just keep on coming. good to see you, thank you. >> thanks a lot. >> well, and as mentioned we're going to have more with joe trippi later. this new claim, if you like the doctor, you can keep him. like another asterisk that is not offered on promises made. coming up when jp morgan agreed to pay the government a $13 billion settlement you might have thought taxpayers got that cash but wait until you see where it may be going instead and controversial hires but the obama administration. a look at
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what's happening at the department of homeland security tonight. plus, an espn reporter may have asked a star football player one too many questions about a recent rape investigation. the controversy continues. his reaction just ahead.
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>> now we're hearing they aren't the only ones potentially getting paid. i say your money because perhaps it could have gone out to people injured but those won't be the only ones, right? >> and that is right. you have to remember jp morgan and other banks took these subprime mortgages and bundled them up to investors so now, it admitted it duped borrowers and investors here is the breakdown. $9 billion goes to pay off feds and $4 billion to consumer relief. meaning
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modifying loans. so an independent monitor will oversee how money is spent. but if you look, in four years it will go to neighbor works of america a group providing affordable housing and funds a network of community organizers. in 2011 giving $35 billion to 115 different organizations. critics say some operate the same vein as acorn. busted a few years ago. we contacted neighbor works they said get thshg they had no idea they're going to get this money. potentially billions from the settlement. so far, hud has not responded yet.
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>> thank you. >> joining us now with more, judge andrew napolitano. judge, put it in plain english. what did eric holder's doj do here? >> eric holder's doj sued jp morgan chase because jp morgan chase bought country wide. country wide sold mortgages to investor that's lost money because it has not revealed a full extent of what it's selling. so jp morgan chase says we give up, we give up. how much money do you want from us? we have to get on with our lives and we want $13 million. mr. attorney general are you going to give it to people country wide took money from? oh, no. we're going to give it to us us treasury and treasury of the state. we're going to give it to some consumer lending organizations so they can make loans to low income people. and
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we're going to give to it some political organizations. jp morgan chase says just get off our backs this is an utter per version of justice for the federal government to extort billions from the second largest bank in the united states and give ate way to the president's political friendand favorite political causes. >> you heard about the group neighbor works america going to provide housing, counselling, foreclosure prevention to people. then, they say that jp is to offer home hoons to those hit hardest by the foreclosures. making it do what it did in the first place that got us into the
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mess? >> yes. in the first place, country wide mortgage the bank jp morgan bought. jp mortgage didn't make the loans a guy named angelo mozillo did running country wide. >> i was one of your clients >> they want jp morgan chase to do through the federal government, what the money jp morgan chase is doing what country wide did ten years ago. it's gooding to spawn the same problem. >> if the money got farmed out, i guess that would be one thing. it sounds like it's going to get funneled to the extent there is extra to some pet projects.
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>> it's a care characterization. it's unlawful what the federal government to give money away to political causes whether left or right wing. that is not what you pay a board. there is not a jury that will authorize to give to causes like this. >> that may not be true. judge, thank you. good to see you. >> good to see you. all the best tonight. >> thank you. >> a cable news host suggesting the word obamacare is synonymous with one of the ugliest racial slurs out there and some controversy hires by the obama administration. are they stacking the deck at the department of homeland security? we'll talk about it next.
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>> this administration knows personnel is policy. they're changing personnel to change the policy.
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>> all >> that is an exclusive report on a bunch of new attorneys just hired to manage litigation for the obama administration. reviewing nearly all of the new
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lawyers hail from pro amnesty groups that, is his term or pro immigration groups he says they're very controversial. joining me now is the ceo of l and g incorporated. what chris adams is saying is that they're stacking the deck in a way immigration policy will not be enforced. whatever the president decides to do won't be challenged within the administration because everyone will be like minded since he's added scores of new attorneys who are from these groups that have been to the left. >> thank you. as a matter of record the obama administration is being criticized for the record number of deportations under president obama's watch.
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it's against the law and the evidence proposing for this is thin. first of all, he selects a, he cherry picks a number of recent hires so we don't have the whole picture of the hires. >> he says it's 40. >> he says 40 >> it's 40 but we don't know. have you to present and in order to present an investigation to with more system mattic. >> let me let you finish your point. he says they're granting a position to have 14 new attorney positions but begged for more, then, suddenly said they're given information to hire 40 plus new attorneys and said all of them, new ones have these activist back grounds go ahead. >> well, so, again, we don't
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have the whole fick tour in terms of numbers. a percentage of those under general counsel's office but secondary criteria he uses to select afillation seems to be sloppy. one of the areas he uses is one of the recent attorneys is a pub of a clinic at harvard law school. another was an attorney worked for lutheran church at one point in her career and that an attorney worked for constitution society at the university of michigan. these are kind of silly bases on to allege someone has a political bias >> he talk pz jennifer lee, who was an advocate for illegal
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immigrants obtaining in state tuition at public universities. helping add voois viez people what to do in the event of a raid. >> so there is efforts to fingerprint so here is my question. you have been a working government. i'll let you do that. is this just, i mean we've seen, i know but we have seen it done by both sides. and so do you deny this is an example of that? or live with it? >> i don't think there is evidence of that. i if there is stronger evidence then i think we have to keep in mind something about immigration f you're working outside of the government on immigration
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likelihood is that there is nothing unnatural about the bobbing back grounds .2 is christian adams doesn't allege that they're somehow unqualified these are not qualified attorneys oochl no. he is saying they're stacking the deck. he is that janet lee is not going to be the most aggressive attorney. >> i think it's weak to make that argument. because of someone's background, simply because someone chose to work for an organization or law clinic that means they're not going to enforce the law there are checks in terms of how they enforce the law. >> it's interesting you say that. >> because -- >> i got i but -- >> there is christian adams was torn down by many on the left because he was a doj whistle blower. and they ripped on him
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as a conservative activist. they were saying i've been rewarded and giving bonuses and so on. but not by you. i should point out. >> thank you. >> okay. okay. >> it's over between us limited time. coming up, remember how president obama said you can keep your doctor? if you like your doctor? one of the architects has just added a very big new "f" -- if. and why some are saying christmas cards have become self-serving. and not just nice as they used to be.
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>> if you've got health insurance you and like your doctor or plan, you can keep your doctor and your plan. nobody is talking about taking that away from you. >> president often repeated promise if you like your doctor you can keep your doctor. but now, one of the main architects of the law is now adding a new and important caveat to that program promis watch. >> the president never said you're going to have unlimited choice of any doctor. wait. no. he asked a question if you like your doctor you can keep your doctor. did he not say that? >> he didn't say you can have unlimited choice >> if he say if you like your doctor you can keep your doctor? >> yes. >> if you want to pay more, you
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can do that. >> well, joe trippi is a former campaign manager for howard dean and is a fox news contributor. here we go, again. it's not yochltd it's asterisk. this isn't something people are like whatever. they care, it's their doctor. the number of times that we've have seen material representations upon which the american public relied collapsed after the fact is becoming disturbing. am i wrong? >> no. look. the fact is that president did say you goat keep your doctor. we know that is not going to happen for some people. perhaps you know for, 5 million. i don't know what the number s
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we know that those are the facts. they're going to go up again. i doubt it's going to work for anyone you say you get to keep your doctor. if that is going to happen any way. i don't see how this helps this kachs what they need to do with this administration needs to do is make sure they build credibility but just move on and make this work as best they can. and build up credibility. >> let me tell what you i think the problem is having spoken with both sides now that they have to lower the cost of health
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care over all, and one ways they're doing is by limiting benefits and reimbursements. doctor ss saying i'm in the n i'm not going to do it. there is nothing they can do to force them back in. >> no. that is true, but the other side of that is millions going to find out they do have the same policy from their employer. so there is a groove where this is go to being impact. >> wait. wait. >> good. good for them. they, the government decided they get to keep what they had before who would be winners and losers the story now is about people
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who are made promises that have been broken. latest is that you and your doctor? it may be over between two of you >> that is going to happen with some people. that is clear. they're going to pay a price administration will pay a price for that. with these people. i'm not saying this is how going to play out. there are going to be people saying this is working for them. and in november, 2014, they, there will be accountability on both sides of that. >> now, saying you know i feel bad people are losing their
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plans because of what i said that is about if you like your plan you can keep your plan. a lot of people are going to be able to keep their plan but they will lose their doctor ask view that as a compromise of care. they want this doctor. and now you're going to find out the relationship may be receivered though you kept your plan. does the president need to just come clean on this law? and let us know what is going to drop. >> if the case you're talking about happens with enough people, there will be other who's had a preexisting condition now can have health care. those people will like this law. i don't want to go
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into other things out there but there is going to be a case now made all the way through. >> we, see the thing is that we knew about those benefits. that is an expected result of the law. we didn't know that millions of americans were not going to get to keep their plan, their doctor or prescription drug coverage. that was misrepresented. >> that is how full throttle will it be? >> going to be changing the law or accountability at the ballot box is just how our democracy works. is that how going to play out november 2014? >> all right. joe. good to see you. >> good to see you, megyn >> tonight a cable news host suggesting the word obamacare is synonymous with one of the ugliest racial slurs out there.
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we'll take a look at that logic right after the break.
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it's a word that has been with us for years. like it or not it's printed in the pages of american history, intended as derogatory term made to shame the word kons yeefd by a group of wealthy white men who needed a way to put themselves away and apart from a black man. president obama has been labelled with this word by his opponents you know the word i'm talking about. obamacare. >> okay. that is a former clinton white house deputy assistant. unbelievable. matt? let me give that to you as a former clinton white house guy. it's meant to shame, divide and demean and conceived by a group of wealthy white men?
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>> that is ridiculous. thank you for going to me first. look. if this is an attempt to humor, it failed and was not funny or appropriate and it was offensive. it misses the point the president adopted the idea of the term obamacare in ways that he hasn't on other things republicans come up with all sorts of terms, death tax, you know we don't adopt those terms but the president adopted obamacare because it stands for signature of his presidency >> she suggests he had to. that this has been rendered the theory to diminish him but he had to submit to it. that is the only reason he took it on. katie what is she talking about conceived of by a group of wealthy white men? >> i'm not sure. i'd like to
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point out melissa harris is a tv host and professor, if we're going to talk about obamacare being a bad term? can we talk about romney care? this goes back to the argument. it's all thrown in as racist because they don't want us to talk about it anymore. to get rid of the argument it's doing poorly they're throwing this argument to get us off of the i don't want to be a racist campaign. >> this person in particular, these racism everywhere. i mean everywhere. come to that movie "boomerang" they'd see the pool table and they're like a black ball gets hit. it's a joke some people see racism everywhere and it diminishes actual claims? >> that is right. everyone criticizing obamacare is a racist? that means doctors fleeing practices bau they can't afford what is going to happen that, means franchise owners saying
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i'm going to eliminate employees? and full timers will be part timers because i can't afford the health care. then, also, all millions of americans that lost their policies. they're racist, too? there is a racist in this equation. >> a short form way of refer together law only short forms as aca. let's move on to this football controversy down in florida state. their star jamis winston was not indicted the plows decided not to go after him. after he was accused of rape. a reporter got to ask him some questions about that now-resolved investigation. and he answered a couple then this happened. >> and on thursday, afternoon
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the investigation coach fisher told us he told you he has trust in you and just need to be you and he'll take care of the rest. how much did that trust help you? >> i love him i love him. that is how you do what we did today we're trying to make history. we've got to keep going >> how come you decided not to talk during the process? >> yes. thank you. >> jamis, congratulations. >> if i were represene told hime thing. >> keep your mouth shut. the prosecutors just decided not to proceed with charges doesn't mean they can't reopen it. it's still an open investigation. they can find out something. thank goodness for the man that pushed and said that's enough. >> people may be looking at this as evidence of guilt? but it's not evidence of guilt.
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>> not at all. >> when i represent individuals don't say anything. especially to reporters let the lawyers talk. don't speak to reporters. >> all right. now there is more to this case ger rald yes was on owe hiely friday night railing about the evidence about the physical marks on her, the fact she did go to the hospital. listen to ger rald yes. >> she was fighting him off. the roommate winston's roommate said hey man cool it. then, he took her allegedly the winston took her into the bathroom where he finished the act. >> matt? his detractors are claiming this is a case of big man getting a pass. >> very scary. look. if what he is saying is true, it's rape. this guy should northbound jail.
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if shouldn't be playing in national championship game. he was talking in that interview about how they've got to keep their eye on the ball and focus on the game this, is one of the most serious al gayings of crime there is. if there is any truth to that, the school shouldn't let him play. >> last subject. >> i know. prosecutor says evidence isn't there. they can't convict him but that is it. there is a new opinion piece in the washington post talking about how our christmas cards have gotten too, now we go on shutter fly take a picture of the kids say these are the addresses there is no personal note this, is something my mother rips on me and doug for every year. i say to her we sent something. it's better than nothing. >> exactly. that is how i feel. in the age of facebook, everyone knowing what each other is doing and text i feel like you sdroent
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to send a letter. who has time for this? getting cards printed and in the mail is a big accomplishment. we deserve credit for trying to do it. a for effort on christmas. >> yes. >> i put you on the list. >> exactly. you made the list. >> matt, what do you do? >> i'm the world's worst holiday card person. >> see? >> i have great sympathy for this argument. i don't do anything. i just receive a lot of these. >> and throw them away probably. >> i'm ahead of him. mercedes, last word. >> i love those cards. it's a production. i have my dog in it, my kids, the background. it's big production. i love them. love sending and receiving them. >> if you don't write a note on the back, the point is we thought of you. that's it.
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fill in the planks. my mother rips on doug because he's a writer. still, no personalized message. thank you so much. >> good luck tonight. >> good luck. >> thank you. ♪
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nice. we are here on the west coast tonight for this special edition of "the kelly file" because i was making my first appearance on "the tonight show" with jay leno. here is a sneak peek. [ applause ] >> please welcome megyn kelly.
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♪ [ applause ] >> nice to finally meet you. >> thank you very much. good to be here. >> it's your first time. tell us about yourself. >> simon wouldn't kiss me. he tried to say hello to me in the green room. i wouldn't let him. i have a bad cold and he's a germaphobe. i have my tea and my little tissue. >> okay. >> i think i'm good to go. >> all right. >> i work at the fox news channel. >> i had a lot of thoughts to share with you about this appearance.
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i will share them on twitter. follow me on twitter@megyn kelly and go to our facebook page. let me know what you think and i will let you know what i think right now. so tonight set your dvr for jay leno and "the tonight show." i will be there along with simon cowell. follow me @megyn kelly and on facebook at facebook.com/the kelly file. thanks for watching. i'm megyn kelly in los angeles. see you in new york tomorrow.
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