something. i'm bill o'reilly. and please remember the spin stops right here, because we are definitely looking out for you. welcome to "the kelly file," i'm megyn kelly. if you were just watching the o'reilly factor, you saw how "the washington post" puts three of the top ten lies of the year right at the door of the white house. so how does the president recover from that? plus -- new tonight. since world war ii, only one other president has been in worse shape than mr. obama at this point in his presidency. we explain what that means. plus big new developments in the story of a marine punished after trying to warn of a security threat that wound up costing the lives of three fellow troops. tonight we'll hear from the father of one of those killed. plus, they brought their daughter in for a routine

tonsillectomy and now she is on life support. >> it's a mother's worst nightmare. >> see how the story gets worse from there, tonight. and breaking tonight, just hours ago a last-ditch effort to protect the retirement benefits of our nation's vets and our wounded warriors. went down to defeat in the u.s. senate. every single democrat except one voted against it and that's where we begin "the kelly file" tonight. welcome again, i'm megyn kelly. the biudget bill cleared a majo hurdle today. if it comes law, men and women who serve this country, including our most severely injured wounded warriors will be forced to sacrifice yet again. new hampshire republican senator kelly auyotte blasted this today. >> think about it, one has been

injured in afghanistan. we've all been to walter reed. they received a disability retirement and what happens? here's our thanks to you. we're going to cut your cost of living increase. i know that within the trillions we're going to spend over the next decade that we can find $6 billion rather than taking it out the backs of our men and women in uniform. >> apparently no, we can't, because it's not happening as of now. joining me now pete, an army veteran of the iraq and afghanistan wars and ceo of concerned veterans of america and dr. greentree, the wife of a flight officer who is deployed overseas and cofounder and director of research at blue star families, a charity group. welcome to you both. so in the end they couldn't find the $6 billion to save the cost of living increase adjustments for our men and women in the military. we talked about this last night, but what we didn't know last

night was that this was also going to affect the most severely wounded warriors who retire early. i mean it's retirement. it's basically disability they have to go out on very early in their lives because of their devastating injuries and now the government just couldn't find a way to give them a cost of living adjustment on a go forward basis. pete, put it in perspective for us. >> no, that's right. and for these medically retired military members, it hits them even more because this cost of living allowance hits them every year they're in retirement. so these guys and gals would retire early and say they were wounded in combat. so it's even more egregious in the way it hits them. senator ayotte is spot on. there's plenty of fat to be cut in this budget. we're $17 trillion in debt. we better do something about our spending in this country. but the ryan-murray deal doesn't do anything about it and the only cuts it brings about are on the backs of military retirees and medically disabled retirees?

there's ways to get at changing the pension and retiree system for the military and we need to do that, not this way, not now. it baffles the mind that this would be okay on capitol hill. >> you know, we talked to wounded warriors every year and i've been very involved with a foundation and we talk to the most severely wounded warriors we have in this country. quadruple amputees injured in iraq and afghanistan. and to think that these are the guys, these are the ones we're going to ask to sacrifice as if they haven't sacrificed enough already because the politicians in washington just can't seem to find the math to work it out any other way? your thoughts. >> from our perspective, military families are aware that the entire nation is going to have to adjust for economic recovery. like pete said, there are ways to do it. congress chartered a commission to look at retirement pay and benefits and to cut them in a responsible way.

this bill side steps that and doesn't grandfather in current service members and veterans, and so what it does is from the military community perspective, it breaks a trust with them. the military families, our membership and in general are not saying -- it's inevitable that there will be cuts but to do it in a responsible way that engages the commission that was created to do so. >> well, let me ask you, pete, because the response on this from paul ryan has been, look, it's a modest reform. it's going to save the overall military some devastating cuts. and those cuts would have potentially harmed our readiness to defend the country. while he doesn't like these cuts either, he says it's the lesser of two evils. >> well, i have a lot of respect for representative ryan. i know he goes into this process wanting to do the right thing. there's no doubt there are other ways -- he knows there are better ways to do this. this was a deal brokered behind closed doors. they're just trying to get something out, provide some

continuity, relief sequester on the military, i understand that. there's some upside. but to do it this way, to sneak something in that doesn't grandfather in military retirees, as she said, it's a great point. >> people are banking on it. >> they're banking on it. other federal workers, nonmilitary, they were grand fathered in. there were small pensions for new employees. for whatever reason on the military they weren't grand fathered in. >> i think senator chuck schumer spoke to that this morning on another channel. let's listen if we have that sound bite. >> civilian federal employees have been cut, cut, cut, and i think there's a feeling that if they were cut them further, the military retirees should have an equal amount. >> it's not an equal amount. in fact sequestration has hit veterans and military families disproportionately more than others so to say the civilian workforce has seen similar reductions, the entitlements don't hit the civilian side the

way it ought and she's exactly right, we're going to have to do more as a military community in light of the debt and deficit families we face. as part of a big agreement to be involved in something, absolutely. but to be part of a deal that doesn't address debt and deficit, that's a problem. >> thank you both for being here with your perspective. we'll talk a little more about this later because imagine this, while lawmakers are insisting vets give up their retirement benefits to cover the $6 billion gap, senator coburn released his general waste book, a guide to wasteful federal spending which this year tops $30 billion. just one example in the senator's book, a $50 million department of transportation grant for a transit center in maryland that began construction in 1997 and still is not ready. so the feds have now dumped $120 million project that was only supposed to cost $20 million and still isn't ready after 16 years. and so now our wounded warriors

are going to have to give up their money that was explicitly promised to them so the parking garage can finish being constructed. what on earth is happening? how on earth is this where they wind up? i get sacrifices have to be made, we all get that. how is this one of them? we'll talk about it a little later when we get into coburn's report on the wasteful spending in washington and the priorities of the people who work inside the beltway. less than 24 hours ago we reported to you a major warning by a federal judge. hello, here, i'm back. a major warning by a federal judge, a george w. bush appointee, that the nsa data collection program will likely be ruled unconstitutional. he sees major problems with this. he's stayed his ruling pending appeal. but the president meantime today met behind closed doors with some of the very same people who collect that data for the nsa, including google executive

chairman eric schmidt. our digital editor, the internet companies have a different role but they are working to some extent with the nsa when compelled to do so to gather data, and they say it's to catch bad guys and we're not spying on good guys and regular american citizens, but the question is why was it behind closed doors, why didn't we get a public statement or readout after the fact, why was there only a photograph allowed for one minute after the fact. if it's all on the up and up, why don't we get to know more? >> i guess a good way to think about this, for an ordinary american, who was your advocate in the room? i saw vice president joe biden was there. he has professed that he is not a great technological whiz. the president himself says i don't write code. that's what the president -- i don't write code. i don't know anything about the internet. so who is your advocate as an ordinary american in that room

when the discussion was supposed to be about the slicing and dicing of you and your identity and your data and is it secure and who can look at it and where does it go. these companies make their livings off of harvesting your data. the president is in trouble because they have been reharvesting the harvested data. and for 300 million, 310 million americans, who was their advocate in that room? i think it's a fair question given the breach of trust that exists now between this administration on this issue, on health care, on other things when you get to this moment. >> not to mention, chris, you know, there was a time in this country when we did take the administration's word for it when it came to these matters. and then we had a little incident with a man named james clapper where he was specifically asked what exactly are you doing? are you listening in on the american people? are you data mining? do we have a clip? here it is. >> does the nsa collect any type of data at all on millions or

hundreds of millions of americans? >> no, sir. >> it does not. >> not wittingly. there are cases where they could inadvertently collect, but not wittingly. >> that was totally false. completely and totally false. so the trust issue. you know, just trust us like president obama and eric schmidt of google who was a big obama campaign donor, who worked with the president and clearly is aligned with the president idea logically, we're supposed to just trust them and when they tell us they're protecting us, it's all good, just like james clapper was honest with the u.s. congress. >> and these people and this industry made barack obama. they are his political patrons. he used their technology and their devices to advance through politics. he is of them, they are of him, and for this president, who now this sort of moment is that the joke is on the electorate, you

get this punch line moment. you saw the story and talked about it over the weekend in "the washington post" oh, yeah, we delayed and moved a bunch of stuff so that we could get re-elected and now we're re-elected, we're laying it down. obamacare is the rube rick for all of it. people see how that fits in it but it all becomes a part. when the president i'm looking out for you, i don't think americans will believe that anymore. >> you raise a good point. who was standing there to say hold on, hold on, uncle sam and technology companies, there's a third party that's supposed to be in the room, and that's us. chris, good to see you. >> you bet. since world war ii only one president has had a worse job approval number at this point in his presidency versus president obama, and that president resigned. britt hume is here with that that means. plus a marine's career hangs in the balance after he tried to warn, he tried to warn of a threat that did wind up costing

the lives of three fellow marines. this guy tried to stop it, but he used his private e-mail account, it was a technicality, and for that they want to punish this guy and how. family members of one of the men killed join us next in a "kelly file" exclusive. don't miss this. >> he went over there, he did what you asked him to do, and the people he was training and helping over there, they turned on him. they turned on him and he told me weeks ago, dad, they're shady. i don't want to be here. [ male announcer ] introducing red lober's seafood bakes. combinations of your favorite seafood from lobster to crab, shrimp and mussels in a savory broth. try one today, and sea food differently. now, try seven lunch choices at $7.99. sandwiches, sads and more.

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there was a hearing today for a marine corps reservist whose career is now in jeopardy. this guy could be dishonorably discharged and wait until you hear why. major jason bressler tried to warn his fellow marines of an afghan police chief's link to the taliban. he said he was just trying to do the right thing by issuing this warning but the problem is he sent the warning through an unclassified channel, his personal yahoo! e-mail account. well, that warning was ultimately ignored and days later, sure enough, three marines lost their lives after a taliban attack that was linked to the very man before mr. bress trying to warn them about. among those killed, 21-year-old

lance buckley, jr. earlier today his father and his aunt attended the hearing in major bressler's case down in new orleans and they support mr. bressler for sounding the alarm about this threat. joining me tonight is father, greg buckley, sr. and aunt, mary liz. greg, let me start with you. so your son was killed and our condolences to you and our thanks to you for his service. why do you now support brezler in this -- basically they're trying to kick him out of the military and dishonorably discharge him for using a personal e-mail account. >> well, i personally feel that he tried to save my son and his fellow marines. that's what my son was all about. he was all about the marine corps and brotherhood. they all stick together and make sure they watch over each other. and that's all he tried to do. you know, he knew something bad was going to happen, so did my

son once before when he called home and told me that he was going to be murdered in afghanistan on his base. and brezler came out and he said, jason -- what he came out and said was the truth but it just went to dead ears and they just choose not to do anything about it. and because of the negligence of them, my son winded up losing his life and two other marines on august 10th. 17 days later. >> you know, i want the audience to know that he was -- that major brezler was warning about a guy named sarwar john who was routinely allowed on u.s. military bases. his assessment of this guy was dead on, he was saying he should not be allowed on the bases. and sure enough, it's this guy on the right who they were saying was sexually abusing minors. they said sure enough, one of his alleged victims opened fire, killing the three u.s. marines so brezler's warnings were

correct. last night it was reported -- a lot of people are raising -- scratching their heads and saying why are they basically trying to court-martial or kick out of the military the one guy who tried to warn about the dangers here, and she suggested it could be is that those who did not heed the warning on the other side, we're not talking about the three victims, are better connected politically in the military than is major brezler. let me put that question to you, mary liz. do you believe that is the case, that that's why this is happening? >> i do believe that's the case, and i also believe going after brezler is a smoke screen. clearly somebody dropped the ball. we still have not heard anything about who was the last or the highest command that received the communication from brezler and we do know it went up the chain. we do not know who made the decision to do nothing, to ignore it, and that's the person that the marines should be going after. that's the person that should be held accountable. but instead, they're going after

major brezler, and i think really it just detracts from the fact that someone higher up, who probably is better connected than brezler, is the one who dropped the ball and is ultimately responsible for those three marines being dead. >> and major brezler, sent it through his personal yahoo! account but notified his superiors of the error almost immediately. there was no ill will, it was just a mistake. and now one of the most punitive results possible. greg, let me ask you what you think is really going on here. >> i just think it's pretty much of a cover-up. you know, it's just -- it just doesn't -- it just doesn't pan out what they're doing to this young man. he's a highly decorated officer. i don't think it's right what they're doing to my family either. it's 17 months and we still haven't had a report on my son's execution. it wasn't a murder, he was executed. a 21-year-old boy executed in afghanistan. >> we have more questions than

answers, and i know this hearing is partially closed to you. we'll continue to follow this. thank you for coming on with your story and again thank you for your sacrifice. >> thank you. >> just ahead we'll have more details on the federal spending details on the federal spending ♪ [ female announcer ] can you heal a broken heart with a bundt cake? of course you can! even if that heart was broken by zack peterson. bake the world a better place with nestle toll house. bake the world a better place life's an adventure when you're with her.and i. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready.

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new questions tonight about one of the president's big second-term goals. with all the problems with the obamacare website, political observers are now asking how this administration can possibly convince america that it can handle immigration reform for the millions of people who are in the country illegally. questions being raised about whether that agenda is now done. tom is a former democratic

congressman and ceo for american progress action fund. congressman, good to see you again. there is a question being raised, including by former l.a. mayor antonio villaraigosa, who said there has been a loss of confidence in the government's ability and the experience with the affordable care act does not help when you look at other big things like immigration reform, essentially suggesting the public doesn't believe if they can't handle the rollout of a website that they'll handle the processing of 11 million illegal immigrants in this country. >> i don't think you see americans saying let's get rid of immediate care and social security because the obama website didn't work. >> because they're established. those have been running for years. >> sure. and i think with immigration reform, you have a majority of americans supporting it for a reason. if you don't believe government could do anything right, you wouldn't believe they could deport them either so you still need to solve the problem. that's why the business community is behind this. >> that's a law enforcement issue and the judiciary issue.

that's not a processing, e-verify, government, uncle sam is much more involved if we are looking for a path to citizenship if it is rather than if we're doing a rest on a case-by-case issue. >> speaker boehner could bring it up this week and pass it with bipartisan support. you have business and faith leaders, governors, others who are behind it and law enforcement. so there's plenty of support there. so for all of the legitimate concerns that have been raised about the obamacare rollout, i don't think anyone is fooled about what's preventing immigration reform from passing and that's speaker boehner won't bring up the vote. >> mayor villaraigosa is cleary a supporter and he's been very vocal. he, a democrat, is saying this is raising a problem. people have -- they don't have as much trust in government as they had before. we've had a lot of -- charles

kro kraut hammer has been saying it goes to people's belief in the ability of government to run massive programs like this one, at least in 2013 and the way america is right now. >> let's separate two things. on immigration the mayor isn't saying it shouldn't pass. he's a strong supporter of it passing as you've seen from bipartisan leaders across the sector. on the obamacare front, there were very serious concerns about the website. the website is getting fixed. there were very serious concerns on this show and elsewhere about the back end. insurers say that's being fixed. they're concerned about the cancelled plans. that's increasingly being fixed. as people look at this as a failure, there will be rep cushions. if people look at it as an example people are trying to solve a problem that they experience at the kitchen table and they see mistakes were made but efforts were made to fix it,

i think people will say, hey, maybe we in america can still take on these big problems and solve them, as we have in the past with issues like medicare and social security. >> wait, why should they have faith when we've had such a disastrous rollout. if it gets fixed and when will we know if it's fixed? when will we know people will have coverage or don't, whether they can keep their doctor or they couldn't, whether the website is working like it's supposed to, if the cash register part of the website has been built. all of this has yet to be seen. why would the american people jump in with both feet now until they have seen what government can really do on something as big and as important as immigration reform? >> first of all, i think, again, i'm going to separate the issues on immigration with the dream act and other things. you're already seeing an economic benefit. you're seeing families reunited. you're seeing us be a more moral and beloved community and i think that's something where you've had lordsheadership on b

sides of the aisle. on obamacare you have six or seven young people already staying on family plans. over 10 million seniors -- >> but that doesn't speak to the government's ability to run a program. >> those are government programs, though. urish uz where public policy is shaping those things. >> you're ignoring the problem that mayor villaraigosa outlines. yes, potentially we'll see more people get insured under obamacare. you're wrong, we're not seeing that yet. what we're seeing right now is almost six million people losing their policies. we could have a net loss when we look at the insurance industry come january 1. >> i am engaging now with that issue, i just don't want to cherry pick the failure. i want to look at a variety of successes. >> but we're talking about the perception of the american people and whether they're going to get on board for another big government program or government initiative. >> i'm telling you the american people are not the problem on immigration reform. the republican caucus in the house is. the american people have already spoken on this. they support comprehensive immigration reform. >> they do. they do, you're right. i want to tell the viewers you're right, although there

hasn't been a poll on that to my knowledge since we've seen all the problems with obamacare. the latest one i'm looking at here, i don't have a date on it, in any event there is a majority that says they should be allowed to stay and apply for citizenship. congressman, i've got to go. see you. >> see you soon. a new poll out today has president obama keeping company with president nixon when it comes to his approval rating. britt hume is next on that along with what it means that "the washington post" puts three of the top ten lies of the year right at the door of the white house. plus, they went in for a routine tonsillectomy and now their daughter is on life support. and the hospital wants to pull the plug, against the family's will. stay tuned. >> i was the last one to see jahi. i was the last one to see her. and i said somebody help my baby, please. help jahi. and they came in and they started working on her. the next thing you know, her heart -- the man -- the doctor

says, oh, no, she doesn't have a heart rate no more.

tonight a new poll linking president obama to the tarnished legacy of one of america's most controversial presidents. the latest "washington post"/abc news poll reveals only one president has had a worst job approval rating at this point in his presidency and that president was richard nixon, who later resigned under threat of near certain impeachment. you can see he was at 29%. that's not good. president obama looks pretty good by comparison, he's at 43%. but compared to the ones above, not so much, britt hume, even though people love president nixon, you never want to see that split screen. you don't want to see your approval rating being linked to his, britt. >> well, when you're president obama and you're doing as badly as he's been doing, he wouldn't

mind because after all he's 14% points ahead of nixon. there's really no comparison, i think, between nixon and obama at this stage. president obama's situation is roughly comparable to where president george w. bush was. >> surprising that george bush was ahead of him. he was 47%. >> i understand that. but i'm saying roughly comparable, megyn, i'm not saying they were the same. george w. bush was going through the nadir of the iraq war when things were at their worst and the public had turned against the war. there was no good news coming out of that. it was known then as the main initiative of his administration and it was failing. and it had the expected effect on his popularity, which was pretty severe. this similar situation with president obama. the main initiative of his administration, much more so than the economy, which was what people wanted to be his main initiative, was this obamacare. and of course it's beginning, and the effect of its policy so far has been disastrous. and we have seen a precipitous drop. i mean the striking thing about

the obama ratings is how abru abruptly they have fallen and how far. >> how much do you think that drop is affected by the fact that healthcare.gov rollout was poor and there have been some problems with obamacare or the fact that they don't believe he is trustworthy anymore? she mentioned glenn kessler of the "washington post" does the fact checking and he says three of the top ten lies of 2013 were from the president. so how much does that play in to this poll? >> look, president obama more so than almost any other president i can think of got the benefit of the doubt from the public on a lot of things that enabled him to survive politically and be re-elected in the face of circumstances that i think would have defeated many another president. the economy, for example, has never fully recovered. this same poll that we're talking about had nearly 80% of the people saying they think we're still in recession. that's five years in. that's not a good record on the

economy and it would have brought i think other presidents down. but by the combination of people's like of him and their trust of him coupled with the greatest voter mobilization ever in history, he was able to be re-elected. now i think these chickens are all coming home to roost. the whopper about you can keep your plan, you can keep your doctor, you can keep your hospital is the big weapon that's hurting badly. but there's an accumulation of things that have caused people to lose trust. now that it's lost as a million other people have already said, megyn, it's very hard to regain it. >> and do you think, britt, because there's been so much talk in the country about whether we're more politically divided than ever. is that playing into it, that the country is so adamantly opposed to one another, we've got cable news wars. is that causing president obama to be in a worse situation than prior presidents? >> well, perhaps, but look, it's been this way for a while. and the polarized electorate means that any president of either party is going to have

people who are adhering to the other party who are not going to like him no matter what he does. so you begin with a base of people, 25%, 30% of the people who are going to be against you. if you lose ground among independents and members of your own party, you're in a lot of trouble in a hurry and that's what's happened with this president. he's lost ground with democrats. in addition to this obamacare mess which i think has affected democrats, you have other things. the surveillance programs, for example, that a lot of democrats don't like. the libertarian right doesn't like it either, a lot of liberals don't like it, so these things have fed into the generalized loss of support that you see. and as i say, it's been pretty abrupt. >> britt, good to see you. >> thank you, megyn. we told you at the top of the hour how congress wants our vets to take a hit on their retirement pay going forward. you know washington found money for this. ♪ we didn't believe the story ♪ we didn't believe one word ♪ we didn't believe the story

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newly released today, senator tom coburn's annual waste book, listing what he says is wasteful federal spending, topping $30 billion this year. >> i want to be a reindeer, and help pull ole santa's sleigh. i want to be a reindeer. >> we only wish we were kidding. mooseiltoe, a musical costing $10,000 of taxpayer money. also a project funding romance novels at the cost of $914,000. look at this, why are we paying for that. and a study on the inner workings of congress with a price tag of $3 million. joining me to discuss it, brook goldstein, mike gallagher, and julie rudinski.

i like the one about congress. you know what would be fascinating? if we studied us. we're so interested in us. that's worth $3 million, right? not to mention, who decides that we need mooseiltoe. >> come on. >> just so the viewers know what it is. it's the charming story about a moose who wants to fly with santa's reindeer. why is this necessary? >> they didn't spend the $10,000 on costumes, i'm going to tell you that. that is nasty. >> the national endowment of the arts gets all kinds of money. it's a joke until you think of the vets we started the show with who are losing their cost of living adjustment. 10,000 and 10,000 there and a million here and there all adds up. >> of course it adds up and it's all fun and games until we start funding things that are directly contrary to our national security interest. we talked about how we're

spending $244 million funding schools that teach children to become suicide bombers in the middle east. we're actually doing that through the united nations relief agency. and also the ft. hood, major any doll hasan continues to get benefits paid out of our taxpayer dollars. the reclassification of ft. hood as workplace violence terrorist attack has not only given him benefits but has denied the victims' families the benefits that they're entitled to. it's frivolous spending and we're not spending on the right thing. >> and then you hear about the parking garage down in maryland, mike. why don't they take that $50 million, tell maryland sorry and give it to the vets. >> and you said it at the beginning of the program, it's all about priorities. it's a total abdication of any common sense with priorities. the most egregious thing on senator coburn's list is the payment of major nidal hasan's

benefits. >> it's the principle of it. >> but here's the problem. when i worked down in d.c. in the senate this is what you saw. each congressman and senator has their priority. i'm sure that garage is important to some senator in their district and we end up paying for it. >> why don't you explain to those vets, you know, those quadruple amputees why your parking garage that already has $120 million bucks into it needs another $50 million. >> that's not even efficiency. >> priorities, though. it's where do you draw the line. there's so many instances where our taxpayer dollars are going towards funding things that are illegal to fund, according to federal law. i mean we have a muslim outreach program, for example, that is going towards hiring groups at the council on american islamic relations, which is a muslim brotherhood front. it's been called a fund-raising arm for hezbollah, which is a designated terrorist group and terrorists training the fbi to

be afraid of being fired because they're being charged with islamphobia as opposed to protecting it. >> they don't think people are paying attention. >> they do these reports every year. >> nobody ever changes. who wants to offend military families. look at those brave heroes that you're showing with one leg. who wants to -- no politician wants to defend them. >> i want to go back to this, it's because these members of congress have their little pet project that say they don't want to send their constituents and they're powerful enough. >> speaking of money, there are a lot of people out there with a ticket. the mega millions jackpot, it's a multistate lottery game. we are talking now the jackpot at $636 million. second largest lotto jackpot in u.s. history. if it doesn't -- if it's not won tonight, they think the drawing will be up to a billion dollars. it could be up to a billion bucks someone could win in the lottery. >> god bless america. >> what do you make of it? >> i hope they don't win so i

can buy a ticket so i hope it doesn't happen tonight. >> it's a celebration of everything that's great about this country. the chance to walk away with a billion dollars before taxes. >> and yet they say that when you win the lottery, it ruins your life in a lot of these cases. how many stories have body of lottery winners who come forward and say i wish i had never won. it was more of a curse than a blessing. >> think of all the free loaders that show up at your door. all those people from high school you haven't spoken to, come on, give me a million bucks. >> do we believe these people? the people who say their lives are ruined, do we believe these people or do we just want to believe them because of our envy? >> i had a caller to my radio show, i'll never forget this, named dexter. he won the lottery. he bought cars for everybody in his family, he bought six homes. flat broke. he was on welfare after it was all over. >> but you have a better chance of so many -- a better chance of getting struck lby lightning. better chance of getting killed by a donkey, you name it, than you do of winning this jackpot.

so do you waste your money in buying tickets? have you done it? >> i will. >> if you won this jackpot, would you show up at work tomorrow? >> absolutely. and i donate it to great charities. the foremost expert -- >> lighten up. >> mike, how about you? >> are you kidding me? you'd see the back of my head. i'd take about 30% for me, 70% try to do good things for other people but that's it. >> i will never see you again. you will never see me on the show if i win this lottery. >> i hope you don't win. coming up on a very different note, they went in for a routine tonsillectomy for their daughter and now that child is on life support. tonight we're hearing the hospital wants to pull the plug against their will. that's next. plus on hannity at the top of the hour. >> this is a budget that basically continues to spend more money for our government than it takes in.

it doesn't seriously deal with the debt, not just in my opinion but in the opinion of everyone who's observed it from that perspective. in fact it increases spending be a victim of fraud. fraud could mean lower credit scores and higher interest rates when you apply for a credit card. it's a problem waiting to happen. check your credit score, check your credit report at experian.com.

a 13-year-old girl goes to the hospital for a routineness to lectomy and winds up on life support. now, her family is fighting the hospital from taking her off life support. trace gallagher has more. trace. >> shortly after she had her ness ness tolectomy, her mom said she was alert and talking and even eating a popsicle. then she started to bleed from her mouth and went into cardiac arrest and then pronounced brain

dead. the family said the doctor who performed the surgically doesn't know what went wrong and won't release the case because the family won't allow them to. the girl's family says the hospital was planning to take her off life support this morning but they found a lawyer to write to the hospital a creacease and desist letter. >> the family is of the believe only god makes a decision when she is to leave this world. as long as she is living not in pain, they're praying for god to intervene to bring life back to their daughter. >> the lawyer wants the courts to intervene. it's unclear if they will. the girl has been tested for brain activity three times by three doctors, all show no activity. california law says quoting here an individual who has sustained irreversible cessation of all

functions of the entire brain is dead. but the lawyer says the law was written for families wanting to take loved ones off life support, not to leave them on. this family, he says, wants time. here's the >> for everybody that have children, you know how you feel about your children. if that was your child laying in bed fighting for her life, you would want everybody to pray for her, too. because she didn't come in here like this. she was not a sick child. they owe it to her. >> that is a family that is hoping for a miracle, megyn, one week away from christmas. >> terrible. trey, thank you. we're taking your calls tonight. go to facebook do.com/thekellyf. or #kellyfile, we'll have more right after this break. and ah, so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service,

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help old santa sleigh i want to be a reindeer. ♪ don't let them tell you you're no good ♪ ♪ don't let them bello, call their bluff ♪ >> we did get three knobby penguins, a monster snowman and fat walrus for your money. you, too, c ld be enjoying the music of in the meantime, speak of money, the odds of winning tonight are

very slim. a lottery expert says your odds won't improve that much if you buy one ticket or 1,000 tickets. buy one. they recommend you pick your own numbers rather than let the computer do it. good luck opinion. let me know on twitter if you win. pickingour ow numbers rather than let the computer do it. good luck! let me know if you win! tonight, the united states senate has voted to advance a so-called bipartisan budget deal. what the supporters of this plant don't want you to know is the devil is in the details and senator marco rubio is here to expose the truth about this agreement and why he was a no vote on this gislation, just the beginning of this tuesday night edition of hannity. straight ahead. >> how do you do that? ow >> how do you do that? how do you balance the budget? >> you have to learn how to say no. >> we have uncovered the future 40th president of the united states chilling 1975 warning to america.