factor. again, thanks for watching tonight. miss megyn up next. stops here. because we're looking out for you. >> this may be a first. a teenager killed four people in a dui, and then, told the court he's a victim of his parents wealth. >> money seems to keep ethan in

trouble. i did ask for justice. >> that man lost his daughter and wife in the crash. he joins us live with the verdict for ethan. >> breaking tonight the president's broken health care promise becomes labelled the lie of the year. welcome to the kelly pile, everybody. so this news came just a short time ago from the polif fact web site. a journalism web site designed to fact check from our leaders. after 12 months they decided this was hands down the winner for what they call the lie of the year. >> first of all if you've got health insurance and you like your doctor, you like your plan, you can keep your doctor, you can plan. nobody is talking about taking that away from you. >> if you like your health care

plan, you'll be able to keep your health care plan, yochld >> if you like your health care plan, you can keep that, too. >> if you like your current insurance, you keep that insurance. period end of story. >> end of story. do you remember those? saying the president's promise not only impossible to keep but it's been a hit to his credibility. now, good evening, ed. >> politi fact goes on to say this is something the president used to calm nerves but there is no way he could have kept this promise. plans were not going to be something people were going to be able to keep. it pushes us forward to the next big deadline for the president the president's acknowledged that he botched here inside of the white house and hhs that october 1st roll out of health care.gov to get in and enroll here. they're trying to fix that. they believe they're starting to turn the corner.

next deadline is january 1st, when people find out whether or not they have insurance. and i asked whether there is a plan b. he says they don't need one. then later health and human services secretary came out and announced a new round of regulations and changes where they're urging the companies to make last minute tweaks here, because it appears they're nervous and not go to being getting insurance january 1st. they're asking insurers to still go to regular doctors if the doctor is now out of network in the plan. as you know they're going to be doctors going to resist that and insurance companies resistant to paying for. that whether the

credibility, whether he can follow through on the promise now, january 1st is another question. >> it s and thank you very much. >> good to see you. >> ed suggested there are new worries tonight about millions of americans ending up with no coverage at all. 6 million people have seen insurance cancelled. and as of end of november, people that enrolled in the plan, another 800,000 have been declared eligible for medicaid type programs. this millions to sign up and pay. for a plan that the deadline is just 12 days from today. obama administration changed rules yet

again. to a law they say was passed by congress. chris, good evening. >> hi, marla. >> let's talk about easing restrictions and some of the dates for when this has to happen. >> there is a a lot of talk about what they'd like insurance companies to do, it would be great to do things that were less profitable or impossible frankly. what this is is important because it's a admission from the administration that millions are facing this coverage gap. they're going to, wear approaching the moment, anyway whshths administration is going to deem individuals to have insurance who do not. you have

hundreds of thousands of people who have signed up we don't know how many of those people are new enrollees or how many are medicaid people are these folks down graded to welfare program. we have no idea how many people are facing the gap. we're 11 days from the lead line. this is saying there is going to be creative accounting and defining. >> what about the lie of the year, chris? >> it may end up being the lie of the decade if they can't find a way this, is part of the same piece, because these people are suffering the deception. for these folks if this is as bad as it's shaping up to be and into calling people insured but can't

get care they're trying to make people get into the doctor, this is a lie that changes not just how people feel about the president now but how they feel about the government and how they feel about liberal concepts >> the idea of calling and saying can you float me on this? i mean, imagine that in any scenario. this twitter picture. big smile, and encouraging people to tweet this message. there is a cometical version, don't worry. i've got a trillion coin to fix this. >> ha, ha. >> remember, where does it come from? what is what liberals asked the president to do. mint a trillion

dollar coin the problem with this unicorn business and we're going to do all of this not only does it excuse the president from governing but it erodes confidence from people who make the country the country. >> yes. chris, thank you very much. >> tell us what you think about this so far, we've got more coming up in this hour. and on the doctor side we're hearing new stories with b.cuts to federal payments, and physicians saying they can't afford to maik take on more cases at this point they cannot. so today, reporters covering this story starting to ask whether feds may force doctors to treat patients they don't want. >> thanks for joining us. >> it is possible? you have to do it?

>> we have democratic candidates for state husband ready to talk about this to take medicare patients. obamacare meant to do two things. and supposed to get savings out of medicare. they're in open revolt because of reimbursement rates are low. so we get an aging population you're going to have a large population of people that can't be doctors they're going to have health care, but need insurance but no doctor to go to. so the likely thing that will make it work to be forcing doctors to see patients. as long as doctors have a choice they're going select out of this and going to work. >> what method did they use? and there is a jersey of the

state practice. and by state ledge slay yours. >> is there anything between a third and half of all doctors taking on new patients. you've got a open revolt about this. and you know if the obamacare policies end up looking like medicare or medicaid there not going to want to see those, either z not going to have a choice to make them go along with the program. >> like there is a huge divide. services they're going to get. we'll see, kevin, thank you very much. thanks for joining us tonight. >> before the fact checkers labelled the broken promise the lie of the year a top white

house staffer offering a new explanation. and this may be an awful first. this teenager admitted to killing four nem a dui, injuring nine others then told the court he's a victim of his parents' wealth. that story. >> and next we're going to speak to a man who lost his wife and daughter in that crash after we tell you about what happened that night. where is his justice? >> we applaud the judge for having the courage to issue this sentence going to give ethan a chance to develop into a productive citizen and try to make amendments for his actions.

a judge blamed the crash on his affluent upbringing without

sentenced to a day in prison for the loss of this young woman and her mom this, shocking sentence is only adding to the grief. now, the father and husband of the two lovely ladies you saw there, holly, shelby. we're so sorry for your awful loss. >> thank you. thank you. >> you went through the process and know that is where you were. you expect that had that would have impact what. sentence did you expect he would receive? >> in talking with the district attorney we knew that the maximum sentence was a 20 year, sentence which in the juvenile system meant that ethan would be eligible for parole in two years. and while recognizing that that is you know kind of the circumstances we're dealing with, you know i wasn't real

happy with those circumstances you look at 180 years of future life taking from four individuals you look at molina, paralyzed. so you sit you and think, you know, a two-year deal of a two-year sentence before eligible for parole, you know didn't exactly seem fair under those circumstances. and as you know as we went through the court process, you know, basically the defense, ethan's stipulated to evidence the facts of the evidence. stipulated he's a driver of the car. there is no doubt in those estimates. >> you would think based on outcome that maybe, somehow prosecutors blew this thing that couldn't be further from the truth. there are no doubt victim families thought that the prosecutors did an outstanding

job. and until i heard this term affluneza i certainly had no idea would it impact the lack of sentence. >> he was three times the legal limit, 16 years old, now. hit and killed four people, your wife and daughter went out to help their friend, then a pastor was there. plowed into all four of them, took their lives and injured other kids in the back of the truck with him as you have pointed out. i want to get to this issue of affluenza. folks at home saying what could that be? let's play a little bit of the defense attorney. >> we applaud the judge for having the courage to issue this sentence going to give ethan a

chance to develop into a productive citizen and try to make amends for his actions >> i do believe we yaused to call these people spoiled brats i wish i hadn't use that had term. i think we all suffer from affluenza. >> people are having trouble figuring out what this means. the judge agreed. that this young man, you know raised in an affluent family he had no understanding of bound riz he simply as a human being did not know what boundaries were he didn't know right from wrong. it seems on the face of it, ridiculous. >> you know the, of course that was the defense counsel, that is what they're putting on. we're nursing they have to put some

form of defense together what. else could you do? what else could you sna owe so we're sitting there and when we get to the point when closing arguments have been made. the judge is beginning deliberation. she didn't leave the bench. as soon as they rested there were minutes of silence and she began opening remarks, she made several comments that no matter what her verdict was that in essence, nothing would ever bring victims back. of course we knew that. we understood that. she also then went in direction, ethan you are responsible. this isnot yo you're

so at this point i'm sitting there thinking okay. this is, it's going the way that i-that it's supposed to go. >> absolutely. and then, next thing that comes out is that probated sentence. ten years probated sentence. in that there would be further discussion, approval with the court. with regards to some level of rehab center which i'm sure most of the viewers have probably seen, which is a, you know kind of like a country club-type environment. you know, out in california where, you know... >> it's a great irony. the judge determined yes the child had no boundaries the judge decided nout knot to put boundaries on him, either. he will not learn from this. because he's out with ten years probation we're about to get cutoff we're going to follow the story

throughout. thank you for being here tonight. >> thank you. martha. >> so just weeks after administration held up death benefits for military families congress votes on a budget for a painful surprise for those in uniform. that story coming up next.

house approves a two year bipartisan budget plan. but we're now hearing this plan includes major cuts to the retirement benefits of our nation's heros the average enlisted military member looks like a almost six-figure loss. a war veteran

and ceo of concerned veterans for america and you fell they're getting a bum deal. >> so rather than taking on a tough issue and the president when responding to this deal talked about the iron clad commitment to seniors. what about the commitment to those who put their live on the line? we're going to take from that rather than make the tough decisions on other things? there are places to find spending to be cut not here, not now. >> how does that happen? a slash when they have to do it. instead of something paul ryan talked about. where do you think

they could make cuts. >> rather than doing that on the backs of those who are retired there are ways military could do better. one thing our organization looks at is maybe they've vested you still leave your navy s.e.a.l.s you get nothing. let's look at that. because washington can't figure out how to get $17 trillion out of debt. >> there is a motto to lead. >> we go to pension and military. iet goes to military first. pete, thank you very much. >> so coming up kanye west

taking fire for saying being a rapper like ham is kind of like being a police officer. ritz being his life in war. we'll talk about that. and a police chief said no. no. wait until you hear advice for mr. west coming up. you can keep your health care plan. if you like your health care plan. the lie of the year they've been doing this every year. a white house insider about what he thinks about that next >> if you like your health care plan, you'll be able to keep your health care plan. period.

>> if you've got health

insurance and you like your doctor, you like your plan, you can keep your doctor, you can keep your plan. nobody is talking about taking that away from you f you like your health care plan, you'll n able to keep your health care plan you can keep that, too. >> if you like your current insurance, you keep that insurance. period, end of story. >> back to our top story tonight. the fact-checking organization politi fact labelled the health care promise you just watched over and over the lie of the year. they've beening doing this since 2009. but before that the former chief political advisor offering his take on why the president was actually telling the truth there. listen to david axel rod. >> he has been honest about it. part of it is getting a fix if you can. there is no doubt that is the core of the problem coming to this measure. i think he was ill served because i am sure when he said what he said

he believed it. it didn't. i think the lesson is don't speak in salutes. there is going to be an exception that is going to be an example your opponents lift up. >> what did you think of... >> now, white house insider former counsel to president bill clinton >> you listen to that and he says this could possibly mean they were no longer insured do you agree? >> look, i was wrong just i did a terrible mess up that didn't

see this. caused by raising the standards and requirements that members of congress almost like a wish list put on top of insurance companies requiring stantd yards to be raids leaving people out. i didn't see that coming and i took his word he made a terrible mistake. i accept. that i don't think it's a lie. >> the scenario is that you're going to expand coverage and it's going to be cheaper. it's not just like something a slip of the tongue. i mean, look the plan, very clear there is no way that that would be the situation that people, that everybody would be left with. i just want to put this poll up just a moment. it says ramifications of

this for this president are very large. would you say that president obama's honest and trust worthy or not? 44% say yes. 52% say no. he's not. i mean this is something that is going to be hanging you know on him for some time. >> look. 52% is lower than i'd expect given how much we've messed up here. i say we because i've been supporter of the concept for a long time i still am. but we messed this thing up. not only in the roll out, but because we didn't look at fine print z we had a 2000 page or whatever bill, we didn't realize by raising standards, grandfather talking about is supposed to preserve a plan not upset going forward. and we didn't take in a account that the requirement causes people. >> would you compare this, you know, you watched a lot of

administrations. is this a read my lips no new taxes? what kind of comparison? i remember those clips of the first president bush over and over again there are so statements, some things that stick. >> look. i compare it to another situation where i appeared as a fox contributor criticizing democrats for using the lie word against george bush and there are weapons of mass destruction that caused the we'll be right back he believed there were weapons of mass destruction. president clinton believed it. i believed it it was wrong. it's possible he's wrong we democrats were wrong about not taking into account that by imposing an individual mandate on everyone and adding these requirements, to increase coverage like no preexisting conditions and other important thing that's we didn't realize. >> what do you do?

>> what hatches now? it impacts every human being across the country. >> let me refer to my crisis management role. we have to admit we miss mesed up and stop giving excuses the roll out has been a disaster. there is no excuse for. that we have to use private sector web sites to help out government when government mezs up the fact barack obama is not turning to private sector for help where they're available with web sites that make health insurance a problem democrats have putting too much faith in government. this is a classic instance we have to hit reset on

this whole thing. >> happy birth day. thank you for being here. >> you knew. >> thank you, >> thank you. >> top democrat in the house with choice words about the new budget bill. why nancy pelosi says we need to get this, quote, embrace the stuff. and after a kicker gets blame forward a big ross, he gets words of advice from a man that has taken hits himself. words of wisdom president 43 is sending to kicker number 43.

>> the house passed a big budget deal in washington, d.c. nancy pelosi told fellow democrats they had to just quote embrace the suck. strange, right? here is her explanation. >> before i get to the bill >> it captures the moment. won't you think? >> i don't know. what do you think? joining me is alexis mcgill johnson. and arthur adayla and al

allison barber. >> both political parties seem to think it's good politically but in that same meeting nancy pelosi said they thought it's good to pass the bill because they can then move agree. suck? >> it's awful. >> this is my deal with congress the guy shining shoes on the corner outside said i don't understand something. congress approval rating is 7%. 8%. this

year they're going to get reelected at 80%. if you did your job as poorly as they do theirs, any of us, we'd be out. >> they'd be out. >> it's true. >> and one poll i saw said that would you rather just choose random people? put them in those spots, most people said yes. >> but let's talk about embrace the suck. i think it's not just random term. it was an unfortunate choice of words coming out of her mouth. >> it's a military term. it means it sucks, suck it up. we're looking at this bill saying kind of sukz we want to keep people unemployed making sure they can take care of their families during a hard economic climate. so you noi, it sucks but we want to get on to growing the economy and infrastructure building and making sure we can create more jobs.

>> i didn't know -- >> the suck of congress for a long, long time, maybe they want to let it go. we'll see. i mean, it's incredible thing. you know? take a look we're supposed to be so excited they passed a budget. they, not passed but did their job. >> before going on vacation. >> after they just got back from vacation. >> they're with their constituents. yeah. >> yeah. yeah. >> get it right. >> kanye west is taking new fire saying being a rapper is as dangerous as going to war or putting your life on the line as a police officer. he's exposing himself on the stage. that is how dangerous it is for him. so tonight a chief of a small town in ohio telling mr. west to check yourself before you wreck yourself. okay? and i think that is good advice. this is what kanye west said in this interview. he said i think

about my family it's like wow this is like being a police officer. or something. or like war. or like you're going out to do your job every day and something can happen to you. you know, anything could happen to you out there. who cares? he says more like a valley girl. >> i had to put in those for him. when he said this i watched the interview. a part of me feels like he's just not a very intelligent guy. looking back. and doing a search and said he's a proud nonreader of books. i feel like he wasn't lying on that. but it's disrespectful. maybe saying i have a new perspective on my family being important. and couldn't articulate it. >> chief david oliver from brimfield police department this is what he said in a sarcastic tone. he said i want to thank you for putting your life on the line for us every day. i know being a rapper is tough work. it is. isn't it? and then, went on to say this is

a very ignorant assessment of your career and suggests quit your career and join the military or police force. >> every cab driver in new york sthaz a more dangerous job. making a fraction of what he makes everyone says riddic us things. >> there you go. >> right. i think for him, telephoto lens coming after you? trying to get a picture of your child that is a scary thought for him. but compare it to military he does not have a clue. >> he has a shocking detachment from reality. >> he laughs all the way to the

bank. >> he says my ego is my drug, and my drug is that i'm better than all of you. so this is a good story. one of the biggest rivalry games in college football. i don't think anyone willing for get the game. alabama falling to auburn. cade foster miss aid field goal he will never forget. right? auburn returned it. and that game went into history books he received a lot of hate mail after that loss. taking away his team's shot at national championships but now he got a letter of another kind. for number 43, from bush 43. former president george w. bush wrote quote, in a letter sent to him, life has set backs i know, however, you will will be stronger human being with time, i wish you all the best, sin nearly, another 43, george bush. >> fantastic. >> pretty cool, right?

>> this is a compassionate conservative. i think that it's great to see when he was in office and he was like, you know -- >> do things like that in real life. >> this goes to show you people are removed from office and doesn't have presidential cloud around him this, is why his approval rating has gone up. this is probably one of the nice things i've seen in a while. i mean, getting -- >> i mean, dana perino told about a military presentation she was at. one marine in a very sort of structured moment dropped his microphone. president bush wrote and said i know it's all okay we all make mistakes. >> taking time, yes. my understanding is that put politics aside, my understand is thatting he was a very nice man, and to take the time out of his day to write this note, that

means so much to a young man getting his butt kicked on twitter and facebook. >> what is he doing? >> he doesn't -- >> he is paint something >> there are that many people, you know... >> i disagree this is a new george bush. i don't think it's a new george bush. >> i think of what he did in policy that's affected hard working americans. >> we can agree on. that thank you very much. >> thank you. >> good to see you. >> good to see you, too, arthur. it's been a while. >> coming up a sur praise twist in a trial of a woman who is accused of pushing her brand new hi, i'm terry and i have diabetic nerve pain.

it's hard to describe, because you have a numbness, but yet you have the pain like thousands of needles sticking in your foot. it was progressively getting worse, and at that point i knew i had to do something. once i started taking the lyrica the pain started subsiding.

[ male announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain.

hi, william. >> after three devastating days of testimony against her accused killer, she saw the writing on the wall and took a deal hoping to avoid life in prison and get an 11lighter sentence. they were preparing to close when the judge said the two had agreed to drop the first-degree murder charge and lying to police in exchange for a guilty plea to second degree murder. >> i think we believe in our case. we believe in the case we put on. we have an ethical obligation to discuss plea offers with our client and accept their

decision. >> before accepting the deal the judge demanded to know what really happened. she said, it was just a reckless act, i pushed. she and graham argued about their eight day marriage and graham wasn't happy and when he climbed over a retaining wall and she could have walked away and instead she put one hand on his back and shoulder and pushed him over the edge, a 250 foot high ledge. she had no regard to what would happen, i just pushed. why did she flee? i was squared and didn't know what to do and she left. she told a pack of lies. first said she wasn't at the park when a police photo said she was and said she was with friends when she knew he was dead and did things to throw off police and even texted a friend about her edgy dance moves damage defense attempted to

mitigate today by playing an emotional video of their wedding day. >> it's very emotional. a long haul for us and we don't have anything else to say except we are very thankful for our prosecuting team and we have the outcome we have. >> graham remains in custody until she is sentenced 19-25 years but nejudge has the final say. back to you. >> thank you. coming up on hannity at the top of the hour. >> if any of you have any budget problems at home, i'm sure alan, my friend and partner -- >> excuse me, who are you? >> i'm sean, nice to meet you. >> our federal government is not a family. we aren't here to hold hands and sing kumbaya to each other. >> you guys are an anomaly, out of this world.

thanks for watching. i'm martha maccallum in for megyn kelly. this is "the kelly file."

tonight, conservatives, liberals and independents alike all under one roof to tackle the hottest political, legal, cultural issues of the day. it's time for an all new "hannity" studio audience showdown. >> this budget agreement takes giant steps in the right direction. >> reaction to the breaking budget battle developments on capitol hill. tis the season for scandal. >> the fact is kathleen sebelius is not provided america the truth.