tv The Kelly File FOX News December 11, 2013 6:00pm-7:01pm PST
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world. name and town if you opine. do not be a mooncalf when writing to us. ms. megyn is next. i'm bill o'reilly. please remember the spin stops here because we are looking out for you. welcome to "the kelly file." i'm megyn kelly live from the world headquarters of fox news in new york city. tonight -- new fallout on the story of the 6-year-old suspended from school for sexual harassment. >> i kissed her on the hand. >> reporter: we investigate claims that his punishment can be traced to the department of education. he beat out miley cyrus, ted cruz and kathleen sebelius. tonight why pope francis is the person of the year. and is this the end of santa claus? the new push to replace the jolly old man with a white beard. >> merry christmas!
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>> tonight on "the kelly file." breaking tonight a "the kelly file" exclusive. we are getting our first look at new warnings from physicians that obama care may end up putting your neighborhood doctor's office out of business. doctor's offices across the country are learning just what they are going to get paid or reimbursed by the feds going forward in medicare payments in particular. some physicians have gone so far as to warn patients that they may not be able to keep the practice going. dr. doug wiser is president of the national spine and pain centers, the largest private pain management center in the country. want to tell the audience i know you and of your practice because my ex-husband is one of your partners. i receive your e-mail and your particular warning after you saw what the feds are reimbursing you for your practice and procedures which include fancy things like sticking needles in
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people's spines. tell us what the cuts are and why you are objecting. >> thanks for having us. basically medicare is looking for ways to save money on physician reimbursements. we are working collaboratively to make recommended cuts responsibly that allow patients access to care. we with offer a more cost effective alternative to hospital care including office procedure suites and ambulatory surgery centers that allow us to perform minimally invasive procedures. >> you get a needle in your spine, concrete in your spine, crazy stuff. but you keep people out of the hospital. >> that's correct. >> why do you claim the cuts are dire? >> medicare proposed cuts that an average come out to 24% but pain management ranges as high as 58% for basic epidural,
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herniated disks or spinal stenosis, sciatica or leg pain related to nerve compression. that's not sustainable in the office setting. we are already providing care just over cost. 58% cut over and above the mandated medical records. it will force nearly 40% of pain providers who work in the office setting to consider whether or not that's viable going forward. >> i know you reached out to your patients and said contact your congressman, object to this. this is going to force some doctors out of business. in your letter you say they are trying to push doctors who are in private practice out of private practice and patients over to the hospital setting. why would the government want to do that? >> it's difficult really to ascertain the motive but the goal is a nationalized system. the government states they want to reduce costs of health care.
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we offer the lowest form of care for painful spinal conditions. yet they cut us the deepest as opposed to our hospital systems that have a much more expensive overhead and facility fee associated with what we do. so the question that begs to be answered is whether or not hospital lobbyists are still working behind the scenes with congressional leaders and that's forcing the hand or, more likely, that there is a generalized push towards a nationalized system like canada or england forcing doctors to sell to the hospital or go out of business. once we get to the single hospital employing all doctors we get closer to that system. >> your practice still gets decent reimbursement from medicare. some of the examples, lumbar epidurals, so that's the low back, sticking in the needle. and cervical epidurals which is
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higher. give us an example of the rates cut for you so the audience has a feel. >> as an example for cervical injections that were averaging around $250 in 2013, the suggestion is $117 in 2014. low back, $247 reduced to $215. those are 51 to 58% cuts. it's not sustainable given our overhead. we are not capturing a fee for running a facility typically in our office. we have surgical centers in some of the states. but that fee pales in comparison to what the hospital would recoup for their overhead. >> i know the spinal stimulation procedure was cut by thousands of dollars. we'll see where it goes. good to see you. >> thanks for having me, megyn. >> all the best to you. that's just the first round. the numbers are coming out of what doctors will be reimbursed.
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you are hearing them say they're shocked. once medicare cuts, private practice follows. i mean insurance reimbursements. we got new numbers today on obama care enrollment. roughly 360,000 signed up for private insurance so far. no word on how many have paid for the policy. so 360,000 may be irrelevant. one of the new enrollees is mark roob. we'll speak with him about his experience as we get report that is the exchange built for lawmakers and their staff is encountering serious problems. earlier today on capitol hill, health and human services secretary kathleen sebelius faced a grilling on the troubled health care.gov rollout. things got tense when lawmakers tried to ask about all of the people seeing premium hikes. >> you are telling us that those -- >> i have told you -- >> are inrolled.
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>> i told you who is enrolled. >> that's why we are frustrated. we don't get the truth. you cannot say as you have numerous time that is these preventative care services are free of charge, can you? >> they are free to the consumer, yes, sir. >> they are not. there is no free lunch. >> if the you have preventive care and prevent a costly hospital stay, cancer -- >> all right, i got it. >> down the line -- >> we are going to agree to disagree. >> it lowers the premium. >> it's like talking to the republic of korea or something. nuz. >> joining me now, michigan congressman fred upton, chairman of the house energy and commerce committee. he was in the hearing today. good to see you. i want to zero in on the point we heard about kathleen sebelius maintaining that new services -- contraception coverage and so on are free to the consumer. the point the congressman was
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raising was that there's been a administrators that the price has been built into the premiums, some which are raised, higher than they were. >> look, we know nothing is free, right? we are hearing from each of us, each member of congress i have to believe across the country who are hearing from hundreds and hundreds of our constituents who are are getting -- being forced out of their plan. more people are being told they have lost the plan, they are able to sign up for the president's new health care bill. for those that are now signed up or newly enrolled, many of them are finding that the premium is skyrocketing. >> she refused to admit it. she would not admit that premiums are going up. the architects of the law maintain while your premium may go higher, the subsidies will make it lower.
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>> no. in fact, premiums are going higher for people. the deductibles are going up in the thousands of dollars as well. people aren't able to keep the health care plan they want. we know all the individual plans, for me in michigan we have almost a quarter of a million michiganders losing their individual health care plan. we know by a year from now tens of millions, perhaps as many as 80 to 90 million americans with employer-based health care are going to lose their plans as well. >> how do you get anywhere talking to her? the congressman is taking heat for saying talking to her is like talking to north korea. she refuses to acknowledge that there is no such thing as a free lunch. it's not free contraception coverage. >> do you know what happens at the hearings? we could only have her for two hours today. shortly after noon she had to leave. we almost had more questions from her appearance than we had time to ask.
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some members weren't able to ask any questions at all. this is just a subcommittee. >> what about this? she came out today and said she believes strongly in the need for accountability. so today she's announcing that she's going to ask the inspector general to review the development of health care.gov. i ask you, shouldn't she already know the answer to that? she's the health and human services secretary. >> she looked us in the eye in september and said they were ready to launch. i want to say september 30 she said the goal for success would be 7 million enrollees by the end of march. here we are in mid december learning it's about 350,000. in fact, that's incomplete. until people are paid, have actually paid the premiums, there is nobody on board. they are not going to know the numbers until the end of the month. so what happens on january 4,
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february 15. someone goes to the e.r., to the doctor like you talked to. they think they may be enrolled. who knows if they have paid or not. they expanded medicaid more than 100,000 enrollees not expected. they are forcing folks onto the states. the states don't know if they are eligible or not. this is one giant mess. >> we'll look forward to that report. mr. chairman, fred, thank you for being here. >> thank you. coming up, the selfie seen around the world. tonight, new fallout from the photo op. we'll have the update for you. plus, a big update on the 6-year-old boy suspended for, quote, sexual harassment after he kissed a classmate on the hand. we'll show you why a columnist says angry parents may want to blame the obama administration. wait until you hear the connection. ♪
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record. trace gallagher says they have to consider him and his, quote, victim. >> right. now 6-year-old hunter's record says misconduct. there is no more sexual harassment. the school is accusing him of sexual harassment in the first place. the superintendent says the whole story isn't out there. he won't tell us what the whole story is but to say hunter kissed the girl on two separate occasions and she wants him to, quote, knock it off. the boy's moms has a different perspective. listen to her. >> she was fine with it. they are boyfriend and girlfriend. the other children saw it and went to the music teacher. that was the day i had the meeting with the principal where she first said sexual harassment. this is taking it to an extreme that doesn't need to be met with a 6-year-old. >> she claims her son is now asking questions about sex. the school calls the 6-year-old
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girl the victim and maintains that the right thing happened in this case because it apparently served as a wake-up call to hunter's parents and they are now working to solve his discipline problems and apparently even hunter is work withing on it. listen. >> i did something wrong. she sent me to the office. i feel sorry. but i just have a lot of energy. 6-year-olds? they have a lot of energy. >> they do have a lot of energy. by the way, he's back in school. the 6-year-old girl's family says they don't want to get involved. they add they do not want hunter to kiss their daughter anymore. >> oh, my god. that child is adorable. trace, thank you. they have a lot of energy. they do. that's true, hunter. there is a provocative peace in the "wall street journal" suggesting obama may bear some
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of the blame for what's happening here. really? dana laesh is here. and andell brown, an attorney who covers juvenile delinquency cases. the piece argues in april of 2011 ruslynn ali assistant secretary for civil rights threatened to withhold federal money from a school that failed to take a hard line against sexual misconduct including elementary schools though encouraged specific steps to depend upon the anyone of the student. dana? does the administration have a hand in this? >> a little bit they do. this mandate was controversial. ali received criticism and stepped down from her post. there is little in this mandate that actually gives any sort of discretion to age of student. it's a universally applied
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standard. as you see it's having a negative impact, especially here at secondary and elementary schools as is the case with with this little boy who has a lot of energy. with this mandate, here is the problem. when she wrote the dear colleague letter there were a few things she said. one was that the evidence required would be more likely than not. you barely need anything to go after the accused and it attacks the due process students should be able to enjoy like they would be able to enjoy out of a school setting. it's really the persecution quite honestly in looking at it that polices male behavior. it's the persecution of a guy. >> what do you make of it? there is a difference between a 6-year-old and an 11-year-old. i think you could make a strong case you shouldn't be bothering 11-year-olds, but 6? >> this policy is directed at making sure our children are
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safe. making sure they can learn in an environment where they don't have to deal with harassment. >> you think a 6-year-old boy can be a harasser? >> now, when a 6-year-old decides that they want to invade the personal space of another child and do them as they will, they have to the face consequences. there is no way around that. >> really? >> 6 years old. >> sexual harassment is not a consequence. >> that girl's parents said they don't want him kissing their daughter anymore. obviously she didn't like it. >> if the parents don't want it there is a way to shut it down. hang on. if the parents of the girl don't want it anymore, that's fine. there are ways to handle it. it happened from the beginning of time. to label him a sexual harasser. now it's down to misconduct. it seems to be a knee jerk reaction and the journal piece is suggesting they are marching from orders up high. >> that's the problem with the
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mandate. school administrators are running scared. you have all of the federal funding which could be held up because of the mandate from the president's department of education. when an accusation pops up school officials have have to jump. the funds could be withheld. it deprives students of due process. to put on a 6-year-old's permanent record sexual harassment? that's harassment to me. >> the issue is we say we are labeling a 6-year-old -- >> hold on. >> -- blaming it on the department of education. they don't label them -- >> here i am. i can't yell. let me ask you. the suggestion here is that there is targeting boys in particular. this is really going after boys. your thoughts quickly. >> there is nothing in the policy that says it is targeted at boys. it goes to anyone.
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the health and human services department today announced a little more than 300,000 people signed up for obama care through the federal and state exchanges. they have not said how many of those actually paid for their policy yet. there is no coverage unless you pay. one of the people now enrolled in obama care, florida senator marco rubio. good to see you. >> thank you. >> already some of your critics say that's hypocritical of you to enroll and take the federal subsidy since you have been critical of the law. to them you say what?
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>> first of all, we are supposed to live under the same laws everybody else is. if everybody else is on obama care why shouldn't members of congress be on it as well? i didn't vote for the law. i don't think i should go back to florida and tell people i got an insurance plan they don't have. as far as the subsidy it's not a federal subsidy. it's the employer contribution made by the senate. senator vitter proposed eliminating that. i would support that. i will follow the law that applies to everybody else. i don't think members of congress should have laws separate from the laws everybody else lives under. >> in the meantime you and your senate colleagues got emergency letter today from the dispersing office sending an urgent mass e-mail saying you think you may be in obama care but don't trust any confirmation you got. don't rely on your my account page. if you don't have a confirmation letter you are not enrolled and
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so on. the american people won't get such a correspondence. >> that's right. >> your thoughts? you think you're enrolled, you may not be. check with the senate. >> it's disruptive. there is a dispursing office out there alerting people they may have a it's staffers and people like that. what about the american public? i had someone approach me on sunday at a wedding who said her deductible was close to $6,000. in her mind she's uninsured. she has to come up with $6,000 to access the health insurance she now has. all of the changes, not just what you have outlined but the others we are seeing will be disruptive to millions of people across the country. >> on the subject of the 300,000 enrolled it's too little. they don't have enough people. they wanted 7 million by march and they are not getting them. anything could happen by march. they are nowhere near on track. the problem sven the numbers
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they have include dispropargs natalie small number of the healthy young people they need for the law to work. that means the insurance companies have a different risk pool than the ones they bargained for. hhs and the obama care administration foresaw the possibility to some extent and guaranteed the insurance companies r a form of bailout or however you want to call it, if the risk pool wound up being bad for them. the insurance companies are ready to ask for the bill to be paid. we the american people are the ones paying it. you're trying the to stop this. this is one of the things. you have to see what's in the bill to find out if you like it. you're tying to stop this now. do you have any hope of actually doing so? >> i hope people will be outraged by it. the concept is most companies will make money. a handful may miscalculate. you tonight want them not to pay the benefits so you have a risk pool that primarily helps them
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out or bails them out. because of the pobs you described the exchanges have become the equivalent of a high risk pool of very sick people, older people, people that cost more money to insure. that's not what the companies bid on. two things will happen. they will come to the federal government for help with the losses or next year they will try not to be a part of the exchange or they will dramatically raise deductibles and premiums so fewer people will sign up and more companies will need to be bailed out. it's a series of rolling disasters the law is producing. >> there is a budget deal in washington. already folks are coming out for and against. you have come out against the deal that's been struck on a bipartisan basis. john boehner, speaker of the house which is not the chamber you are in, came out and said those opposing the deal are use using the american people for their own purposes. he said this is ridiculous. your thoughts? >> unfortunately what the budget
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does is increases spending by 60 billion oven the next few years. going by the cap congress imposed on themselves are meaningless. a year later they go over them. it raises spending by $60 billion but pays it over ten years. you know how that works. they will keep borrowing here. we have a government that continues sfoend more money than it takes in. doing so at an alarming pace and our children have to pay for it. many of the people around have to pay. we'll have a debt crisis in this country. it will continue to destroy jobs, the function of the government, the national security. when will we get serious about dealing with this once and for all? >> good question. we'll save it for another time. thank you, sir. >> thank you. coming up next, the president's selfie has touched off a controversy that's gone global and suggestions today that critics of his behavior
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nelson mandela played an extraordinary role at bringing people the together. when a member of the family asked me for a photograph i thought it polite to say yes. >> that's david cameron joking defending himself for taking this selfie with president obama and denmark's prime minister at the memorial service for nelson mandela yesterday. the continue server didn't just go across the pond. it led to discussion that critics of the selfie are racist.
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joining me now alan katie holmes and mike gallagher. you have one of the far left websites that's very well known that's come out to say -- they said it on another cable channel, that those who criticize those th have racist and sexist stereotypes presenti presenting michelle obamas as an angry black woman and barack obama as an oversexed black man. >> what? >> mike, care to take it? >> that's the fallback position. you can't say anything negative about president obama on any level about anything even as mundane as a selfie without being accused of racism. i will stipulate the narrative that the president and the other two disrupted a somber ceremony with this selfie and laughing and all that is probably false. this was a celebratory memorial. people were dancing. the definitive piece came from
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john cass in the chicago tribune. he wrote that -- he called it president selfie. this is a metaphor for everything being about barack obama. when nelson mandela died the white house tweeted out a picture of the president in mandela's cell. when rosa parks died the white house tweeted out a picture of the president in an empty bus. it's always about him. president selfie. it's a great piece by john cass. >> it kills you that he's president. >> it does. >> we have to have a selfie for controversy about barack obama. i don't know what the far left website is but it doesn't represent the left. i do, as you know. there is no racism here among people who are critical. but there is nothing to be critical of. we agree on this, mike. it was a celebration. it wasn't a funeral. it was a celebration of nelson mandela's life. george w. bush took a picture with bono that's on instagram.
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>> at a time where the president faces charges of being narcissistic and everything having to always be about him. >> charges by who? by you? >> i'm the only one. i don't speak for everybody in conservative land. a lot of americans say it's all about him. and it's president selfie. look at me. >> why does it always -- and the person who said this was on a rival cable network talking about how you're racist and sexist if you were critical of the picture. what of the suggestion that this is the place -- you know, people want to the defend the president always go when there is criticism of the president. if you don't like him, you don't like his behavior you're a racist. credit sides the first lady, you are a sexist racist. >> i don't agree with that any more than i agree with mike gall dper. any time the president does
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anything, criticize him. he's too self-involved, a nars cyst. >> we just did a story about a cable host on the other network suggesting that the word obama care is racist meant to demean the president. >> it's effective. people don't want to be called a racist. i work in talk radio. every day i have an angry caller who says you don't like obama care because you're a racist. >> that's ridiculous. obama care, obama care, obama care. it doesn't make me a racist. >> no. as a matter of fact, president obama embraced the word obama care. >> he's also a racist. >> yes, right. should i hate the white part of him or the black part? >> i'm so sick of it. i think the viewers are sick of it. >> let's end on that happy note. >> good-bye. >> he beat out miley cyrus, ted krus and kathleen sebelius. up next, why pope francis is the person of the year.
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president nixon. welcome to all. this is fascinating to me. they went with pope francis who, for some conservatives has been controversial. but i read a moving piece by john moody who has written the book on the papacy. he defended the pope even to conservatives. >> it's tough to dislike a pope who drives a ford focus. this is a humble man. he is living the the gospel every day and is still incredibly relatable, warm and engaging. i will say this. he made comments that have been controversial, as you point out, particularly to conservatives. >> comments about wealth, income, inequality. >> capitalism. i have read them closely. i take that it is a criticism of
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hyper consumism than free markets or capitalism per se. he had valid criticisms there. i think he's a quiet reformer in the church. it seems he's taking the church on a different trajectory. >> you see pope francis out there, literally washing the feet of prisoners, laying hands on the sickest among us. setting the example for what a catholic and even a non-catholic should behave like when faced with somebody who is up against it. you say to yourself how do you criticize this pope and how do you go over kathleen sebelius? >> he already performed one miracle. millimeter monica and i agree. he caused hundreds of millions of catholics to reengage and take another look at the church which was becoming calcified and threatening to turn off an entire generation or two.
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whether you are talking about position against trickle down economics, creating a bigger role for women, discussing homosexuality in an open way and saying, who am i to judge. people are thinking, maybe the church can check, adapt, speak to me in a new way. it's a wonderful thing for catholics. i applaud the position. facebook said, he was the most talked abou all year. who better. >> thank god they went with him over miley cyrus. literally thank god. imagine. >> no. >> i want to get to another topic. they have a piece that santa claus shouldn't be a white man anymore. yet another person saying it's racist to have a white santa. by the way, for the kids at home, santa just is white but this person is arguing that
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maybe we should also have a black santa. santa is what he is and we are debating this because someone wrote about it. when i read the piece, the author seems to have -- you know, she's african-american. she seems the to have real pain at having grown up with the image of a white santa. she speaks honestly saying i didn't understand why that had to be. >> she wants san to be inclusive. i was thinking this is more politically correct nonsense, hyper sensitivity in the culture. it's a tribute to her writing. your realize if you were a young african-american kid and your santa claus was white, maybe you wouldn't feel a part of the tradition. she suggestions a penguin should be santa. >> and goes off the rails. >> it's interesting to have an animal which is something that kids love, bricks the cartoonish
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quality into it and makes kids feel welcome. >> no, no. >> i see where she was going. >> no, no. it makes all birds feel welcome. >> kids like penguins. i have given her her due on where she was going with it. just because it makes you feel uncomfortable doesn't mean it has to change. jesus was a white man, too. he was a historical figure. that's a verifiable fact -- as is santa. i want the kids to know that. how do you revise it in the middle of the legacy of the story and change santa from white to black is this. >> you can't. first of all, the penguin never would work. a penguin cannot lug the gifts around the world. >> they are from the south pole. santa is from the north. >> you're right. santa claus is based on st.
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nicholas who was a person, a gro greek bishop, a white man. >> look. how can he be alienating. >> how cute is he? you can't take facts and try to change them to fit some kind of political agenda or sensitivity agenda. >> bernard, quick last word. >> if people want to represent him as an african-american male, a drag queen, i think our social fabric -- >> you had to go there. >> i don't think a society will break up if people respond to santa in different ways. >> thank you, panel. coming up, a reporter leaves his job the to move to newtown, connecticut, to find out what led up to the tragedy at sandy hook school. coming up -- >> this isn't close to my ideal
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join the nation. ♪ nationwide is on your side ♪ a year ago a gunman stormed into a school and took the lives of 20 children and six adults. a reporter left his job to move there where he wrote a detailed account of what he called a tragedy that could have been prevented. his book, newtown, an american tragedy, reveals new details of events leading township the shooting. i spoke with the author, matthew leshack.
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move of us tried to move on because it was so painful. but the lessons learned about the shooter and how he fell through the cracks, however you put it, are important to preserving the safety of our existing children and others for generations to come. tell us in a nutshell the most important thing you found. >> i moved to newtown to do research six months. i was able to obtain e-mails nancy sent. >> the mother of the shooter. >> right. it tells the tale of this long-term deterioration of the shooter's mental health. it became clear to me the shooter was very, very sick. nancy tried to get him help. he had seen mental health specialists. one of my big questions moving forward is why wasn't he on medication. >> he wasn't on meds? >> we know for a fact he wasn't taking treatment.
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the police report said he was refusing it. he was 20 at the time. but, look, here is a young man who is exhibiting terrible signs of om of mental illness. i was in aurora, tucson, ft. ho hood. i have seen this. the cases of mental illness that are prevalent in these mass shootings, it's not a coincidence. if something isn't done to make sure these people get treatment, i fear the trend of mass shootings which has been increasing is going to continue. >> keep happening. >> yeah. >> what's then answer? we heard people talk about making it easier to commit people as it was in the '50s and '60s before it was condemned as unacceptable. >> it starts with parents. i think it started with nancy. it branched down to teachers, mental health specialists.
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the government doesn't have all the answers to the questions. it comes down to the neighborhood and neighbors. >> in this case was the motherpt complicit? she was buying him guns, taking him to the gun range. was she ignoring the problem? >> it's clear from my research nancy loved her son, gave up a large percentage of her life to protect him. at the same time she knew he was very sick. she knew he was obsessed and fixated on violence. how this mother could simultaneously love him and surround him with terrible weapons is an answer i will never know. i don't think anybody will know. >> the amazing thing is this guy was under treatment. nobody insisted a next step be taken? >> here is a young man.
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his room covered with garbage bags to seal out the light. he cut off his family. he can't touch doorknobs. he's fixated on violence and surrounds himself with this. yet he wasn't on medication. he wasn't going through therapy. he clearly could have refused it. but there is something -- moving forward there has to be something people can intervene to make sure people like the shooter aren't walking the streets, getting in cars. i don't think anybody could have seen what happened that day. but clearly there were signs something bad was going to happen. there also were with the guy in tucson, the shooter in aurora. i think that is why it is important the discussions take place. s there are people out there now. i have spoken to countless parents for the book who said they fear they have a young man who might do something similar. they don't know where to go or
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go to facebook.com/the kelly find follow me on twitter. tell me what you liked and didn't like. we consider your thoughts. try to incorporate them the next day. even your pitches sometimes make it on. i'm megyn kelly. this is "the kelly file." this is a fox news alert. in less than 24 hours lawmakers in the house of representatives are expected to vote on a tentative budget deal reached late last night. today, many conservatives expressed serious reservations about the agreement. in a moment i will be joined by the man who unveiled the proposal yesterday. republican congressman paul ryan. today house seeker john boehner was asked about the conservatives who have spoken out about against the deal. this was his rooegs. >> they are using our members and the american people for their own goals t. this is ridiculous. listen, if you are for more deficit reduction, you are for this agreement. >> the
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